The Forgotten Rights of Donor Offspring

Like adopted children, those conceived through a donor should have a legal right to access personal information about their biological parents.

Olivia Pratten, a young woman conceived by donor sperm nearly 30 years ago, wants to know her biological father – her bio-dad. Pratten believes that Dr. Gerald Korn, the physician who inseminated her mother, has information that could help her in her quest. Korn, however, claims that the file with the donor information has been destroyed, so it can’t be shared with Pratten. He also says that confidentiality in the doctor-patient relationship prevents him from disclosing any information about a patient.

Even if the relevant file has been destroyed, it’s possible that Korn remembers information that could be helpful to Pratten. His assertion that he can’t disclose any information to Pratten is presumptive, as it depends on whether this information exists in medical files or in his head. The matter is now before the courts.

But Pratten isn’t fighting merely in her own interest; she’s arguing on behalf of all donor-conceived children for the right to access personal information (including health information) about their progenitors (including sperm, egg, or embryo donors). This would require the creation of permanent records – presumably in some kind of registry – to avoid the possible destruction of relevant information.

The Canadian Medical Association’s Code of Ethics mandates that physicians protect the personal health information of their patients. The code also specifies that a physician may disclose such information to others only with the patient’s consent or when required to do so by law.

Currently, Canadian law as entrenched in the Assisted Human Reproduction Act of 2004 requires the collection of personal health information about sperm, egg, or embryo donors. This information may not be disclosed for any purpose, except with the written consent of the donor or in accordance with stipulated disclosure requirements outlined in regulations (these regulations have yet to be developed). As only health information (not personal information) is to be collected, however, the anonymity of donors is thereby protected in law.