What Is Washington State’s Open Identity Donation Law?
Colorado recently passed a law allowing donor-conceived individuals to learn their donor’s full name when they turn 18. In 2011, Washington state was the first state to pass legislation providing access to identifying donor information. There are a few key differences between the Washington and Colorado laws. Here is a refresher on the current Washington state open identity donation laws.
Washington State Open Identity Donation Laws
Washington law guarantees donor-conceived children access to their donor’s full names and medical history once they turn 18 - unless the donor formally chooses not to be identified. The donor can opt out from having their name released, although any donor-conceived children can still request and get access to their donor’s non-identifying medical information. The law also requires egg donation agencies and sperm and egg banks to keep their donors’ medical histories permanently on file.
In contrast, the new Colorado law does not allow donors to opt out of having their identity disclosed to children conceived with their donated egg or sperm.
What Does the Washington Law Mean for Donors?
If you donate eggs or sperm in Washington state, you should be informed of your options regarding your identifying information. If you do not wish to have your identity disclosed to any children conceived from your donation, you must specifically opt out of disclosure with your donation agency or bank. If you do not opt out, any future children will have access to your full name and medical records after turning 18, if they request it. If you do opt out and later change your mind, you can contact the bank or agency to update your agreement to allow disclosure.
Importantly, keep in mind that the law only provides your information to an individual conceived through your donation, and only if they request it. It does not allow the intended parents or any other parties to access your information. Nor does it automatically release your information to any donor-conceived individuals; they have to request it from the clinic, bank or agency.
What Does the Washington Law Mean for Intended Parents?
The law does not directly affect intended parents, as it only provides identifying information to the donor-conceived children themselves. However, it’s worth considering the possibilities of disclosure, as it can emotionally impact intended parents. If knowing your donor’s identity is important to you, then your clinic, agency, or bank can try to match you with donors who are comfortable with a fully open donation agreement. On the other hand, if you feel strongly about limiting your child’s access to their donor’s information, you can request a donor who has opted out of the disclosure law. However, a donor may change their mind regarding disclosure after donating, so there are no guarantees.
There are two more very important things to consider if you are uncomfortable with the idea of your child learning their donor’s identity. First, the American Society for Reproductive Medicine (ASRM) strongly encourages parents to be open and honest with their donor-conceived children about their beginnings. Secondly, there is no such thing as truly anonymous donation anymore, regardless of state or federal law.
Why Doesn’t Anonymous Donation Exist?
The popularity and availability of at-home DNA testing and sharing information on the internet means that truly anonymous egg donation no longer exists. A donor-conceived child can seek out additional information about their biological origins through DNA testing or the Donor Sibling Registry. Even if a donor hasn’t used a DNA test themself, a donor-conceived child may be able to find biological relatives who have used it, and figure out their donor’s identity from there. If you require guaranteed donor anonymity, as either a donor or an intended parent, then egg donation may not be right for you.
Still Have Questions About Open Identity Donation? Ask Us!
At SIMPLIFY, we have years of experience helping donors and intended parents navigate the legal, social, and emotional considerations of egg donation. We’re happy to answer your questions to help decide if egg donation is right for you. Contact us for an appointment today.