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Summary: Fathered Anonymously: Questions Raised By A.i.d. (Press, 12 August 1977)
Artificial Insemination by Donor (A.I.D.) has been around for over 30 years but is now facing new challenges and calls for legal reform. As traditional routes to parenthood, such as adoption, have diminished due to factors like widespread contraception, sterilisation, and the legalisation of abortion, there is a growing demand for regulation regarding the legitimacy and status of children born through A.I.D. A private member's bill has been introduced to allow for the legitimacy of a child born through A.I.D., provided the mother has the consent of her husband. Current law treats such children as illegitimate, which many find problematic. However, this bill may not pass in the current session but could pave the way for broader legislation addressing various concerns related to A.I.D. One prevalent worry is the potential for children conceived by the same donor to unknowingly marry each other, although medical professionals affirm that the risk is minimal and comparable to those conceived naturally. Existing sperm banks are limited, creating "centres" in certain regions where a single donor’s contributions could increase this risk. Another key issue involves the responsibility of donors and the medical professionals administering A.I.D. While physical characteristics are carefully matched to the husband’s, there are concerns about hereditary conditions that may not be adequately communicated. If significant health issues arise in a child conceived through A.I.D., there is potential for litigation against the doctor or the donor, raising questions about accountability. Donors typically consist of medical students, but many decline due to worries about their potential offspring. Legislators are becoming aware that adopted children now have rights to know their biological parents, leading to questions about whether A.I.D. children should have similar rights. Maintaining donor anonymity while keeping comprehensive records presents a challenge; potential legal repercussions could deter donors from participating altogether. Ethical and theological questions also abound regarding A.I.D. For instance, issues arise when a childless woman seeks A.I.D. without her husband’s knowledge, potentially resulting in claims of adultery. In historical precedents, courts have varied in their decisions on this matter. The potential psychological impact on children conceived through A.I.D. is underscored by cases such as a child born to a mother after the father’s death. This raises the significant question of the child’s understanding of his origin and the emotional implications surrounding it. Moreover, situations involving same-sex couples seeking children through A.I.D. highlight the need to consider the upbringing environment and its suitability for child development. In summary, while A.I.D. offers hope for many couples desiring children, the accompanying legal, ethical, and social complexities must be navigated thoughtfully to ensure the welfare of future generations.
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