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Exam Law and Ethics of Reproductive TechnologiesVrije Universiteit | 28 January 2021 | 18:45 h – 21:30 h
This open book exam consists of 2 essay questions. Each question determines 50% of the
final grade. You have 2 hours and 45 minutes to answer both questions in English.
Use your essay to showcase your understanding of the course’s main themes, concepts and
literature. Formulate your answers as much as possible in your own words. If you
nevertheless want to quote the literature, please use quotation marks. When you use
arguments from the literature, don’t forget to mention briefly whose argument you are
referring to.
When marking the essay questions, we will focus on the legal-ethical and academic quality
of the line of argumentation and will award points for the explanation and application of
the concepts that are mentioned in the assignment (see a, b, c) as well as your answer to
the main question of the assignment (highlighted in bold). Additionally, we will take into
account the structure and composition of the essay; the degree of originality and
creativity; and the extent to which the student manages to take position and comes to a
critical evaluation of the arguments used in the literature.
Good luck!
QUESTION 1: DONOR SPERM FACEBOOK GROUPS
The coronavirus pandemic has led to a shortage of donated sperm in sperm banks and fertility clinics
worldwide. Due to the virus, men have stopped donating in clinics, while the demand has increased rapidly.
According to Michelle Ottey, the director of one of US’s biggest sperm banks, the company is selling 20
percent more sperm now than a year before. She thinks that the reason for this increase in demand is that
“by having a child, people are trying to find some hope [in these unprecedented times].” As sperm banks
cannot provide enough supply, donors and customers find each other by different means. According to the
New York Times, “[donors] meet with prospective mothers-to-be in Airbnbs for an afternoon handoff;
Facebook groups with tens of thousands of members have sprung up”. The problem with the donors in
these groups is, however, that they do not always follow the rules pertaining to the maximum number of
women that a donor can cater to; such donors donate to as many women as they want. They often do not
have families of their own, but think that their genes deserve to survive. One popular 30-year-old sperm
donor told the NY Times that he “just wanted to get his numbers up”, meaning the number of children he
could produce in the world. Due to the fact that existing rules are circumvented in these Facebook groups,
legislatures in various countries are thinking about prohibiting the groups. Prospective parents such as
single women, lesbian couples or couples with fertility problems are, however, grateful for the
establishment of such Facebook groups. Ms. Byrd, for example, who is now pregnant by means of a donor
from such a group, told the NY Times that because of the large number of available Facebook donors, she
“can choose a donor who is smarter and more attractive than someone she meets romantically day to day”.
Furthermore, the trajectory of becoming pregnant is much cheaper than the financial strain that sperm
banks would cause. As Ms. Byrd told the NY Times, her baby “only cost $136”.
Assignment:
Write an essay in which you develop your legal-ethical opinion about the following question: do you
believe that the practice of these “donor sperm Facebook groups” fairly balances the reproductive
interests of both sperm donors and prospective parents on the one hand, and the interests of future
children on the other hand?
Build your essay around the following concepts:
a) reproductive rights as established by the ECtHR, and the possible limits of
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