A Donor-Conceived Person Protection Act is Being Proposed in New York

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A Donor-Conceived Person Protection Act is Being Proposed in New York

The “Donor-Conceived Person Protection Act” proposed by New York State Senator Patrick Gallivan in December 2021 would require reproductive tissue banks to collect and verify information about their donors. This information would include educational and medical history, along with criminal background check. Right now, anyone can donate and not provide that type of information, or say whatever they want because the tissue banks aren’t checking on the information. If the Act passes, all of that will change.

The goal of the Act is the protection of individuals and couples who receive donated eggs, sperm, and other types of genetic material. It would allow them to know the history of the donor, as well as their genetic makeup. That can help provide knowledge that can lead to better decisions regarding reproductive assistance. In short, most people want to know if their sperm or egg donor has genetic medical issues, their education level and/or any felony convictions. These are areas many couples and individuals would find important.

Specifically, the form that has to be filled out if the Act passes requires information from every donor on their medical history and their family’s medical history, all the medical providers they’ve seen in the last five years, the names of any postsecondary schools attended, and any felony convictions they have. Written consent would also be required for the tissue bank to contact any of those medical professionals or other organizations, and ask for records and details.

The information collected and verified by the tissue bank would be given to the couple receiving the donation, and would also be given to any children created from the donation, once they reach 18 years of age or earlier with the permission of the parents. Personally identifying information would be redacted, meaning there would still be a level of anonymity to the donation process. However, the internet makes it easy to use some details to find a person, which is one of the arguments being made against the Act.

To learn how working with The Surrogacy Law Center can help protect your legal rights throughout your journey, contact us today!