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Why Ending Donor Anonymity is the Right Thing To Do

This article was written for the magazine of Infertility Network UK
Let me start by saying where I am coming from.
My husband and I have two children..well young people really..now aged nearly 21 and 18. They have known about their donor conceived origins since they were very little.
When we had treatment the climate was such that just saying we were going to 'tell' our kids was pretty unusual, let alone having identifying information about the donor. If we were needing donor insemination (DI) today, I'd like to think we would be first on the list for a 'willing to be known' donor.
As it is, we have no information whatsoever about our children's donors. Our son has referred to his donor as 'a good bloke who gave my parents a lot of joy by providing what was needed so they could have a baby'. He currently has no curiosity about this man although he admits that this may change as he gets older.
Our daughter has always been curious about her donor. She would like to know what he looks like, what sort of music he likes and what his values are. She would like to thank him for helping to give her life. Both children are comfortable with their 'different story'. The eldest recently chose to share information about his origins with new friends when he went to university. The youngest has always talked about it. They are normal young people living ordinary lives. What is extraordinary about them is that they are part of a group of children, young people and adults in this country who have no rights to know about one half of their genetic make-up. Unlike those children who have come into existence by way of a sexual indiscretion, these children have been created deliberately with the intervention of third parties, fertility clinics now licensed by the HFEA, where records have been held since 1991 on all donors and recipients.
Anonymity for sperm and more recently egg donors has its basis in the social histories of medicine, law and cultural attitudes to infertility. When donor insemination, then known as AID, began on a professional basis after the war is was widely condemned by the church and some members of the medical profession. This, together with the perceived stigma of infertility, meant it was unsurprising that its practice was surrounded by secrecy. As it then stood, the law made the donor the legal parent of the child, with potential financial responsibility, and their only protection was anonymity. And in the post-war welfarist climate of 'we know what is best for you' no one thought that the children who were conceived as a result of AID would want to know about their genetic background. No one thought they would ever find out they had been conceived that way.
But now things are different. Assisted conception treatment is well out of the closet. Donors are now legally freed from financial responsibility for children they help to create. And from a situation where most parents kept the fact of assisted conception secret, parents now tend to tell their children how they were conceived. People conceived through gamete donation after 1991 have the right at age 18 to establish if this is the case. More and more parents realise that lying to their children is a very poor basis for family life. And adult donor conceived people who have found out about their conception are speaking out about their feelings. "It's not the conception, but the deception that hurts", says Bill Cordray, an American donor conceived man, about the harm secrecy causes in undermining trust in families. In 2003 the High Court ruled that in considering whether donor conceived people who want more information, including the identity of their donors, the provisions of the Human Rights Act (right to respect for private and family life) have to be taken into account. "Respect for private and family life requires that everyone should be able to establish details of their identity as individual human beings," said the judge. So donor anonymity is no longer needed as a protection from financial claims. And the rights of donor conceived people to information about their donor are being recognised. As in adoption, not all donor offspring will want to meet their biological mother or father.
About half of all adopted people want information about their birth family and a smaller proportion go on to make contact. For some connection brings recognition and a new sense of identity. For others it is disappointing. But for all it brings a sense of relief and closure. At last I know. Many adopted people leave searching for birth parents until after their adoptive parents have died. They loved them and did not want to hurt them. Although we do not as yet have enough evidence (past secrecy having prevented research) it is likely that children conceived through donated eggs and sperm will follow a pattern similar to those of adopted people. Except that for most donor conceived people the choice about whether to search or not will not be there.
It is highly unlikely that our daughter will ever see her tall, blonde good looks reflected in another person, unless she is lucky enough to make a connection through UK DonorLink. We don't yet know how important this will be for her and her future. But we do know from the very few adults who have found out who their donor is (or 'was' in several cases) or those who have contacted half-siblings, that this knowledge has made a significant difference to their lives, even if they had not been unduly concerned about having been donor conceived.
So the point of 'willing to be known' donors is to give choices to those conceived with donated eggs or sperm, and in doing so to place the emphasis on the needs of the offspring and responsibilities for thinking about the long-term implications of what they are doing on would-be parents and their advisors. Parents of course as part of their role have to make important decisions on behalf of their children, but where adults are protecting themselves or each other from the pain of acknowledging infertility, it is very hard for them to be objective about what might be in the interests of their children. Parents' short term anxieties and children's long term needs do not necessarily coincide in this area. And clinicians who suggest that parents should have the choice about whether a donor should be 'willing to be known' or anonymous are also not thinking about how any resulting child might feel when they discover that their parents had a choice.
But what is good or not so good for families is not a medical doctor's sphere of expertise. Brilliant clinicians do not have the training or perspective of an expert in child and family welfare. They may be very good at the science behind making babies but this does not amount to a qualification to pronounce on issues that are to do with the well-being of children and their parents. The issue of whether moving to 'willing to be known' donors is likely to deter men and women from donating is an important one. It is obviously vital that sufficient donors come forward so that sperm donation is not driven underground and those needing egg donation feel they have to go abroad.
But the statement from the Liverpool clinicians in the Spring 2004 edition of the Infertility Network UK magazine, that 'The psychological impact of a young person aged 18 approaching one in 18 years time, is quite psychologically daunting,' I would suggest is pure projection of their own personal fears and fantasies. Any man or woman who feels like this should not be donating! Clinics need to be adapting their practice to recruit people who are mature enough to be able to put themselves in the shoes of an infertile couple and offer what is the most generous and valued charitable donation of them all - the gift of life! But the fact that the donor is acting altruistically to help others doesn't in any way diminish the responsibilities that come with such an act. These responsibilities include recognising that those conceived with the assistance of one's donated gametes may have a wish to learn about their biological father or mother. Other countries have managed to recruit 'willing to be known' donors.
The UK cannot be so different from Australia, New Zealand, Sweden and others. But it is true that clinics are going to have to work harder to recruit these rather special people and some may decide that it is not worth their while.
Change is always difficult. Everyone struggles with the new and unfamiliar. And the transition time between old and new ways of doing things is often a bumpy road. Contemplating conceiving a child with a 'willing to be known' donor may not feel comfortable for many for a while. But pleased be assured that all the evidence from the sources that matter - adult donor conceived people, older DC children brought up in openness and their parents, child and family psychologists and family counsellors - that sharing information with your child about their origins and giving them the choice to have more information about and know the identity of their donor, is the best possible decision you could make for the well being of your whole family.

Olivia Montuschi Founding Member Donor Conception Network
Counsellor: Parenting Educator and Trainer