Publication of consultation document on donor anonymity and British
Fertility Society’s response
August 2002
Anonymity of sperm and egg donors has been the subject of increasing
debate over recent years. The Department of Health have sought the
views of the public and professionals as to whether, and to what
extent, information about people who have donated sperm, eggs or
embryos should be given to children born as the result of those
donations.1,2
The response of the British Fertility Society (BFS) to this consultation
is now published in the current edition of the Society’s journal
Human Fertility3. Copies of this response are available by email
from this office.4
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Dr John Mills, Chairman of the British Fertility Society said:
“The BFS welcomes the Donor Information Consultation and timely
debate on this complex, sensitive and very important matter. The
Society has a multidisciplinary membership of doctors, nurses, scientists
and counsellors and while there are areas of general consensus there
is also some disagreement particularly over the question of donor
anonymity. The BFS view is to avoid a position that is resistant
to change and to adopt a progressive and informed approach”
Background
Assisted conception treatment involving the use of donated gametes
(eggs and sperm ) is regulated by the Human Fertilisation &
Embryology Authority under the Human Fertilisation & Embryology
Act (1990). The use of donated sperm was well established before
1990 but procedures using donated eggs have only been possible more
recently through the use IVF techniques. The question of what information
should be given to offspring born as a result of gamete donation,
particularly whether donors should be identified, has long been
debated, not least during the parliamentary passage of the HFE Act.
Reflecting the recommendations of the Warnock Report of 1984, the
conclusion of Parliament at the time of the passage of the HFE Act
was that donors should remain anonymous but that all adults should
have the right to find out whether they were born following gamete
or embryo donation. However, anticipating that attitudes might change
over time, the HFE Act enables the making of Regulations to amend
the categories of information to be made available. The Government
is now considering whether these are necessary and consulting widely
on the options for change.
The full text of the consultation questions and the BFS response
is published in the August issue of Human Fertility
Summary of the BFS response and recommendations:
There is little reliable evidence on anonymity and the problems
experienced in other countries are open to many interpretations.
There are genuine concerns about recruiting new donors if anonymity
is relaxed, but open programmes that are being established in other
countries should not be overlooked.
The BFS highlights in its recommendations (see recommendations
below) the concern for donors and donor offspring. The need for
information to be available to the donor offspring is recognised,
but this should not compromise donor anonymity. At present the Society
does not support a radical lift on anonymity, but believes that
future legislation on identifiable donors could be changed in line
with countries where identifiable donors are being recruited.
The BFS recommends that if anonymity is lifted then it is important
for both donor and recipient to be fully prepared through provision
of information, advice, support and counselling. This could be continued
through a Voluntary Contact Register whereby future donors and recipients
receive advice, support, information and counselling. Past donors
should also be encouraged to join this.
Recommendations:
The BFS:
· Recommends the making of regulations to allow the information
to be available under section 31 of the HFE Act
· Recommends that the regulations allow for non-identifying
information. The range of information should meet the needs of donor
offspring whilst ensuring that it does not jeopardise the anonymity
of donors during any time that they are given anonymity
· Recommends that a framework be set up to provide recipients
and donors with information and support. Mechanisms should also
be in place to acquire information to guide future developments.
· Recommends that procedures are established to ensure that
the data on donors are collected in a uniform manner across all
clinics. This should included systems that encourage and assist
donors in providing relevant information - questionnaires/proforma,
written guidance and counselling.
· Does not believe that the time is yet right for a radical
change to lift anonymity in a universal manner as, in the Society’s
view, the majority of donors and recipients are not ready for such
a change. However, the Society believes that, in future, policy
and legislations on identifiable donors could be changed in line
with a number of countries where identifiable donors are being recruited.
· Generally supports a new framework under which donors could
choose to be either anonymous or identifiable. This is a proposal
that generates concerns for some members of the Society. It is acknowledged
that it introduces the potential for conflict within families, as
some offspring may consider that their rights have been infringed
by a decision made by their parents and donor excluding them from
information that was available to other donor offspring. However,
it could encourage an environment that allows donors and patients
to move to a more open position in time. The imposition of mandatory
non-anonymous donors could be reconsidered after a specified period
when more relevant information has been collected and published.
· Generally supports the concept that we move towards a policy
of openness about donor anonymity in due course, and recommends
a proactive approach in preparing both donors and recipients for
this, through the provision of information, advice, support and
counselling.
· Recommends that a Voluntary Contact Register be set up.
It will be essential that all future donors and recipients receive
advice, information and counselling in relation to this. It will
also be important that:
· Publicity is given to the existence and role of this Register
to encourage past donors to consider registering.
· Arrangements are established allowing donors to up-date
the information on the Register when appropriate.
· A research infrastructure is linked with this Register
to obtain information under the following subjects:
· Current and changing attitudes amongst donors, recipients
and others
implicated in the processes of gamete donation.
· The experience of other counties where restrictions are
established or
changed.
Notes to editors:
1. Department of Health Donor Information Consultation: http://www.doh.gov.uk/gametedonors
2. Human Fertilisation & Embryology Authority: http://www.hfea.gov.uk/
3. Human Fertility is also published on behalf of the Association
of Clinical Embryologists, the Royal College of Nurses Group and
the British Infertility Counselling Association.
For more information: please contact the British Fertility Society press office
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