What is ethical sperm donation?

Understanding the responsibilities behind creating life

In every aspect of family building and bringing a child into the world, it is important to act with care and integrity; no matter if this child is conceived at home, the old-fashioned way, with donor sperm from a sperm bank, or through a private donor.

At Y factor, we believe ethical donation isn’t about a single rulebook. It’s about clarity, care, and conscious decisions from all involved: donors, recipients, and the future children created through this process.

But what actually defines ethical sperm donation? The answer can vary depending on who you ask: a doctor, a lawyer, a politician, a priest, a donor-conceived adult, or a solo parent by choice. To bring structure to this question, we’re breaking down the key areas we believe are most important to consider.

Access to Fertility Options

Many people face significant barriers to fertility treatments and donor sperm, especially solo mothers and LGBTQ+ couples. It is especially tough for people living in countries with highly restrictive laws, where legal barriers make it impossible for some to start a family. Besides regulation, other barriers include long waitlists due to a lack of donor sperm, limited donor options, and prohibitive costs. In addition, social, psychological and physical traits of the aspiring mother, such as age and BMI, can also affect their right to access fertility treatment, claiming it would affect the welfare of the children born.

Ethical sperm donation promotes equality by making it possible for everyone to have children, regardless of their relationship status, sexuality, religion, income, or location. We support the campaign by the European Parliamentary Forum for Sexual and Reproductive Rights to make fertility treatments accessible and inclusive:

1. Recognise the right to try to have a child as a universal right.

2. Ensure equal access to safe and efficient fertility treatments.

3. Provide public funding for all lines of fertility treatments.

4. Engage the public sector in providing better information about fertility and infertility.

According to their research, 21/49 countries provide IVF/ICSI with sperm donation to female couples, 37/49 to single women, and 45/49 to heterosexual couples.

In other words, we still have a long way to go.

Legal Rights for Donors, Parents, and Children

The requirement for two legal parents represents another key ethical debate. Many jurisdictions still base legal parenthood on traditional family models, creating complications for solo mothers and LGBTQ+ couples pursuing private donation. Proponents of the two-parent requirement emphasise its role in ensuring financial security and social stability. Critics point out that forcing an unwanted or unnecessary second legal parent can lead to legal complications and emotional strain.

Ethical sperm donation means that parenthood should be based on intention and care, not rigid legal frameworks. Each family is unique. While legislation slowly evolves to reflect modern family structures, clear personal agreements and local legal guidance remain crucial.

Implications for private sperm donation vs. sperm bank donation

In many countries, private donors are legally considered parents by default unless formal agreements exist. This is in contrast to sperm bank donations, where legal frameworks typically ensure that donors are not held responsible for any legal or financial obligations. There’s a great need for modernisation of paternity laws, so that they better reflect the range of family structures and conception methods present in our societies. We see no reason why two consenting adults making a legal agreement on private donation through a lawyer should be treated differently than a couple or individual seeking sperm donation through a sperm bank. Policymakers could look to examples like British Columbia and California, where private donation contracts are legally equated with sperm bank donations, ensuring better legal protection for both donors and parents.

We encourage all people considering private donations to create written pre-donation agreements and seek legal advice to protect everyone's expectations. The Donor Conception Network recommends the following:

Private donation also opens up for more than one family constellation, where a donor can be involved for the donation only, or both parties wish a more involved relationship with the child.

Anonymity vs. ID-Release vs. Known Donors

Donor anonymity is a popular ethical topic of discussion when it comes to sperm donation. Around the world, countries take very different approaches to sperm donor identity, with some enforcing anonymity by law, others requiring all donors to be “ID-release”, and still others leaving it up to the donor and recipient to decide. But why is there so little agreement? The answer lies in a complex mix of legal, cultural, ethical, and historical factors. We have tried to go over the pros and cons of each model, to help create an understanding of why there is no global consensus on the “ethical practice” in this blog article.

So, is donor anonymity a problem for donor-conceived children?

When considering the desire to know one's genetic origins, two key aspects emerge. First, there's the medical perspective, such as understanding hereditary diseases in the family. This information can be obtained without knowing the donor's identity, provided the child knows they were donor-conceived. Second, and more significantly, there are psychological reasons. Studies show that donor-conceived children often want to know their biological heritage, as it can foster self-understanding. Yet, as Daniel Groll explains in "Who am I? Ethics in Sperm and Egg Donation", self-identity stems from many sources, culture, family structure, parental role models, friends, and work, not just genetic lineage. While some people deeply desire to know their genetic origins, others may not. When parents choose ID-release or known donors, they empower their future child with this choice.

What about for the donors?

Transparency helps everyone make informed choices. The ASRM Ethics Committee emphasises that donors should understand that anonymity can no longer be guaranteed, due to modern DNA testing being so widely available. This issue connects directly to how many biological offspring a donor might have. Through sperm banks, donors have limited control over this number, while private donation allows them to choose exactly how many families to help. It can be daunting to agree to non-anonymous donations when donors don't know how many children will be conceived from their sperm, especially if they might face contact from 50 or more children 18 to 20 years after donating. Non-anonymous donations expand possibilities beyond traditional family structures. Many people now seek co-parenting arrangements or known donors, allowing children to maintain contact with their biological origins.

We conclude that neither anonymous nor known donation is inherently superior; what matters most is transparency and choice throughout the process.

Number of Offspring

The number of children per donor remains a critical ethical concern. While there is no legal limit on private donations, sperm banks must follow strict local regulations on offspring numbers. These limits vary by country: I.e. 12 children per donor in Denmark, 10 in the UK, and 25 in the Netherlands. These national limits aren't based on population size or donation volumes. Since there's no international maximum for sperm bank donors, banks can continue exporting sperm abroad after reaching their national quota, leaving donors with limited control over their total offspring. This leaves it in the hands of each bank to decide what they ethically think should be the maximum, and some banks, like European Sperm Bank, have voluntarily capped their limit at 75 families.

Private donation offers more personal control, as donors decide exactly how many times they wish to donate. This places family planning decisions directly in the hands of donors and prospective parents. We encourage open discussions between parties about the desired number of families to support, and also the potential of reusing the donor for potential future siblings.

Two key perspectives shape this issue. First, we must address consanguinity (inbreeding risk) from a societal standpoint. While this risk is lower in large urban areas, it requires careful consideration in less populated regions. Being transparent with donor-conceived children about their origins, combined with accessible DNA testing, helps manage this risk effectively.

Second, we must consider the psychological impact of having numerous half-siblings. There's a significant difference between having 6, 15, or over 100 half-siblings, a distinction that sperm banks acknowledge by offering lower family limits at premium prices. While research remains limited, advocacy groups have identified potential psychological and social challenges related to having many unknown biological siblings or offspring (Etisk Råd).

Demand for sperm is on the rise

With declining fertility rates, rising infertility, and growing acceptance of diverse family structures beyond the heteronormative model, sperm demand continues to increase. We need to make it easier for people to help others. We believe this is best achieved through complete transparency and empowering donors and prospective parents with greater control over their choices.

Donor Compensation

Ethical donation doesn't mean an unpaid contribution. Though sperm sales are restricted in many countries, covering donors' time, travel, and medical expenses is widely accepted. In Europe, this covers anything from travel expenses (France) to around 80-100 euros per donation (Germany). With the limited compensation, it’s not really possible to use sperm donation to earn much additional income, which is the intention behind the limits each country has set. It is generally considered that altruistic motives are more ethical when it comes to sperm donation.

For private sperm donations, there are no regulations, and compensation is up to each party to define. Though it is generally considered to be unethical to pay for donations, we would like to understand the pros and cons of this view.

The key is ensuring fair and transparent compensation. But what is fair?

As we have previously examined, becoming a sperm donor is a life choice that helps many families to fulfil their dreams of becoming parents. Unlike becoming a blood donor, it is a choice that creates lives and has a big impact on one’s own life for many years to come. If choosing to donate through a sperm bank, donors sign up for weekly or bi-weekly donations with 2-3 recommended abstinence days before that. In addition, there will be an unknown about of biological children, ranging from a few to over 100 on an international scale, with anonymity being no longer a guarantee in many countries. When donating privately, donors have full control over their donation terms, how many families they want to support, and are free to set their desired compensation.

It is fair to say, it takes a lot to become a sperm donor.

Critics say that an increase in financial benefits can shift motivations. Donors may prioritise payment over honesty or long-term consideration. They might underreport family medical history or agree to terms they wouldn’t otherwise accept. On the other hand, higher pay can increase donor supply, and potentially be considered more in line with the impact a donation has both in the donor’s life and the families they support. Higher compensation comes potentially at the cost of ethical clarity, long-term donor satisfaction, or child well-being. Striking a balance is key.

Health and Safety

Health Transparency

Ethical sperm donation requires health transparency. While sperm banks conduct medical tests at the bank when the sperm is deposited, and can thereby guarantee the safety of the sperm, in private donations, there is no regulated process to follow.

That means requesting and verifying health documents is up to each participant. In the sperm banks the donor must report the medical history of parents and grandparents, which excludes men who are adopted or don’t know one side of their family’s history. Other cases where people have experienced mental health issues in the past or are diagnosed with ADHD would also disqualify a donor in the bank. These might however be acceptable to a private donation recipient, and we do not believe it is unethical to donate because of these factors, as long as donors and future parents are transparent about their prevalence or lack of information on this.

It is strongly recommended to ask for recent STI tests before participating in private donation. In addition the future parents can request a sperm quality analysis to be sure the sperm is of a quality to become pregnant (majority of men will have a good enough quality), and if the donor or future mother have known hereditary diseases, they should ask for a genetic carrier matching to make sure their genes are compatible, ensuring the best outcome for all parties involved in a donation.

Y factor has created a list of Safety Tips on sperm donation that we encourage users to review if they consider private donations. It is important to note that neither using sperm from a sperm bank nor a private donor protects users fully from people who misrepresent themselves, as much of the information provided is self-reported.

Ethical Donation Methods

Sperm donation can happen in different ways, and what makes each method ethical is not the method itself, but how it's agreed upon, communicated, and carried out. When choosing a sperm bank donation, most inseminations will happen at a clinic, or at home with a home insemination kit, if local regulations allow this. Private donations typically occur with three common approaches:

• Home insemination

• Insemination at a clinic

• Sexual intercourse (also referred to as natural insemination in private donation forums)

Clinic and home insemination can help to provide a clear sense of boundary and process. These reduce personal contact if preferred, and often feel more structured and deliberate and they can potentially minimise emotional entanglements if that's important to both parties. Clinic insemination may also be necessary if fertility treatment or medical support is required.

Intercourse, on the other hand, is sometimes treated as taboo in the context of a donation, but that doesn’t mean it’s inherently unethical. When both parties are fully informed, consent freely, undergo proper STI and fertility-related health testing, and communicate clearly about expectations and boundaries, intercourse can be just as ethical a method as any other.

The ethical foundation depends on:

• Mutual, explicit, and ongoing consent

• Transparency around intentions, motivations, and future involvement

• Verified health screenings and documentation

It’s important to emphasise that no one should ever feel pressured to choose intercourse as a donation method. Intercourse should never be requested or offered as a condition, it must be a mutual and equal choice. That said, the potential for power imbalance or emotional misunderstanding is higher, which is why clear boundaries and documentation are essential.

From a purely biological perspective, conception can occur with or without sex. The method is a matter of preference, comfort, and trust. All parties should feel free to choose the route that aligns best with their values, safety, and emotional well-being.

Ultimately, ethical donation isn’t about how the sperm is delivered. What matters is the way the method is used and whether everyone involved feels informed, safe, and respected.

Final Thoughts

Ethical sperm donation isn’t about choosing between a sperm bank and private donation, it’s about acting with integrity and transparency. At Y factor, we believe in putting people first. That means access, safety, honesty, and respect for donors, future parents, and future children.

Whether you want to donate anonymously, as a known donor or even co-parent, we need to create the circumstances where it becomes easier for people to have the children they would like to have.