Abolishing anonymity of sperm, egg, and embryo donor, and the right to know the biological parents of a child conceived through assisted reproductive technology - an approach for VIETNAM

Abstract

Based on Article 8 of the 1989 Convention on the Rights of the Child, States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name, and family relations as recognized by law without unlawful interference. This serves as a basis for the right to be informed and find out the origins of each individual. However, in the context of modern society, the right to determine the origin of children born through artificial insemination is negatively affected because of the donor anonymity regime. Shall a child born by applying artificial reproductive technology know the identity of the sperm, embryo, and ovule donor? To address this question, we propose the research topic: “Research on the trend of Abolishing Anonymity of Sperm, Egg, and Embryo Donor and the Right to Know the Origins of Children Conceived through Assisted Reproductive Technology Abroad - Lessons for Vietnam.” We aim to gain a deeper understanding of the right to determine one's origins, thereby exploring the rights of children born through scientific assistance. To answer the research question, we have examined various aspects using methodologies derived from laws implemented in countries such as the United States, the United Kingdom, France, etc. Additionally, we have analyzed the harms, benefits and proposed appropriate solutions to protect the rights of children and related individuals. The issue of determining the origin of children conceived through assisted reproductive methods has been approached from multiple perspectives, including ethics and legal considerations, making it important to eliminate the rule of donor anonymity. Through this process, we can conclude that the legislation passed in the UK, France, the EU, and the ongoing discussions in the United States all aim to remove barriers preventing children from knowing the identity of their donors. Resolving this issue will unquestionably bring more benefits than drawbacks and serve as a key to continue safeguarding the rights of children. Furthermore, the attention and changes in different countries during the legislative process provide motivation for the legislature in Vietnam to receive new information sources and enact positive changes. We also hope that unified international conventions reflecting the shared determination of countries worldwide concerning children born through assisted reproductive technology to know about their biological lineage will be established in the future