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Do parents have a right to know who their biological children are (or aren't)?

Discussions relating to Personal Injury Law

Do parents have a right to know who their biological children are (or aren't)?

Postby piaras91 » Fri Nov 16, 1990 12:11 pm

Consider these cases:

1. A man donates sperm and later wishes to know his biological children

2. A woman donates an egg and then wishes to meet her child

Now let's make it more interesting. Let's say a husband and wife donated an egg and sperm which were fertilized into a zygote. This zygote was to be implanted into another woman (let's say the wife was unable to safely give birth). Now imagine that the doctor accidentally implanted the wrong zygote during this procedure. The baby will not be genetically related to the mother or father. Do they have a right to know that they are not genetically related to the baby?

"In Great Britain, when two children were born after IVF treatment, and were apparently created using the wrong sperm, their parents sued.The children have darker skin than their white parents and, according to their mother, have been subjected to ridicule and name-calling. However, a judge ruled that the case had no merit and that "the children had no legitimate expectation other than being born healthy and well."He also stated, "The presence of persons sufficiently misguided and cruel as to issue racist comments directed to these children is no basis for a conclusion that they are somehow damaged."Thus the parents will not receive remuneration for personal injury even though the wrong sperm was used."

http://www.renewamerica.com/columns/brown/101107

http://www.bbc.co.uk/news/uk-northern-ireland-11532849
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Do parents have a right to know who their biological children are (or aren't)?

Postby panteno » Sun Apr 03, 2011 8:32 pm

Consider these cases:

1. A man donates sperm and later wishes to know his biological children

2. A woman donates an egg and then wishes to meet her child

Now let's make it more interesting. Let's say a husband and wife donated an egg and sperm which were fertilized into a zygote. This zygote was to be implanted into another woman (let's say the wife was unable to safely give birth). Now imagine that the doctor accidentally implanted the wrong zygote during this procedure. The baby will not be genetically related to the mother or father. Do they have a right to know that they are not genetically related to the baby?

"In Great Britain, when two children were born after IVF treatment, and were apparently created using the wrong sperm, their parents sued.The children have darker skin than their white parents and, according to their mother, have been subjected to ridicule and name-calling. However, a judge ruled that the case had no merit and that "the children had no legitimate expectation other than being born healthy and well."He also stated, "The presence of persons sufficiently misguided and cruel as to issue racist comments directed to these children is no basis for a conclusion that they are somehow damaged."Thus the parents will not receive remuneration for personal injury even though the wrong sperm was used."

http://www.renewamerica.com/columns/brown/101107

http://www.bbc.co.uk/news/uk-northern-ireland-11532849
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Do parents have a right to know who their biological children are (or aren't)?

Postby adamka » Sun Apr 03, 2011 8:37 pm

Consider these cases:

1. A man donates sperm and later wishes to know his biological children

2. A woman donates an egg and then wishes to meet her child

Now let's make it more interesting. Let's say a husband and wife donated an egg and sperm which were fertilized into a zygote. This zygote was to be implanted into another woman (let's say the wife was unable to safely give birth). Now imagine that the doctor accidentally implanted the wrong zygote during this procedure. The baby will not be genetically related to the mother or father. Do they have a right to know that they are not genetically related to the baby?

"In Great Britain, when two children were born after IVF treatment, and were apparently created using the wrong sperm, their parents sued.The children have darker skin than their white parents and, according to their mother, have been subjected to ridicule and name-calling. However, a judge ruled that the case had no merit and that "the children had no legitimate expectation other than being born healthy and well."He also stated, "The presence of persons sufficiently misguided and cruel as to issue racist comments directed to these children is no basis for a conclusion that they are somehow damaged."Thus the parents will not receive remuneration for personal injury even though the wrong sperm was used."

http://www.renewamerica.com/columns/brown/101107

http://www.bbc.co.uk/news/uk-northern-ireland-11532849
No. Those who donate sign waivers to give up all rights to the material, which includes any knowledge about children resulting from the donation. As it should be. The custodial parents and children have more of a right to privacy than someone donating eggs or sperm for money have a right to information. In the special case you mentioned, yes, I think the custodial parents have a right to know a mistake was made, and this is not their genetic child, but really, more so the people whose child it really is have a right to know what happened to their missing zygote. Unless it was made from donor sperm and eggs, so I guess no one "owns" it.

EDIT Yes, I think they do. I meant the donors don't need to know their egg and sperm were involved in a mix-up, but if the zygote were another couple's THEY deserve to know.
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Do parents have a right to know who their biological children are (or aren't)?

Postby taillefer » Sun Apr 03, 2011 8:39 pm

The donors names should not be given, but the custodial parents have the right to know the child is not theirs.

In fact it is illegal for doctor to not mention the mistake to the patient (if he realized the mistake).

EDIT: In the states I know of it is very much Illegal in the US. Now I cannot speak for Great Britain, but in the US doctors can have law suits filed against them for concealing such information from the parents.
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Do parents have a right to know who their biological children are (or aren't)?

Postby mace » Sun Apr 03, 2011 8:41 pm

A sperm donor signs waivers to their sperm, and has no rights to the child that resulted in his sperm. Same thing goes for egg donors.

However, in the circumstances you're referring, those are medical errors, and yes. They would have the right to know whether or not their body was implanted with the correct donors.
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