IDENTIFYING SPERM AND EGG DONORS: OPENING PANDORA’S BOX

Abstract

This Article examines those interests in answering the question of whether sperm or egg donees have a right to know their donor's identity. Part I of the Article examines the right to know the identity of a biological parent(s) in the adoption context. It considers the interests of the involved parties and concludes that the status quo of keeping adoption records closed, absent some compelling reason, should be preserved. The purpose of this Article's adoption section is to compare and contrast adoption to gamete donation, since both adoption and gamete donation involve similar interested parties. Part II examines the interests of the relevant parties in sperm and egg donation cases. It compares their interests to those of the parties in adoption, finding some useful similarities but also some striking differences. The result of the analysis, however, is that the identity of sperm and egg donors should remain anonymous. Part III discusses contractual issues that sperm and egg donation raises. The parameters of the contract between a donor and a clinic are usually well-defined and guarantee anonymity. This section considers but ultimately rejects the offspring's argument that he or she is a third party beneficiary to the contract. Part IV explores the various public policy arguments against the release of identifying information about the donors. It determines that compelling administrability, fairness, and social policy considerations weigh in favor of keeping the records closed. The Article concludes by explaining why the balance of interests weighs in favor of maintaining anonymity for sperm and egg donors.