Is Sperm Like Any Other Commodity?
After reading about sperm banks and how they function, I just had a flash thought; "Could perm be a commodity?" As humans, our sperm and eggs give us one of the greatest responsibilities on the planet: the potential to generate new life, to put forth onto the Earth another living, breathing, thinking, feeling being. Or, they can be sold for money.
The business of science-aided conception leads to some intriguing legal issues. I remember watching news reports on lost embryos, secret sperm switcheroos, and at least one case of a man claiming the regrettable placement of a security camera in his sperm donation room. LOL
But nothing shows the current position of sperm as a tradable commodity like a judge's decision earlier this month that a girl could sue the sperm bank that helped create her under product liability laws.
Genetic tests had shown that 13-year-old Brittany Donovan had inherited fragile X syndrome from her biological father (or at least, from her biological father's sperm). Fragile X is a genetic disorder that causes mental impairment, from learning disabilities to retardation.
The girl's lawyer explained to the press that, under New York law, he doesn't have to prove that the sperm bank was negligent, just that the "product" was harmful. Just like faulty brakes or a malfunctioning power tool.
Even with maximal care while screening sperm donors, there's always a chance that the one lucky sperm that won the race to the egg acquired some random mutation when it was produced back in the testes. A mom and dad with perfectly healthy X chromosomes can make a baby with fragile X the old-fashioned way, so is there any reason to expect sperm donation to be different?
I turn it over to you my fellow steemers. The laws that exempt blood transfusions and other tissues from product liability laws vary from country to country. Should laws protect sperm banks and egg donation clinics from product liability? Or is there something inherently wrong with expecting Mother Nature to perform with the perfection of a machine?
Here we go again - The 'Sue everyone" machine is up and running - unbelievable - how does this work with transplanets, IVF, surrogacy etc etc - what about nornal man and wife that produce children and ones"faulty" do you sue the other partner for having wonky sperm or eggs??? a world gone mad