There is no such thing as anonymous anymore
With the prevalence of over-the-counter DNA tests, hiding genetic identity is no longer possible - we must officially end anonymity in assisted reproduction and open access to all original birth certificates. Parents need to tell their children about their unique origins from birth. Birth certificates must be updated to reflect our fundamental human right to know our genetic identity.
Uniform Acts
Uniform acts are created by the Uniform Law Commission and serve as a template for states to adopt laws. States may adopt all or a portion of a uniform law and usually make changes.
- Uniform Parentage Act amended in 2017 to include protections for nonbiological parents (supporting parents) as well as laws regarding assisted reproduction. (WA, VT, RI, and CA have enacted a version of the 2017 UPA, and PA has introduced legislation.)
- Uniform Adoption Act, proposed in 1994. Only Vermont has adopted it as law due to many issues with various state laws.
Adoption Laws
US laws vary state-by-state. While the US has improved access to orignial birth certificates (OBC), there is still a long way to go.
Adoption laws by state – Legal Information Institute, Cornell Law School
Adoption laws by state – The Coalition for Truth & Transparency In Adoption
For more Info on Adoption Law.
Assisted Reproduction Laws
There are no federal laws regarding who may donate; a limit on the number of live births; and what information must be collected and maintained. The FDA does not require genetic testing of donated material. Only tests for HIV, Hepatitis, syphilis, Chlamydia, gonorrhea, CMV, and HTLV are required. See Code of Federal Regulations (CFR) Title 21
WA: Uniform Parentage Act RCW 26.26A.600 Assisted Reproduction
- Requires Cryobanks and fertility clinics to collect identifying information (donor’s full name, date of birth of donor, address of donor, and medical information to include present and past illness and social, genetic, and family history pertaining to the health of the donor).
- Donors shall sign declaration (witnessed or notarized) stating if he/she wishes his/her identity to be disclosed once his/her DC child reaches the age of 18. The declaration can be changed at any time.
- If a DC child at age 18 requests information regarding their donor, the Cryobank/fertility clinic must make a good faith effort to provide the DC child with the information if the donor allows his/her identity to be shared. If not, the Cryobank/fertility clinic should provide non-identifying medical information.
Vital Statistics Laws - Your Birth Certificate
Right to Know advocates for a change in all laws relating to birth certificates to include two types parents: genetic father and genetic mother (who have no legal obligations or rights) and supporting parent(s) who are legal responsible for a child. Including genetic parents gives you the right to know your genetic history. Your genetic and supporting parents could be the same, your supporting parents could be your adoptive parents, or one could be a step parent. If the supporting parent(s) information is changed, then a new line would be added with the new parents. This way we never lose information about who we are. The genetic parent information could only be change via DNA information.