A few days ago, it was The New York Times Posting this is excellent Plot About the epidemic-induced deficiency in sperm and the emergence of “sperm kings” – men put themselves out there, and out there, via the Internet and other means, to present their sperm on a large scale to those looking to conceive. One of the Sperm Kings featured in the article was a guest on Podcast I co-hosted, in 2019. Although the article didn’t mention it, I will continue to say that “Kyle Gordy” is not the real name of a gentleman. (There were some doubts about the truth of his story, as well as his intentions, and in a rare request for a guest on the podcast, he was asked to undergo a background check. Good news. No criminal record to talk about it, ladies.)
Given the multiplicity Scandals With so many sperm banks, as well as a new shortage of supplies, it’s no wonder that those hoping to start a family (but are missing a key ingredient) are turning to these gray market sources. For those considering such a way, I say, Beware the buyer (or the recipient of the donation)! Here are the top three legal issues related to sperm-king-donor arrangements.
- “Natural insemination,” AKA having sex with a donor
As mentioned in the article, in addition to being explained by Geordie and other sperm kings, these famous donors often provide goods through “natural insemination” (or “NI”, if you are really in this world). Translation: Erotic. They will have sex with you in order to “deliver” their sperm to you. directly. Like, really straightforward.
Legally, this is the most risky option. To be sure, most states have some form of donor law, which provides protection for recipients to be recognized as legitimate parents of their donated child, and does not provide donors with any legal rights or responsibilities towards the resulting children. But these state laws are consistent * do not include “natural insemination,” and often make it clear in particular that any sexual activity that results in a child is outside the protection of the law. This is evidenced by the king of sperms Ari Nagel, And multiple parenting cases that worked against him, making him financially responsible for many children resulting from his NI or other donation activities inconsistent with the statute.
- Contracts or lack thereof
As an attorney focused on assisted reproductive technology law, of course, I would say that you should hire a lawyer – two really (one for recipients and one for donors) – to draft and negotiate the contract before exchanging any goods. But really. This is a vital preventive step for both parties to the deal, as well as for future children. Children, after all, are not replaceable tools. And there are some very real issues that the parties must discuss in detail and agree on in writing before moving forward. Such as the type of future disclosures that will be shared. If a donor detects a serious genetic condition that they could go through with their donation, will they agree to contact all recipients right away? What are the resulting children’s rights to know who is the donor or how many half-siblings may be there?
Although there are exceptions to every rule, I believe that sperm monarchs often don’t pass the time and effort into entering well-crafted and carefully considered contracts with their recipients. Temporarily, on his podcast with Gordy, he mentioned that one of the donation recipients asked him to sign a contract, so he just signed a fake (another) name. Let’s see how long it holds up! Not a legally recommended route.
- Marry half of your brother
At least one of the sperm kings is within The New York Times The article admitted that he was looking to “increase his numbers” – the number of babies born from his sperm. Among us the unsuspecting ones tend to attribute the best intentions to the sperm donors. We hope these donors really want to help others in this personal and purposeful way. We don’t want to think that there is something narcissistic or twisted about a guy actively trying to have as many children as possible. Given some cases, however – like Dutch donor With potentially more than 1,000 children – the truth is that some donors have some highly questionable motivation that greatly increases the chance of ending up accidentally dating (or marrying) a half-sibling.
Professor Judi Madeira, A professor of law immersed in legal issues of assisted reproduction technology and sperm behavior, easily sympathizes with individuals who want children, but who have difficulty accessing the sperm they need. However, Madeira explained, “Men who provide sperm to others via Facebook groups and other sites are engaging in impulsive behavior. If they have an STD or hereditary condition, there isn’t much that those who use their samples to have a baby can do to hold those donors accountable.” . Furthermore, there is no way to track the number of children each of these serial donors carry, because only the same donor can track the donation activities.
Don’t get me wrong. Donors are amazing souls who make a dream come true. But I don’t think it is an exaggeration to ask each donor to limit their dream-fulfilling activities to a reasonable number of lucky recipients, and to be willing, for the sake of recipients, future offspring and themselves, to go into the business of following state law and have attorneys help in a contract that protects All sides – and hopefully, looking for the interests of the next generation.
Ellen Trachman is the attorney general of a corporation Trachman Law Center, LLC, A Denver-based law firm specializing in assisted reproductive technology law, and co-host of a podcast I want to put a baby in you. You can reach it on firstname.lastname@example.org.