Anonymous donation of sperm and oocytes: balancing the rights of parents, donors and children

Petra de Sutter, Committee on Social Affairs, Health and Sustainable Development - Parliamentary Assembly, Council of Europe

It is estimated that more than 8 million children worldwide have been born as a result of assisted reproductive technologies, many of whom have been conceived of sperm or oocyte donation. Traditionally, most countries favoured anonymous donation models, and thus restricted the right of donor-conceived persons to know their origins.

International and European human rights law has moved towards recognition of a right to know one’s origins. This right, however, is not absolute and must be balanced against the interests of the other parties involved: principally those of the donor(s) and the legal parent(s), but also those of clinics and service-providers, as well as the interests of society and the obligations of the State.

This report from the Parliamentary Assembly of the Council of Europe looks at the right of donor-conceived persons to know their origins in a global context where more than 8 million children worldwide have been born as a result of assisted reproductive technologies. It proposes a set of recommendations in line with International and European human rights law covering the recognition of the right to know one’s origins, while at the same time taking into consideration the rights of other parties involved. The publication clearly advocates for the lifting of the anonymity of gamete donors, however not retrospectively, except for medical reasons or where the donor has given his or her consent.