The legal flaws of the sperm king


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A few days ago New York Times Published this excellent sheet In response to the shortage of sperm caused by the pandemic and the rise of the “king of sperm”, people put themselves there through the Internet and other means, go out, and widely provide sperm to people who want to become pregnant.A sperm king in this article is a guest podcast I am the co-host of 2019. Although not mentioned in this article, I will continue to say that “Kyle Gaudí” is not the real name of a gentleman. (There is some doubt about the authenticity of his story and his intentions. He was asked to undergo a background check when podcasts were rarely asked to invite him. Good news. No criminal record at all, ladies.)

Given the many scandal With various sperm banks and new supply shortages, it is not surprising that those who want a family (but lack the key elements) are turning to this gray market. For those considering this route, I would say that buyers (or recipients of donations) beware! These are the three major legal issues arranged by the sperm king donor.

  1. “Natural fertilization”, sex with the donor

As described in the article, and explained by Gaudí and other sperm kings, these popular donors often provide goods through “natural fertilization” (or “NI” if you really are in this world). Translation: Sex. They will have sex with you in order to “deliver” the sperm to you. straight. Like it, it’s really straightforward.

Legally speaking, this is the most risky choice. To be sure, most states have some form of donor statutes that provide protections for recipients to be recognized as the legal parents of the children conceived by their donors and provide donors with protections for the children born to them. Legal rights or obligations. However, these unchanging state laws “*” do not include “natural insemination” and often clearly state that any sexual behavior that leads to a child is not covered by the law.Take the sperm king as an example Ari Nagel, And the multiple patriarchal cases against him, made him financially responsible for each child caused by his NI or other donation activities that did not comply with the law.

  1. Contract, or lack of contract

Of course, as a lawyer specializing in assisted reproductive technology law, what I want to say is that you should hire a lawyer-indeed two (one is the recipient and one is the donor) to draft and negotiate the contract, and then Then exchange any goods. But really. This is a vital protective step for both parties to the transaction and future children. After all, children are irreplaceable widgets. Before moving forward, the parties should discuss and agree on some very realistic issues in detail in writing. For example, what future disclosures will be shared. If the donor discovers a serious genetic condition that he may have inherited through donation, does he agree to contact all recipients immediately? What right does the resulting child have to know who the donor is, or how many half-siblings may be there?

Although there are exceptions to every rule, I guess that the Sperm King often does not spend the time and energy to sign a carefully drafted contract with the recipient. Scally pointed out in a podcast with Gordy that a donation recipient asked him to sign a contract, so he only signed (another) pseudonym. Let’s see how long it can last! There is no legally recommended route.

  1. Married half-siblings

At least one king of sperm New York Times The article admits that he is looking for a way to “increase his own number”, that is, the number of children pregnant from his sperm. The non-cynics among us tend to attribute the best intentions to the sperm donor. We hope that these donors really only want to help others in this personal and meaningful way. We don’t want to think that a man actively tries to be narcissistic or twisted for as many children as possible.However, given certain circumstances, such as Dutch donor There may be more than 1,000 children-the reality is that some donors have suspicious motives, which exponentially increases their chances of unknowingly dating (or marrying) half-parents.

Professor Jody MaderaThis law professor, who focuses on legal issues of assisted reproductive technology and sperm king behavior, sympathizes with those who want children, but it is difficult to obtain the required sperm donors. However, Madeira explained: “Men who provide sperm to others through Facebook groups and other websites are doing reckless behavior. If they have a venereal disease or genetic disease, then use their samples to give birth to children. It is almost impossible to be accountable to these donors.” In addition, since everyone can only track donation activities, it is impossible to track how many children each consecutive donor is pregnant.

Don’t get me wrong. Donors are amazing souls who realize their dreams. But I think that every donor is required to limit the activities of achieving their dreams to a certain number of lucky recipients, and for the recipients, future children and grandchildren, and their own willingness to experience compliance with state laws and require lawyers to help protect all parties’ contracts. , And hope to seek benefits for the next generation.


Ellen Trachman is Trachman Law Center Ltd, A Denver-based law firm specializing in assisted reproductive technology law and co-host of podcasts I want to have a baby in you.You can contact her in the following ways babies@abovethelaw.com.


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