In just 2022, sperm sourced via one private Facebook group reportedly resulted in 692 births
People looking for a sperm donor can go to
a fertility clinic, ask a friend to donate or look for a donor online,
including on an app or via social media.
Women in
same-sex relationships, single women and others are choosing the online option
for a number of reasons.
But this brings with it various challenges and risks. Here's what to know
first.
It's a popular
choice
Up to
4,000 children are estimated to have been born over the past ten years via one
Australian sperm donation website alone.
In just 2022, sperm sourced via one
private Facebook group reportedly resulted in 692 births.
Some
donors and recipients choose to use online platforms because they want to form
connections and friendships with the other party early on. In some cases,
donors choose to remain in the lives of the recipient and any child born from
their donation.
But some
sperm donors go online to remain anonymous, an option not usually possible when
donating through a fertility clinic.
Some
people might use online sperm donation because the cost of accessing donor
sperm at fertility clinics is too high in Australia. Some clinics charge a
sperm donation management fee of about AUD 2,000.
This allows people to access information about the donors they can choose from.
Then
there is the cost of insemination and of the sperm itself, which is about USD
2,500 out-of-pocket per cycle. Online sperm donation in Australia tends to be
altruistic and does not cost anything.
People in
rural or regional areas may live far from fertility clinics, making access
challenging.
Then
there's often a shortage of donor sperm at clinics. In particular, there's a
lack of ethnic and cultural diversity in donors.
Whatever
the reason for seeking sperm online, here are some issues to consider first.
Medical unknowns
Sperm
donors at fertility clinics undergo medical, physical and psychological
screening to reduce the risk of transmitting disease to a child.
However,
online sperm donors may provide people with unscreened sperm that might be
carrying sexually transmitted infections or inheritable genetic conditions.
This puts
the recipient and the potential child at risk because of the lack of medical
information about the donor.
Psychological, personal, social risks
People
might be placed at risk when they agree to meet a potential online sperm donor
in person. There have been reported cases where potential donors have pressured
people into natural insemination (sexual intercourse) once they meet.
This is
despite donors initially agreeing to provide sperm for home insemination (using
a syringe to inject the donor sperm into the vagina).
These
safety and exploitation concerns are especially pertinent in cases of same-sex
female couples and people who are same-sex attracted who might feel coerced or
compelled to have sexual intercourse with a man to try to conceive a child.
In
fertility clinics, state laws limit the number of individuals or families that
can use a single donor's sperm (from five to ten families depending on the
state).
The
nature of online sperm donation means there are no records kept about the
number of children a donor contributes to conceiving. With no formal record
keeping, one donor could potentially provide sperm to hundreds of people. This
increases the chances of donor-conceived siblings unknowingly having children
together later in life.
There might be cases where donors do not tell the truth about their identity or
background, as happened in a case in Japan when a donor allegedly lied about
his identity and education.
There
might also be psychological harm when an agreement has been made about contact
between the parties and that agreement is later disputed or disregarded.
Legally, it's a grey area
A man who
donates sperm to a fertility clinic has no legal rights or obligations to a
child born as a result of this donation in Australia.
However,
conceiving a child using informally donated sperm can be legally precarious. We
are not aware of any reported cases in Australia of legal disputes about parentage
that have involved online sperm donation.
However,
if the practice continues to grow, the courts may need to intervene if a donor
is seeking to exercise some rights relating to the donor-conceived child
against the mother's wishes.
There
was, however, a 2019 case that relates to sperm donation by a friend. Here, the
High Court ruled a man who donated sperm informally to his friend was deemed
the legal parent of a child. This resulted in the mother and her same-sex
partner being prevented from relocating to New Zealand with the child and their
sibling.
As each
potential case will depend on its own set of unique circumstances, it's best to
take legal advice first.
What's best for the child?
Many
donor-conceived people want information about, and contact with, their donor. A
lack of information, including medical information, can contribute to
psychological, medical and social harms.
So people
should carefully consider how this arrangement might impact any child
conceived. This includes their potential desire to meet any siblings conceived
using the same donor's sperm.
Where to from here?
The
decision to have a child using donor sperm is complex. When deciding how to
access donor sperm, people may benefit from speaking to an accredited fertility
counsellor about their options.
This may
include accessing donor sperm through a fertility clinic, which are strictly
regulated and licensed, and need to comply with state laws and ethical
guidelines.
While
accessing donor sperm through a regulated fertility clinic may be more costly
and time-consuming, it is also markedly safer than online sperm donation.
However, some people may not want to access donor sperm through a fertility
clinic, or this might not meet their needs. We need to understand why so we can
try to do something about it.
If a
person decides to access donor sperm online, they should have open and honest
discussions with the potential donor about:
- their medical history
- what role they envisage in the future life
of a child born using their sperm
- how all parties can keep records and
contact information.
Before
seeing a potential donor in person, they should also tell a family member,
close friend or someone they can confide in about the meeting to ensure they
are safe.
Taking
these measures may help make accessing donor sperm online a positive experience
for all involved.
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