Sperm bank threatens to sue DNA tester

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donheff

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This is an interesting story. A woman who's five year old daughter was conceived with a sperm donation, ran a 23 and Me test and found the father. The sperm bank raised holy hell threatened to sue the mother. It's pretty obvious that such outfits can't enforce bans on seeking parental information on the children once they grow up. A little more murky with respect to the parents.

It seems to me that sperm donors who don't want their offspring to find them have a roll here. Don't take consumer DNA tests without restricting use of your data. Duh!
 
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It seems to me that sperm donors who don't want their offspring to find them have a roll here. Don't take consumer DNA tests without restricting use of your data. Duh!


The donor can't avoid it. The DNA test in question located a relative of the donor, not the donor himself. So many people have submitted DNA samples that are now in databases for sale to the highest bidder that a random sample can get close to you, and the noose only gets tighter as more people freely give up their DNA information.


Genetic Databases Could Identify Millions of Americans | Time
"If investigators were presented with a random DNA sample from an American of European ancestry, they could in roughly 60% of cases use consumer genetic databases to find a third cousin or closer blood relative match."
 
Interesting. I'm one the 23 & me site, I found 3 close relatives that sperm donor children looking for their fathers. (it's be one of my uncles or cousins that donated)
 
More quotes:
"Narrowing the list of individuals to those within a 100-mile radius would exclude 57% of the possibilities, the study says. Estimating the target’s age, plus or minus five years, would cross off 91% of the remaining pool. And inferring the person’s biological sex would leave only 16 or 17 individuals, the authors estimate — a short enough list, theoretically, to investigate them individually."
100 mile radius: its a local clinic...
Age: a little tougher, but some initial guesses can be made
Estimate biological sex: Duh... sperm donor.
 
Another example, IMO about technology outpacing laws.
 
Next thing you know the mom will be suing the donor for child support. Lol!
 
Another example, IMO about technology outpacing laws.


Coming from a more Libertarian perspective, its more about technology out pacing peoples intelligence/critical thinking abilities to anticipate the downsides of finding out if they might be 1/1024th Irish (or whatever). If common sense were more common there wouldn't need to be a law for everything.
 
Coming from a more Libertarian perspective, its more about technology out pacing peoples intelligence/critical thinking abilities to anticipate the downsides of finding out if they might be 1/1024th Irish (or whatever). If common sense were more common there wouldn't need to be a law for everything.

+1.

What is this common sense thing you talk about? :LOL:
 
The donor can't avoid it. The DNA test in question located a relative of the donor, not the donor himself. So many people have submitted DNA samples that are now in databases for sale to the highest bidder that a random sample can get close to you, and the noose only gets tighter as more people freely give up their DNA information.


Genetic Databases Could Identify Millions of Americans | Time
"If investigators were presented with a random DNA sample from an American of European ancestry, they could in roughly 60% of cases use consumer genetic databases to find a third cousin or closer blood relative match."

Right. The DNA test identified the child's biological grandmother (the mother of the sperm donor), not the donor directly. The donor expected his anonymity to be protected at the time he donated.

The mother of the child is quoted as saying she thought it would be a "cool" thing to do, to give her child the "gift" of a 23andMe test.

Not such a cool gift when it comes to the privacy of the donor.
 
Right. The DNA test identified the child's biological grandmother (the mother of the sperm donor), not the donor directly. The donor expected his anonymity to be protected at the time he donated.

The mother of the child is quoted as saying she thought it would be a "cool" thing to do, to give her child the "gift" of a 23andMe test.

Not such a cool gift when it comes to the privacy of the donor.

In the world of dna there is no donor privacy. Anyone who thinks otherwise is foolish. 20 years ago, I can understand, but today any donor needs to understand they will be identified at some point and be ok with that. They should be counseled as such, but as of 4 years ago weren’t.
 
All those anonymous things are (IMHO) stupid and deprive "children" of their biological information.

Most are there due to some shame/secret/comfortableness about sex anyhow, and are not in the offspring best health interest.

Example adopted children - historically it's common that these "children" are not allowed to know the biological parents, so best they can hope for is 20-40 years ago, so rushed social worker asked "any history of heart disease in the family ? "
Not that the biological mother or father (if around) really cares or provides a good answer.
Plus the social worker never asks about the few thousand other genetic disorders possible, that may only show up when the birth mother is 50 or 60 yrs old !

If people are worried about child support or ownership of the child, just fix the law to cover that.
Example: (non-lawyer here).
- You give up your kid for adoption, you give up all rights to that kid.
- You take a sperm donation, you and child give up all rights for any support or interaction with the donor.
 
Next thing you know the mom will be suing the donor for child support. Lol!

Thats the only motivation this women had. She thought she was going to cash in.

Lesson: Don't donate sperm because you may be paying child support eventually.
 
TW, glad you are staying single because I don’t think you like women. I doubt she wants child support.
 
Why would she use sperm from an anonymous donor, then seek out information on the donor, then report she is "devastated" at being unsuccessful?

She knew it was anonymous from the start.

Her devastation stems from not getting what she wanted.

And my 2 daughters, current GF, and the women who I have promoted in my career would disagree with your theory. So would the female coaches I hired to coach boys athletics, as well as the girls ( ok, they were age 8-13 so maybe not credible) that I coached in basketball.

Not everyone has good intentions, many just pursue the almighty dollar.
 
I don't think there is sufficient information in the article to draw any firm conclusions one way or the other about her motivations, so why don't we just move on from speculating about that?
 
Example adopted children - historically it's common that these "children" are not allowed to know the biological parents, so best they can hope for is 20-40 years ago, so rushed social worker asked "any history of heart disease in the family ? "
Not that the biological mother or father (if around) really cares or provides a good answer.
Plus the social worker never asks about the few thousand other genetic disorders possible, that may only show up when the birth mother is 50 or 60 yrs old !

If people are worried about child support or ownership of the child, just fix the law to cover that.
Example: (non-lawyer here).
- You give up your kid for adoption, you give up all rights to that kid.
- You take a sperm donation, you and child give up all rights for any support or interaction with the donor.


But am I right that you would be opposed to this stipulation?:
" - I am the biological mother of this child, I am giving up all parental rights, and specifically request that this adoption remain "closed" and my identity not be made known to this child or anyone not identified below: "


There are many reasons a woman might want to do this, and I think it fair to respect her wishes. She can provide medical info if she wants, and we are nearly at the point when the offspring can get better info through genetic testing than would be available through the mom's medical history anyway.
 
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not directly related to this post but it does deal with the DNA issue. Military members were required to give a DNA sample. We were told #1, it was mandatory and #2, it was only to be used to identify us in case of battlefield death. OK, I'm retired from active duty now. Can I have my DNA back federal government? Nope. We have it now. Hahaha . Too bad, so sad.
 
Interesting that people will go through all sorts of actions to keep their personal data private but will then give away 100,000 years of their most personal history for free.

Our paranoid neighbor even had Google block out the image of his house on StreetView but then bragged how he has sent his DNA to several different outfits.
 
Interesting that people will go through all sorts of actions to keep their personal data private but will then give away 100,000 years of their most personal history for free.

Regardless of one's personal feelings about the bounds of privacy, I have seen many folks rail against government and admit that they ask Alexa to turn the lights out.
 
But am I right that you would be opposed to this stipulation?:
" - I am the biological mother of this child, I am giving up all parental rights, and specifically request that this adoption remain "closed" and my identity not be made known to this child or anyone not identified below: "


There are many reasons a woman might want to do this, and I think it fair to respect her wishes. She can provide medical info if she wants, and we are nearly at the point when the offspring can get better info through genetic testing than would be available through the mom's medical history anyway.

IF DNA testing could tell us all the medical possibilities of disease, then I'd be totally in agreement with closed adoptions.
Until then, there should be no such thing.

Lots of biological mothers and fathers are not the loving parent people imagine, so they don't won't even bother to give much medical information and certainly NEVER would followup a decade or two later when they develop a hereditary disease to say "oh you should inform my bio-child".

After all the bio-child has rights to their full ancestral medical history, but are denied it, even though it will impact them as much as anyone else in the world.
 
But am I right that you would be opposed to this stipulation?:
" - I am the biological mother of this child, I am giving up all parental rights, and specifically request that this adoption remain "closed" and my identity not be made known to this child or anyone not identified below: "


There are many reasons a woman might want to do this, and I think it fair to respect her wishes. She can provide medical info if she wants, and we are nearly at the point when the offspring can get better info through genetic testing than would be available through the mom's medical history anyway.

Not the person you directed this to, but I would certainly object to that as an adoptee (I am also, btw, an adoptive parent). I never consented to never knowing who my original identity. I believe that basic identity information is something that I (and others) are entitled to know. That said, I do not have a right to continued contact with my biological parents. But, I believe that I am entitled to know my own identity. Medical information is, of course, helpful to have. But that doesn't exhaust the need that I had to find out where I came from and who were the ancestors who came before me. As a child I felt like I had simply been plopped down on earth like an alien. I didn't mind being adopted. I minded not knowing where I came from, including the basic information about my identity.

As an adult I searched and found my birthmother (using traditional means long before DNA testing was available -- I later used DNA testing to find my deceased birthfather). I was fully prepared to have one call with her, hoping she would answer a few questions. Had she chosen to have no contact with me, I would have honored that without question. (Interestingly, recently one of my half-brothers said that had she decided to do that that he would have wanted me to contact him and his siblings -- he feels that they had a right to know that they had me as a half-sibling). As it turned out, she elected to have contact.

As far as the donor sperm situation. Anyone who has donated sperm within the last several years should realize that they will be identified through DNA eventually.

The reality of it is that technology is such that people will not be able to hide who the biological parents of children are. Whether those are children who were adopted or conceived through donor sperm or just your garden variety NPE -- that secrecy and ability to hide the truth is gone.
 
I'm surprised at the hostility to the mother in this case. There is nothing in the article that would indicate that she was intentionally trying to violate donor privacy or to seek child support (not going to bother researching, but I assume such a claim would be laughed out of any state in the land). The mother gave DNA tests to several relatives and was surprised and curious when relative info popped up on the test for her daughter. No big deal.

The main takeaway is that in the age of DNA tests information about your relatives is available if you or a close relative get in the public systems. Government data bases are available to law enforcement but not the general public. Other stories have told about serial killers busted in a similar manner and philanderers getting a surprise call from kids they never knew about. The primary risk to privacy is from your relatives participating since you can simply opt out yourself. I don't know that there is much that reasonably could be done to eliminate the close relative privacy issues of these public systems or whether anything should be done?
 
Not the person you directed this to, but I would certainly object to that as an adoptee (I am also, btw, an adoptive parent). I never consented to never knowing who my original identity. I believe that basic identity information is something that I (and others) are entitled to know.

After all the bio-child has rights to their full ancestral medical history, but are denied it, even though it will impact them as much as anyone else in the world.
Let's follow where this leads for a bit. If we say a child has a "right" to know the identity of his/her biological mother (for medical/health reasons), then surely the child's "right" to know the identity of his/her biological father is just as absolute. Why "discriminate" against the mother, giving her a burden that the biological father doesn't have? Can/should we also make disclosure of the father's identity by the mother mandatory? And what is the legal recourse if she demands to keep her own identity and that of the father from disclosure?

There are no absolute rights, every right is a tradeoff with respect to the rights of others. I can understand that some people may believe that the rights of a child to know their medical history are more important than the biological mother's (and father's) right to privacy--on the face of it, that makes sense. But, in this area, the courts have told us already that the mom has very strong privacy rights.

But, I believe that I am entitled to know my own identity. Medical information is, of course, helpful to have. But that doesn't exhaust the need that I had to find out where I came from and who were the ancestors who came before me. As a child I felt like I had simply been plopped down on earth like an alien. I didn't mind being adopted. I minded not knowing where I came from, including the basic information about my identity.
This is a very personal issue, and I have no standing to dispute your feelings on this. But here are my personal feelings: Like you, I was also the adoptee in a closed adoption. I never had these feelings of lack of identity. It remains a mystery to me why people give a hoot about their biological ancestors as a means to establish who they are. Who I am today is >far< more the product of the love, care, and hard work of the couple who raised me than of the two folks who provided my genetic material. I know who I am, I am not dependent on knowing anything about my biological lineage to help me with that.

About 6 decades ago, a young lady was in a tough spot with an unwanted pregnancy and few options. She saw that through and made the decision to give her child up to another couple to raise. I know my parents, despite all the headaches I caused them, were grateful for their whole lives that she made that choice, and I was, too. She chose to keep her identity private and I respected that choice. Yes, I would have liked more medical history, but I don't think it is my right. That young lady already gave up quite a bit of her privacy and her life. She owes me, and society, nothing.

I would think most women today would agree to release their name to their biological child, open adoptions are the norm now. But if a woman doesn't want that, I hope we'll respect her wishes and provide no disincentives for what is already a tough and selfless choice.

Just another opinion . . .
 
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Lots of biological mothers and fathers are not the loving parent people imagine, so they don't won't even bother to give much medical information and certainly NEVER would followup a decade or two later when they develop a hereditary disease to say "oh you should inform my bio-child".

IMHO, adoptive parents are one of the most forgotten and take-for-granted groups in our society.

Like my old grand pappy used to say, "Any guy can be a father, but it takes someone special to be a daddy."
 
IMHO, adoptive parents are one of the most forgotten and take-for-granted groups in our society.

Like my old grand pappy used to say, "Any guy can be a father, but it takes someone special to be a daddy."

I agree. I know someone who is adopted and she talks about her "father" and her "dad" -- and they are two different people.
 
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