The Lineage of Children Born by Sperm Donation: A Shiite Perspective

Despite the meager role of the masculine agent in infertility (the low number of infertile men than women infertile), there are men whose wives are unable to become pregnant due to the absence of sperm, decreased numbers of sperm or lack of sufficient motile sperm. Utilizing donated sperm is a method that enables these families to have children. The use of this method prompts us to ask different questions, among which is the quality of the child’s relation to the sperm donor, the sterile man and his wife. In this research we intend to study the issue of lineage of those who use heterogeneous insemination. This analytical-descriptive research gathered relevant data in a Literature search. After a description of the fundamentals and definitions, juridical texts were subsequently analyzed and one of the viewpoints regarding lineage related to infertility treatment by donated sperm was selected. There are three persons that have a possible legal relationship to the child born from this method - the sperm donor (biological father), the wife’s husband (social father) and the wife (mother). In treating infertility with donated sperm, there is neither a third party to make the possibility of attribution of the child nor is there a doubt that the child is the result of insemination of the woman’s egg with the donated sperm rather than the husband’s sperm as he has a lack of sperm. The child born by heterogeneous insemination only has a relation with the sperm donor and the woman contributing her egg. This child is eligible for all parental rights and obligations. These children are not related to the sterile man.