Sperm donors lose anonymity: Solicitor Muiris Lyons speaks to Butterworths
11/04/2005
Thank you very much for all you did for us. Our lives are so much better through your help.
Barry, Doncaster
Recent legislation gives children conceived from donor sperm the
right to trace details of their biological parents, but a loophole
could allow donor anonymity to be retained in some cases as supplies of
unfrozen sperm are not covered by the new laws. Stephen Ward talks to Muiris Lyons, head of clinical negligence at Alexander Harris and Co solicitors, about the issue...
New
laws which came into force this month allowing children born of sperm
donors to trace details of their biological parents still leave
loopholes because unfrozen supplies are not covered, according to Muiris Lyons, head of clinical negligence at Alexander Harris and Co solicitors. Lyons says the gap in the rules goes back to the distinction made in the Human Fertilisation and Embryology Act 1990 which
regulated IVF clinics but leaves the other one in five artificial
conceptions unregulated. "It seems now a rather odd distinction to
make," he says. But at that time the main concerns were about the
storage of frozen sperm, he adds.
Under the Human Fertilisation and Embryology Authority (Discover
of Donor Information) Regulations 2004, donors from 1 April 2005 have
to supply detailed information about themselves which will be available
to any children born when they reach 18.
In
response, a website that supplies sperm has launched a service that
bypasses the laws. ManNotIncluded.com will import sperm from countries
where the law on anonymity had not changed, and have it delivered to a
woman's home. The sperm arrives with insemination kits and certificates
proving it had been tested for HIV and other sexually transmitted
diseases.
Because the sperm would be in 'a constantly thawing
state', the service would fall outside the remit of the Human Fertility
and Embryology Authority and the donor's anonymity would be retained.
The
website already supplies fresh sperm through anonymous donors, but
unlike frozen sperm this cannot be as thoroughly quarantined and tested
for sexually transmitted diseases.
Lyons , who represents a woman who is fighting a test case to be allowed to use frozen fertilised eggs even
though the father has withdrawn his consent, says the worry is not with
this site which tests and warrants its supplies, but with the fact that
other suppliers may be less scrupulous. The Human Fertilisation and Embryology Authority has
warned women using unregulated services that they could not be certain
of the source, suitability and efficacy of the sperm they received.
The
regulation of fresh and thawing overseas supplies will probably be
addressed in the root and branch review of the regulation of assisted
conception currently underway, Lyons says.
"It would be
possible to make it illegal to bring frozen sperm into the country.
Some would still get through but it would introduce a risk for the
suppliers which would deter many," he says.
He says a further
loophole in the regulation is "IVF tourism" where women or couples
seeking assisted conception travel overseas for their treatment,
usually to save money.
Lyons believes the new laws will worsen
the shortage of donated sperm and eggs in Britain. This could drive
infertile couples abroad for treatment. They may in future choose a
country where the anonymity of the donor is still protected. This
loophole would be harder than the others to close. "People do go to
other countries to do this, " he says. "But they should be warned that
there are risks and problems associated with treatment in, say,
Romania, which are avoided in the UK, as with any health tourism."
Author: Stephen Ward. Taken from Lexis Nexis/Law.
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