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Wednesday, February 20, 2008
Maggie Gallagher :: Townhall.com Columnist
Children of Sperm Donors Have Rights, Too
by Maggie Gallagher
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In New Jersey, the state Senate has twice voted to give adopted children access to their original birth certificates, that is, to the names of their biological mothers. Birth mothers would have one year to notify the state that they wish to remain anonymous. Even so, such birth mothers would be compelled by government to provide social, cultural and health information, or else their identities would be released regardless of their consent.

Recently, one southern New Jersey newspaper weighed in forcefully in the bill's favor: "This is not too much to ask from a birth mother ... The adoptee's right to this information is as important as protecting the privacy of the birth mother," the editors of the Courier-Post opine.

But why pick exclusively on birth mothers? If children have a right to know their own biological parents -- a claim recognized in international human rights law and one to which I am deeply sympathetic -- there is no good reason to limit this claim to the small number of women who accept the agonizing burden of giving life to children they cannot raise.

Far more children these days are deprived of knowledge of their origins by a totally difference process: artificial insemination. How can we possibly countenance placing burdens exclusively on women who give life and excuse totally the men whose sole contribution to their child was to "donate" into a little cup, usually for money?

And our laws are almost totally to blame for keeping children created by reproductive technologies in the dark about their origins. The common law remains the rule for children created by sexual acts: I cannot bargain away at the bar my child's right to the support and care of both his mother and father. The child retains the right to the support of both parents, no matter to what those parents have agreed. But if I go to a doctor or clinic for sperm, adult bargains are suddenly allowed by law to trump the child's natural right to know both his biological parents, wherever possible.

A whole lot of other rights and concerns get trumped as well. As the New York Post reported this week, "Conditions at New York City sperm banks are inconceivably bad -- with some offices not testing samples for some diseases, and others using sperm from donors who engaged in high-risk sexual behavior."

Idant Laboratories, reports the Post, fails to test sperm donors for some sexually transmitted and genetic diseases. One woman who used sperm from Idant Laboratories contacted the agency when she learned that her own son, and the child of another family that used the same donor, both suffered from autism. Continued...

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About The Author

Maggie Gallagher is a nationally syndicated columnist, a leading voice in the new marriage movement and co-author of The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially.

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I was unclear
These birth mothers have the babies before they are married. They typically hide it from their families and friends. Many go to safe houses like Ae Ran Wan where they live with other pregnant mothers.

Later they marry without their husbands knowing they had a child in the past. They go on to have children by their husbands who are half siblings to the adult adoptee returning to Korea. This is actually a common theme in Korean soap operas. A well to do married woman of status has her life pulled out from under her when the child she gave up for adoption returns 20 years later.

Abortion is illegal in Korea, but accessible. The birth mothers whose families know are under TREMENDOUS pressure to abort and those whose families don't can be very tempted.

Discrimination to those having children outside of marriage is terrible, so 85% choose to place the babies for adoption and never tell another soul. For the 15% who keep their babies, the children are at the bottom social rung. It's terribly cruel and unfair.

homeschoolmom
Interesting information on Korean adoptions. Hide the pregnancy from their husband to hide the adultery and then place for adoption. Hard to imagine a woman could hide their pregnacy though but it does happen.

I know of one situation here where the mom was raped and hid the pregnacy from her husband and placed for adoption. The court had to terminate his rights, rapists rights and her rights. Hiding it did her no good as the courts have to contact him to get him to sign off. Craziness put in the end it does protect adoptive parent's rights.

I gotta go for the day.

Thanks for sharing. Nice change from all the mudslinging that usually takes place on many of the threads here.
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