Gamete and Embryo Donation: The Need For Regulation 

Jean M.Haase M.S.W.,C.S.W.   

Assisted Reproductive Technologies have grown at a rapid pace in recent years and have enabled many otherwise infertile couples to have the children they so desire. Whilst many of these children are the full biological offspring of their parents, an increasing number are conceived with donated sperm or eggs, and more recently, with the use of donated embryos. The numbers of children and adults conceived from gamete donation can only be estimated as there are no legal requirements to maintain permanent records, and it has not been unusual for information to be destroyed after a birth has occurred. Like adoption, the history of gamete donation has been that of secrecy and closed, or absent, records. 

Donor Insemination, which dates back over one hundred years, has generally been seen as the most successful form of gamete donation, from the perspective of the numbers of children conceived. Compared to procedures such as in vitro fertilization (IVF) however, it has a low public profile and continues to be dominated by secrecy and anonymity. This practice has meant that thousands of people have no access to their full genetic identity. Lack of record keeping and disregard for the outcome of these births has also resulted in unknown numbers of children conceived from the same donors, an issue which has been almost universally ignored by sperm banks and clinics. 

Recently, there has been growing criticism about many of the practices associated with gamete donation. It is argued that children born from donated sperm, eggs and embryos have the same needs as adoptees for information about their genetic identity. There is also controversy regarding the issue of whether donors of gametes and embryos should be paid, a practice the federal government has stated it intends to prohibit on the grounds that it is contrary to the dignity of human life. Proponents of payment for donors argue that removing remuneration will result in fewer donors and reduced access to treatment. In addition, it is often stated that requiring donors to place their names in a register will result in a scarcity of donor sperm and eggs. These arguments tend to create fear and suspicion, and deflect attention away from the larger issues in gamete donation, namely, the needs of families and the rights of offspring to truth and honesty about their genetic origins. Recent research in other countries has indicated that donors do not necessarily demand anonymity and in fact many are interested in outcomes. Countries such as Sweden, New Zealand, and Australia have removed both payment and anonymity and this has not resulted in fewer donors. 

It is significant that in Australia, consumer groups such as the Donor Conception Network have become important and influential advocates for change regarding gamete and embryo donation. (Their self-published book entitled "Let The Offspring Speak" makes for compelling reading for anyone with an interest in this issue). In Australia and New Zealand, donors are only accepted on the basis of agreeing to be identifiable to their adult offspring; the numbers of children conceived are strictly limited; and although the donors are not paid, they are provided with information about the outcome of their contributions. There is also a move towards trying to redress some of the information gaps of the past, with calls for voluntary registers to be established in order to assist offspring who were born before the new legislation. 

Could such changes in how we think about gamete and embryo donation ever come to pass in Canada? Probably not without much public debate and education, although that should be seen as an urgent necessity given the lack of discussion and awareness about such issues up to the present time. The Federal Government is actively working on developing a legal and regulatory framework regarding Reproductive Technologies which is likely to involve licensing of clinics and the establishment of birth registries. It is hoped that regulation is reflective of adoption practice in most  provinces and considers the welfare of children conceived through gamete donation as a priority.