Artificial Insemination Regulations

The idea of artificial insemination, which allows woman to become pregnant with the aid of a sperm donor, has been around since 1790, although the first reported case of a successful insemination didn't occur until 1953. Since then, countries have either granted women the right to be artificially inseminated, or have prohibited it altogether. Today, sperm banks are commonplace, allowing women who wish to become pregnant by insemination an opportunity to do so.

The Law

• Every state has their own set of rules and regulations in regards to artificial insemination. In Alabama, for example, no laws are in place in regards to an unmarried woman being artificially inseminated with the help of a donor. However, if the woman is married, her husband must first give consent before a physician supervised artificial insemination can take place. Under Alabama Code Section 26-17-21, once the husband gives his consent he will be legally recognized as the child's father once the wife gives birth. In California, a sperm donor may be required to testify in a court case if, after a couple receives his sperm, their child ends up with any form of disease. Under these circumstances, a sperm donor's identity in California cannot be kept private, at least in regards to those involved in the court case.

Prohibited

• Some countries ban artificial insemination altogether, regardless if their citizens approve of the procedure or not. In Turkey, for example, the Ministry of Health has officially banned artificial insemination and requires all clinics to advertise that they do not offer the procedure. In March of 2010, the Ministry of Health also made it illegal for any woman to travel outside of the country in order to be artificially inseminated. Those who violate this law will be incarcerated for a maximum of three years upon their first offense. Any clinic that suggests a woman go overseas in order to be artificially inseminated will face criminal charges and be shut down for a maximum of three months upon their first offense. Irfan Sencan, who spoke on behalf of the Turkish Ministry of Health, said the law was designed to ensure that every child has the ability to know who their ancestors are.

Prison

• Those who are sent to prison lose a majority of their rights, however the right to artificially inseminate their spouse may not be one. In The United Kingdom, a man serving a life sentence for murder was granted the right to artificially inseminate his wife by the Grand Chamber, despite being denied the right in previous court hearings. Members of the Home Affairs Select Committee opposed the ruling, stating that it does not keep the best interest of the child in mind, but rather focuses only on the best interests of the inmate. However, those in support stated that the right to artificially inseminate is a basic human right that cannot be taken away, regardless if the potential parent is in prison or not.