Mandatory Sperm Donor Registration

Abstract

Seven European countries prohibited anonymous sperm donation. This article looks at the similarities and differences of these laws. The laws share the structure of a prohibition and an obligation. Another common characteristic is that they all lack the legal provision to inform children that they are donor offspring. This suggests that the laws are merely symbolic. The laws differ regarding their orientation. The Swedish and Norwegian laws are value-oriented. They explicitly aim at the best interest of the child and try to guarantee that the child will grow up under good conditions. The Dutch law is merely process-oriented. To decide whether the laws are instrumental or symbolic, the missing provision of the laws is discussed. Next to that, the ultimate goal of the laws is considered. The conclusion is that a deeper look in to parliamentary debates is needed to determine the characters of the laws.