There is no such thing as anonymous anymore
With the prevalence of over-the-counter DNA tests, anonymity in assisted reproduction is no longer possible and the practice of hiding a persons genetic identity should be prohibited.
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.
Assisted Conception 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
- 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.