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Official Description & Notes

A TOL BRIEF: THE LEGAL RISKS OF DONATING SPERM

What should a potential sperm donor know in advance of donating sperm?  This TOL Brief is a must-watch for anyone considering sperm donation and a fascinating thought experiment for those interested in how law is applied in cutting-edge technology.

Harvard Law Professor Glenn Cohen explains the benefits of anonymous donation and points out how the law treats donations differently when there is a doctor or hospital involved. He also breaks down the legal risks (e.g. child support) as they relate to sperm donors.

https://www.talksonlaw.com/briefs/what-are-the-risks-of-sperm-donation

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TRANSCRIPT

So imagine you're thinking about becoming a sperm donor. What do you have to think about in terms of law?

Welcome to Talks On Law. I’m Glenn Cohen. I’m a professor at Harvard Law School, who specializes in the law and ethics relating to medicine. And today, I’m going to talk a little about sperm donation and the disposition of sperm and embryos.

Your first choice is whether to become a known or an anonymous sperm donor. To become an anonymous sperm donor, at least in the United States, you're the most protected from somebody seeking to name you as the father after the fact going on for child support.

Let’s say you instead decide to become a known sperm donor. Maybe there's a friend of yours who's asked for your sperm. What should you do to protect yourself in this circumstance? Well, the law varies from state to state. The major things are, if possible, try to donate to a married individual rather than an unmarried individual. Try to have a physician involved because insemination done by a licensed physician is often given more protection than at-home insemination. And try to limit the amount of post-pregnancy contact you have with the child, because there have been cases where by attending birthday parties, forming a relationship with the child, a law treated you as the de facto parent.

Lastly, try to have an agreement reviewed by a lawyer put in place to protect you and declare you not the parent. But know that there have been some states where even though you have this agreement in place, under certain circumstances, they'll still hold you to be the legal father.

And I’m Glenn Cohen, thanks for watching Talks On Law.