Partner consent for sperm donation

Abstract

The current practice of demanding the consent of the spouse for sperm donation is analysed. Three aspects of marriage may be involved: (i) sexual exclusivity and adultery, (ii) family composition and (iii) procreational exclusivity. The different justifications for giving the partner the right to participate in the decision-making process are critically scrutinized. The perspective taken in this article is that the transfer of gametes must be understood and situated within the moral framework of the relationship between donor and partner. Depending on the kind of relationship the donor has with his partner, he may be morally obliged to consult his procreational partner. In a close relationship, all decisions concerning the use of one's reproductive faculties should be joint decisions. However, it is not the task of the clinic or the physician to see that donors honour their agreements and commitments. The clinic should not seek the partner's consent, although in the counselling sessions it should be pointed out to the donor that he may have a responsibility to inform his partner and to confer with her on his donation.