Israel's High Court Rejects Petition to End Sperm Donor Anonymity
The High Court of Justice has turned down a challenge that sought to give children conceived through sperm donation access to their biological father's identity.
By Local News Pipeline Staff ·
Israel's High Court of Justice has rejected a petition that asked for children conceived through sperm donation to be allowed to learn who their biological father is. The ruling leaves in place the existing rule that keeps sperm donors anonymous.
The petition was brought by two organizations, Choosing Family and B'Tzalmo, both of which oppose anonymous donation. They argued that the provision guaranteeing donor anonymity violates the right of children to know who their biological parents are. During the proceedings, the court asked to hear the ministry's position on the matter.
A panel examining the issue was faced with two broad options. It could leave the current anonymous-only system as it is, or it could allow two parallel tracks, one anonymous and one non-anonymous. Adopting its recommendations would require changes to existing legislation.
Under the current arrangement, Israel permits only anonymous sperm donation. The Public Health Regulations prohibit the disclosure of any details that could identify a donor.
The rules are strict even when a woman wants to conceive with a man she already knows. She must present a parenting agreement between the two of them, and that agreement overrides any other arrangement. In practice, this means there is no route to an identified donation unless it comes with a commitment to fatherhood.
Sperm donation in Israel is not governed by primary legislation. Instead, every donor signs a form confirming that the donation is anonymous and that no identifying detail will be passed on to the woman who purchases the sample.
The Justice Ministry took one related step last year, when it published regulations for a database registering egg donations. The database will also record whether the mother was fertilized with a sperm donation, and if so, the donor's code will be registered.
That move followed an earlier petition, filed five years before by the same two organizations. They had demanded a registry to prevent marriages between relatives, pointing out that a man can donate at several sperm banks and that there was no orderly registration of donors.
Source: The Jerusalem Post
