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The egg donor or sperm donor plays a very important role in the reproductive medicine practice. The donor is both a patient and not a patient. He or she is a patient in that he/she must be taken care of both physically and psychologically. He or she is not a patient, in that the donor is not presenting for his/her own treatment. When the gamete donor enters the consultation room, the fertility counselor will be challenged in his/her many different roles and responsibilities which we will identify and discuss in the chapter. In addition, we will highlight key issues in how to prepare for and conduct the clinical interview, the usefulness of, and decision making, regarding psychological testing, how to ensure informed consent can be given, discuss the short- and long-term implications of gamete donation and zoom in on the experience of the gamete donor.
This chapter discusses the legal issues and the efforts that legislatures, courts, professional guidelines, programs, and patients have made to resolve them, in the hope of giving professionals some guidance in these evolving areas. Preserving male fertility through sperm collection and freezing is the most commonly recognized, and likely most frequently performed, of all fertility preservation measures. Donor gametes have also been involved with legal claims regarding embryo donation, discard, or custody of resulting children. Use of donor insemination to create a family raises additional legal issues for infertile men, their spouses or partners, and the sperm donors involved. Donor screening is required under a variety of state and federal laws, as well as professional guidelines. Posthumous reproduction raises additional legal complexities, including determination of the legal status of any resulting child under applicable law, which varies from jurisdiction to jurisdiction, within the United States as well as internationally.
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