The rights of donor inseminated children to know their genetic origins in Australia.

Abstract

Twenty years after it was recognised that adopted children have rights to understand their origins, the dawn has finally broken with respect to children conceived as a result of the Assisted Reproductive Technologies (ART), specifically donor insemination (DI). Recipients and practitioners of conception technologies focus their energies and ethical deliberation on the achievement of pregnancy and the successful birth of the child. Law, in contrast, must focus beyond birth to enshrine respect for the rights of the child, who is 'not legally capable of defending [his or her] own future interests.' This article undertakes an assessment of what is in the best interests of a child using empirical studies to ground a position that should be adopted by law in Australia. This article also critically evaluates the current legal position of the various States and Territories with regards to a DI conceived child's rights to know of their form of conception; access to identifying information of their donor; at what age they may access information; the position of DI children born before existing legislation; record-keeping; and finally whether international law grants such children rights. Australian children must enjoy the right in theory and practice to know they were donor conceived and the identity of their donor. It is disappointing that New South Wales, as the most recent State to propose legislation on ART, has not utilised international empirical research on the best interests of DI children or even followed the Infertility Treatment Act 1995 (Vic) which seems to be far more progressive in recognising how best to protect the rights of DI children. The current legal position is chaotic. States and Territories should confer power on the Federal Government to legislate uniform and explicit regulation of ART for the benefit of DI children.