The Paternity of Sperm Donors: a Step Too Far?

Sperm donation is a topical issue, and one whichhinder the child's upbringing.
has undoubtedly split national and internationalSecondly, rights correlate directly with
opinion down on both sides of the fence. Inresponsibilities according to the influential theory,
relation to artificial insemination, the act of a manalbeit in a judicial context, known as the Hohfeld
donating sperm creates a situation wherebyschema. Where then, do the rights of the sperm
couples with fertility problems raise the productsdonor correlate with responsibilities? Whilst there is
of the donated sperm. Whilst this kind of solutiona genetic link, there is no paternal link - that job's
can be a godsend to childless families, italready taken, thus the sperm donor has nothing
nevertheless sparks an emotional and moralto contribute to the bargain aside from his
debate over the role of the sperm donor to hiscommon genetic materials.
eventual biological child, dredging up the old issuesOn the flip side, the suggestion stands that
of nature and nurture and the importance ofchildren should be allowed to grow up with their
biological as opposed to artificial familyfamily units, and that biological relationships
relationships. Furthermore with the potentialthrough sperm donation should be kept
confusion this can cause for the child in later life,anonymous for policy reasons and to prevent
and the advancing relationship between DNAeventual issues with tracking in later life. However
testing and paternity, sperm donation continues toto counter this, why shouldn't a child's biological
be a hotly contested subject.father have the right to contact and access, if
Arguments on both sidesnot at a distance, with his child? Sharing the same
On one side of the fence is the argument that agenes, the characteristics of the father could be
child, regardless of any other factors, has anadapted through DNA testing (genetic) to work
inherent right to see both of his biological parents.out whether the child will be subject to the same
Certain opinions suggest that the naturalmedical problems or temperament issues, which
connection is far stronger than anything that cancould be beneficial to treating illnesses.
be artificially created, and that as such both theSperm donator anonymity and DNA Paternity
parent and the child have an in-built right toTesting
maintain contact with one another. However thisPaternity testing and DNA testing in general have
view point has fallen to a number of robustbecome far more widespread in recent years,
criticisms. Firstly, in the context of sperm donationwhich could eventually lead to the issues of sperm
this produces all kinds of policy problems. Fewdonator anonymity being further jeopardised since
would argue it desirable to have the ability toa DNA paternity test will confirm with certainty
trace a sperm donor - sperm donation is not awho the biological father is of the child. Until then,
commitment to fatherhood. Likewise the spermhowever, the debate over the rights and
donor should have no direct link to the child forresponsibilities of the sperm donator in relation to
fear that this may disrupt the family unit andhis biological child looks set to rage on.