Sperm donors lose their anonymity under French bioethics law

As part of a raft of legal changes that have come into force in France, donors of sperm, eggs and embryos will have their identities put on the record, and will no longer remain anonymous. The move is an important part of last year's bioethics legislation governing medically assisted parenthood programmes.

The identity of those who provide the biological ingredients necessary for life has until now been shrouded in anonymity in France. DIDIER PALLAGES / AFP

The controversial law, which opened the possibility of medically assisted parenthood to lesbian couples and single women, has been in force since 2021.

Until 1 September, the identity of those who provide the biological ingredients necessary for life has been shrouded in anonymity.

Now, children born as a result of medical procreation will have the right, if they wish, to know the identities of the donors who made their lives possible.

The information about donors – including details of their family and professional situation – will be recorded at the time of the donation, along with a description of their "general state" and physical characteristics.

Once the child reaches adulthood, he or she will have access to the information.

What the law does not require

The law cannot be back-dated, unless there is a specific request from a child and the donors agree.

The legal obligations concern only the identity of the donors, not of the child.

And under no circumstances can a child born from donated sperm or eggs be obliged to accept a meeting with the donor, though such meetings are not prohibited by the law.

Writing in French daily paper Le Monde, the anthropologist Jérôme Courduriès says that the obligation to identify donors is already enforced in Sweden, Australia, Finland and the UK.

Instead of the dramatic decline in donations which was predicted by critics of the identity regulations, those four countries have seen an upsurge in the number of donors. 

Courduriès says the fact they will no longer be anonymous may actually encourage donors.

The level of donations in France reached an all-time high last year, with 600 male donors (up from the peak of 404 in 2017), and 900 female donors (up from 2019's 836.)

No threat to status of parents

The law will have no impact on the legal status of the parents, and under no circumstances will the donors be able to claim parenthood.

In fact, Courduriès says, the debate is beside the point since research has shown that those who seek out donors are not looking for a parent figure.

The search is generally motivated by a desire to understand the motivation of the donor, and also by a curiosity about possible shared physical characteristics.

Courduriès ends his article by saying that, in introducing the reform, France has "finally given a proper legal status to the men and women who have helped parents bring a child into the world.

"Furthermore, the law allows those born as a result of a donation to wonder who helped to give them life. Now, once they reach adulthood, they will be able to get answers to that completely legitimate question."