A Brief Legal History of Sperm Donation
- 1996 - The Semen Regulations (The Processing and Distribution of Semen for Assisted Conception Regulations) 1996 set out the necessary stringent tests which must be performed on semen before the donated sperm can be used in AHR procedures. It does not however apply to self-insemination procedures. Donors will usually be anonymous but must undergo screening for sexually transmitted and infectious diseases. Any donations must be quarantined for six months to ensure no sign of diseases appear and re-testing takes place after this time.
- 2004 – The Assisted Human Reproduction (AHR) Act preserved the right for donations to be anonymous but does require detailed records of the donor to be kept. Donors then have the option to reveal their identity if they choose. However, individuals undergoing treatment using donated sperm or eggs must be provided with non-identifying health information on the donor.
- Section 9 Assisted Human Reproduction (AHR) Act 2004 –makes it illegal to obtain third party sperm (or eggs) from a person under the age of 18. If the sperm of egg is to be used by the donor then the 18year age limit does not apply.
- Section 7 Assisted Human Reproduction (AHR) Act 2004 –prevents payment to a donor for the sale of their sperm or eggs. It is also illegal to advertise for the purchase of sperm or eggs.
- Section 12 Assisted Human Reproduction (AHR) Act 2004 - ( not currently in force and still under consultation) will enable a donor to be paid their receipted expenses for acting as a donor. However, AHR clinics in the interim can still reimburse donors for their expenses this is in recognition of the fact that section 12 may take some time to be passed.
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