Abstract
In June 2004, the Human Fertilisation and Embryology Act 1990 was modified to lift gamete donor anonymity from April 2005. This change also includes embryo donation and egg-share arrangements. The UK is not the only country to remove donor anonymity. Sweden changed its law in 1985, Austria and New Zealand in 1992, Victoria (Australia) in 1995 and The Netherlands in 20001. Pressure for change seems to come from several quarters. Family law in the UK, even prior to the introduction of the Human Rights Act 1998, had been moving towards the view that children’s welfare interests include knowledge of their genetic origins (Wallbank 2004). The announcement by the Department of Health Minister Melanie Johnson, reinforces this notion and suggests others:
Donor-conceived people have a right to information about their genetic origins that is currently denied them, including the identity of their donor … donor people should not be treated so differently from adopted people … The interests of the child are paramount. We live in an age where … our genetic background will become increasingly important … information about their genetic origins … is rightly theirs.2
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Notes
See L. Frith (2001) ‘Ethical and Legal Debate’, Human Reproduction 16(5), pp. 818–24.
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For example, T. Bayne (2003) ‘Gamete Donation and Parental Responsibility’, Journal of Applied Philosophy, 20, pp. 77–87 G. Fuscaldo (forthcoming) ‘Genetic Ties: Are They Morally Binding?’, Bioethics; H. Draper (submitted) ‘Fatherhood, Responsibility and Genetics: Disentangling Genetic Relatedness and Paternal Responsibility’, Journal of Medical Ethics.
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A. Brewaeys et al. (1997) ‘DI: Child Development and Family Functioning in Lesbian Mother Families’, Human Reproduction, 12, pp. 1349–59
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A. Clamar (1989) ‘Psychological Implications of the Anonymous Pregnancy’, in J. Offerman-Zuckerberg (ed.), Families in Transition: A New Frontier (New York: Plenum Press), pp. 111–20
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L. Frith (2001) ‘Beneath the Rhetoric: the Role of Rights in the Practice of non-Anonymous Gamete Donation’, Bioethics, 15(5), pp. 473–84.
K. O’Donovan (1991) ‘“What shall we tell the children?” Reflections on Children’s Perspectives and the Reproductive Revolution’, in R. L. Lee and D. Morgan (eds.), Birthrights: Law and Ethics at the Beginnings of Life (London: Routledge), pp. 96–114.
Only 46 gave locating a genetic parent or relative as the primary reason. O’Donovan, citing C. Day (1979) ‘Access to Birth Records’, Adoption and Fostering, 3(4), p. 17.
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For an introduction to duty of rescue, see T. Beauchamp and J. Childress (1994) Principles of Biomedical Ethics (Oxford: Oxford University Press), pp. 266–8.
We should be arguably less concerned about information per se about us being in the public domain when the information about us is stripped of anything that could lead us to be identified. The distinction between anonymous and identifiable participants is, for instance, is used to support epidemiological research and is an interpretation that seems to be supported by the Data Protection Act 1998. See also W. Rogers and H. Draper (2003) ‘The Ethics of Confidentiality in Medical Ethics’, Journal of Medical Ethics, 29, pp. 220–4
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© 2005 Heather Draper
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Draper, H. (2005). Why There is No Right to Know One’s Genetic Origins. In: Athanassoulis, N. (eds) Philosophical Reflections on Medical Ethics. Palgrave Macmillan, London. https://doi.org/10.1057/9780230273931_4
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