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14 As this analysis of the layers of family law makes clear, definitions of the family, and regulations structuring the family, appear in numerous places throughout the law and can deeply affect who is considered to be family. They are also historically contingent. In the mid-twentieth century, women who used donor sperm might be accused of adultery, of having sex with a nonfamily member, even when a doctor performed the insemination. The resulting children might then be deemed illegitimate.

Even though the genetic parents may have been married to one another, gametes from the dead spouse may be treated in the same way as those of an anonymous 36 << The Meaning of Family in a Changing World donor, so the biological child is not the husband/donor’s legal child. , the biological child of Don Schafer, Jr. Don and Janice were married in June 1992. Four months later, Don learned that he had cancer and that his cancer treatments might leave him sterile. He deposited sperm samples in a long-term storage facility in December 1992, and died in early 1993.

Rachel Campbell is one of them, and she believes that accidental lies by omission are more frequent than outright deception. “It’s very, very uncommon that there’s nothing in someone’s family history—it definitely does tip us off, it makes us press forward. My take is that the donor doesn’t know or hasn’t asked those questions,” Campbell says. 87 It does not, however, address any other potential type of testing that might be done, such as testing for risk of transmission of genetic diseases; the focus is on the patient who is receiving the donated products, not on the child Peopling the Donor World >> 27 who may ultimately be born.

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