Legal parent versus biological parent: the impact of disclosure.
This article addresses arguments regarding disclosure of information to donor-conceived individuals, showing that disclosure is entirely different from the recognition of parental rights and responsibilities for the gamete providers. It argues that disclosure of information is not equivalent to saying: "donors are parents". Instead, information release simply provides a basis for donors, donor-conceived individuals and recipient parents to exchange information about themselves. When a jurisdiction enacts laws that provide for such information release, these statutes are distinct from any other legal rights and responsibilities for any members of the donor-conceived community. In its first section, the article briefly explains the means for determining legal parentage before reviewing research on how parents tell their children about their means of conception. Next, it explores studies of why members of the donor-conceived world search, providing an empirical basis for the claim that disclosure does not equal parenthood. The article explores concerns about information release, and, in the final section, suggests possible approaches for protecting the rights of donor-conceived people while reinforcing the legal separation between social and biological parents.
AB, Princeton University, USA. ncahn@law.gwu.edu
Naomi
N
Cahn
D022126:Access to Information / Q000331:legislation & jurisprudence; D003219:Confidentiality / Q000331:legislation & jurisprudence; D005260:Female; D006801:Humans; D008297:Male; D018587:Oocyte Donation / Q000331:legislation & jurisprudence*; D010287:Parent-Child Relations; D010290:Parents; D010375:Pedigree; D012661:Semen; D014019:Tissue Donors / Q000331:legislation & jurisprudence*; D014342:Truth Disclosure