Should children whose biological fathers were sperm donors be legally entitled to know their identities? That’s an issue being confronted in some state legislatures. It brings up many potential relationship medical, and legal issues.

Genetics Matter to a Point

It’s well established that the genetic code handed down from your ancestors largely controls your physical characteristics and can make you more or less prone to medical conditions. Genetic causes a small percentage of cancers, according to the American Cancer Society, but knowing if you have a family history of cancer may make you more vigilant in cancer screenings. If one is found at an early stage, treatment may have a much greater chance of success.

However, how much genetics controls our personalities and academic potential is less certain and more controversial. It could lead to genetic discrimination. If your DNA makes it less likely you’ll do well in school, why waste valuable educational resources on you?

Secrets No More

Secrecy for sperm donors was commonplace for many years, but DNA testing has ended any guarantee of donor anonymity. Major sperm banks require donors to agree to disclose their medical histories and reveal their identities when a child reaches 18.

This isn’t enough for some pushing state legislation to make this a legal mandate, ending anonymity for sperm donors. Colorado, in 2022, passed a law requiring sperm banks to disclose donor identities to children when they are 18 years old, according to the New York Times.

Impact on Same-Sex Couples

Some in the L.G.B.T.Q. community, who make up a large percentage of sperm donation users, fear the end of this secrecy may be an unanticipated threat. It may result in donors obtaining parental rights and L.G.B.T.Q. families being seen as less legitimate. Donors and parents agreeing to release information is one thing, the government requiring it is something else.

Only seven states have statutory language in fully protecting families formed by nongenetic bonds because they passed the current Uniform Parentage Act. New Jersey is not one of them. The state’s law is based on a prior version passed by 13 other states.

Those fears were peaked by a 2023 Oklahoma court decision involving a lesbian couple who divorced after having a donor-conceived baby. The judge ruled the nonbiological mother lacked parental rights since she failed to adopt the child, but the sperm donor had parental rights with the biological mother.

If a same-sex partnership dissolves or a marriage ends in New Jersey, parental rights will come up if a child is part of the family. If a heterosexual couple divorces, there will be a child custody order if the parents can’t agree on who will have what custody rights. If a same-sex couple ends their relationship, their rights can be less certain without marriage or formal second-parent adoption.

Culture Wars and Sperm Donation

Children of same-sex couples may confront people telling them it’s wrong for them not to know who a biological parent is, and that it’s wrong for them to be in this situation. This viewpoint was used to argue against the legality of same-sex marriage despite research showing children of same-sex couples are no worse off than those growing up in traditional families.

Some groups lobbying to end donor anonymity think teens younger than 18 (perhaps 14) should be informed of their sperm donor’s identity. This opens up potential conflicts between parents and their teenage children over what it means to be part of a family.

Birth certificates are another legal battleground. If enacted, a bill introduced in the New York Senate would result in sealed birth certificates with a sperm donor’s identity. Birth certificates currently record legal parentage, not necessarily genetic parentage.

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