The Research For Donor Springs’ Informed Right Of Genes

The reproductive technology of gamete donation is a double-edged sword, it brings the hope for infertility couples to fertility children, at the same time brings the ethical and legal conflicts, objectively causes the split of traditional blood ties and the separation between genetic parents and legal parents, burying the hidden troubles of inbreeding and incest. Therefore, we affirm the reproductive technology of gamete donation playing an important role in covering the shortage of infertility on the one hand, but on the other hand, we can’t ignore its ethical and legal conflicts. In the process of gamete donation for fertility, acknowledging the donor springs’ informed right of genes, which can avoid unnecessary ethical and legal conflict.The donor springs’ informed right of genes, that is, donor springs’ the right to know its true origin of genes, which has private law characteristics. And donor springs’ right to know their genetic information belongs to the personality right, and their right to know the origin of their genes is based on a special status relationship- genetic relationship for the identity right. Therefore, the donor springs’ informed right of genes due to its property of personality right, which becomes a human basic right for the essential person, becomes the important expression for human dignity, and becomes the basic requirement for donor springs to keep independent personality; and due to its property of identity right, which makes it have the nature to be inseperable with human self, which is a inherent, proper and necessary right for donor springs.If donor springs want to know its true genetic origin, firstly, they must know they bear through the reproductive technology of gamete donation, know the real way of birth, which inevitably conflicts with infertility couples’ fertility privacy. Because of the conflicts between the donor springs’ informed right of genes and infertility couples’ fertility privacy, which belongs to the parents’ upbringing right, the law should not compel infertility couples to disclose the facts of gamete donation for fertility to donor springs, but the law can encourage infertility couples to disclose the truth to donor springs, so that in favour of the donor springs’ informed right of genes to realize.Normally, in order to avoid gamete donation bringing unnecessary troubles for family, marriage and life, gamete donors hope that Human Sperm Banks, medical institutions and staffs can keep secret. But standing on the point of donor springs, knowing their true origin of genes, not only can avoid the damages of body and mind, but also can avoid inbreeding and incest, and advantages to the treatments for hereditary and late-onset diseases, which are proved to be associated with donated gametes. Therefore, the principle of the best interest for children should be primary, the principle of interest coordination shuold be complementary, national law clarifies the donor springs’ while shuold give consideration to the privacy right of gamete donors, and proclaims that the told objects are limited to donor springs, and donor springs have obligation to keep gamete donors’ genetic information confidentiality.In the past, in the process of gamete donation for fertility, always insisted on anonymous gamete donation system. But now, there are some countries and regions had legislated to cancel the anonymous gamete donation, and some scholars and legal stuffs calling for abolishing the anonymous gamete donation. Under the current political, economic and society cultural conditions, there are some people who can’t understand the reproductive technology of gamete donation yet, have no tolerant attitudes on the reproductive technology of gamete donation, immediately call for abolishing the anonymous gamete donation, ask for a real-name gamete donation, which is an unrealistic thing. Therefore, selecting the newly-developing the "double track" of gamete donation, not only conforms to the essence of Chinese traditional culture-the golden mean, impartiality and harmonic compromise, but also gives the congsideration to the privacy rights of gamete donors and infertility couples, making them have more independent options to disclose the truth or not on their own, and also gives the congsideration to the donor springs’ informed right of genes, expanding the possibility of the donor springs’ informed right of genes to come true.This paper focus on all the intresets of gamete donors, infertility couples and donor springs, meanwhile it reveals the moral value and social value of gamete donation fertility, which has great significance in improving the life of gamete donation fertility tripartite, creating a better lifestyle, it also reveals that philosophy of science and technology can offer theoretical support and guidance to real life that has a significant significance.