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represents a woman who is fighting a test case to be allowed to use frozen fertilised eggs even though the father has withdrawn his consent, says the worry is not with this site which tests and warrants its supplies, but with the fact that other suppliers may be less scrupulous.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.
BackRelated news stories
- 06/06/2006: League table of fertility clinics to be published
- 03/03/2005: Who has right of ownership over frozen embryos?
- 14/02/2005: IVF challenge: Natallie takes her case to Europe
If you believe that you might have a legal claim relating to this story, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in this area.
If you have any comments in relation to this story, please use the online discussion forum.
This news section contains stories of interest to our clients from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.
Related Areas
My son would say thank you, if only he could understand. So I will say it for him: Len, Manchester
