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Document Type

Note

Publication Date

Summer 8-1-2021

Publication Citation

28 Indiana J. Global Legal Studies 293 (2021)

Abstract

Part I of this note provides a brief history of assisted reproductive technology and its increased use throughout the world, illustrating the growing number of donor-conceived children and the related importance of knowing genetic information. Part I also surveys regulations concerning donor anonymity in the United States and the United Kingdom to illustrate different jurisdictions' approaches to the regulation of donor anonymity. This note uses the United Kingdom as a model of countries that have prohibited sperm donor anonymity. Part II of this note discusses direct-to-consumer DNA testing, specifically 23andMe's products. This note selects 23andMe as the direct-to-consumer company for its analysis because of the company's dominance in the global market and the regulation of certain kits as "medical devices," 35 which suggests parents' rights to have this test performed on their minor children. Part III of this note explores parental decision-making abilities as they relate to medical decisions concerning minors. Part IV of this note discusses the interplay between donor anonymity and DNA testing, both in the United States and the United Kingdom.

The conclusion of this note discusses possible solutions for the issues presented by regulations concerning donor-conceived genetic information. It also highlights the benefits of allowing access to genetic information of donor-conceived individuals, specifically by allowing parents to genetically test their donor-conceived children. Ultimately, the analysis concludes that donor anonymity is no longer feasible. Instead, this note suggests countries continue to adopt and amend regulations that enable donor-conceived individuals to have access to their own genetic information without fear of redress against them, or their parents.

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