Artificial Insemination Laws
Artificial insemination is an conception method through which women become pregnant under certain circumstances, including infertility in either or both the male and female partners wishing to conceive. The two most common means for insemination include the injection of the husband's sperm or the injection of a donor's sperm into the wife's reproductive tract. As can be expected with such a delicate issue, many legal ramifications currently exist; however, many states currently contain specific legislation for handling the insemination process, for handling donor privacy issues and for handling insurance issues surrounding the process.
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Common Issues
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Because there is no federal legislation regulating artificial insemination issues, many legal issues surrounding the process have developed around the country. For example, many legal cases include issues with male donor rights after birth including male donor privacy rights. Surrogate mothers are also topics of legal debate, because there have been cases of surrogate mothers trying to keep the babies after birth. Along with legal issues, religious debates also have developed over use of artificial insemination.
Rights of the Husband
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Some states, such as Alabama and Oregon, have specific statutes protecting the rights of the husband in artificial insemination cases. According to Alabama law, the husband of the woman receiving insemination is considered the father of the producing child without question. Additionally, states such as Alabama and Oregon require written permission and consent of the husband to be obtained from the physician in charge before any procedures can take place.
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Donor Privacy
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Though sperm donors have the right in most states to donate anonymously, certain laws in states such as California now only are partially covering the donor's privacy due to possible genetic diseases being passed. For example, a couple in California sued the sperm bank for failing to disclose pertinent health information under which alternative circumstances would have prevented their child from contracting kidney disease. The sperm donor in this case was forced to testify regardless of his anonymous donation. As a result of the possibility of genetic diseases, such as heart disease, being passed to children, certain states such as Virginia are considering legislation to remove anonymity from donors.
Health Insurance Requirements
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Certain state laws include conditions under which health insurance is able to cover artificial-insemination procedures. Specifically, under Arkansas law, the woman's eggs must be fertilized only with her spouse's sperm. The wife and husband undergoing the fertilization process must be able to prove at least two years of infertility or be associated with certain conditions such as endometriosis or diethylstilbestrol exposure to potential fetuses. Additionally, the couple must have tried to undergo less expensive procedures covered under their policy.
Provider Exemptions
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Some states, on the other hand, provide exemptions to health care providers and employers. For examples, California law specifically states that health insurance providers are by no means required to provide coverage for infertility treatments; however, the law does state that certain insurers must let patients know that the option is always available, even though employers are still not required to include the offer in their insurance plans if they so choose. The law also provides that certain religious organizations are exempt from providing coverage to their employees if it goes against their religious beliefs.
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References
- Photo Credit Image by Flickr.com, courtesy of D. Sharon Pruitt
