Is
it justifiable to withhold the identity of a biological parent? Or do the
people involved - including the child one day - have the right to know?
A
recent news feature on TimesLive reports that a Durban-based judge has just
granted the ex-boyfriend of a woman who asked him to impregnate her
co-parenting rights.
While
that in itself isn't unusual, the difference here is that the woman alleges
that she wanted a sperm donor and asked her then ex-boyfriend to help her with
the caveat that he would have no responsibility toward the child and wouldn't
have to pay financial support.
The
judge however, rejected her claims and has stated that custody of the child
would be shared, with every alternate weekend spent with the father.
The
change also came about because the father had apparently changed his mind and
realised that it was an opportunity for him to become a dad and started
attending ante-natal classes with his ex.
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Woman falls in love with sperm donor 12 years after having baby
Woman falls in love with sperm donor 12 years after having baby
When
their relationship became acrimonious, the man eventually went to court to ask
for an order declaring him a holder of full parental rights, a defined contact
order, and that the woman pay his legal costs. The judge granted his requests,
but made no order as to costs - based on the fact that the the child's needs were paramount in the case.
But,
what happens in the case where the sperm donor is not known?
A
discussion paper, which was released by the South African Law Reform Commission
a while back, is questioning whether the anonymity of sperm donors should
continue to be protected.
Their
paper has us asking: Should children who were born from donated sperm have the
right to know who their biological parents are?
While
this question may at first appear polarising, interrogating it tends to lead us
down a very complex and unclear path.
Upon
interrogating this question however, one wonders whether the counter argument
is strong enough of a push back.
According
to Sowetan Live, those opposed to giving children born under these
circumstances the right to know who their biological parents are, are saying
that making this information available could deter would-be sperm donors.
Don’t
get me wrong, I think that that may very well be the case, however, is it
enough to counter the alternative: What if withholding the true biological
information of a person materially impacts his or her wellbeing?
Suppose
the child from an anonymous sperm donor would have had access to information
that could help prevent a hereditary disease; would that justification not
outweigh the counter argument posited earlier?
'
The
South African Law Reform Commission is concerned that those who do not know
their biological origin will develop ‘genealogical bewilderment’ due to not
knowing the biological origin. They are of the opinion that it may bear
psychological implications.
702’s
Xolani Gwala suggests that perhaps to solution to this lies in taking it on a
case by case basis. From that we can deduce that the people involved in each
case should be able to determine what information is made available and what is
withheld.
This
appears to be a sensible solution. However, is it enough to counter possible
implications on the health and wellbeing of someone who was conceived this way
and who has had this information withheld from them?
That
said, and without offering a clear cut answer to this question, for now at
least, I’d like to suggest that we regard the individuals that stand to be
impacted upon the most in this instance. I’m referring to the child, and
ultimately the adult, who did not ask to be conceived in this way.
Aside
from the potential physical and psychological implications that withholding
this information may have, is it right and just to deny someone the right to
choose whether to know or not to know?
Why
then should his or her freedom of choice subsequently be denied?
Is
it justifiable to withhold information from that child, and later that adult,
for the benefit of others?
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