SPERM BANK AND DONATION (ARTIFICIAL INSEMINATION)

SPERM BANK AND DONATION (ARTIFICIAL INSEMINATION)

In the year 1779 an Italian priest and physiologist named Lazaro Spallanzani performed a laboratory experiment that revolutionized scientific thinking. Until that time, people’s understanding of reproduction was based on the understanding of how plants grow. It was believed that the embryo was the "product of male seed, nurtured in the soil of the female." Spallanzani's experiment established for the first time that for an embryo to develop there must be actual physical contact between the egg and the sperm. Armed with this new understanding, Spallanzani successfully inseminated frogs, fish and dogs. But while the artificial insemination of animals was quickly propelled into an industry, the application of this technology to "growing" of human babies proceeded cautiously.  Though long overdue, in a place where Muslims make up 23% of the world population, which is about 1.62 billion adherents , it raises the question: ‘Is it permitted in Islam?’ While Islam regulates sexual relations, it is only allowed between legally married couples, as husband and wife. Thus, making intimate relations outside wedlock is forbidden, punishable to both parties. Statistics have shown that during the year 1992, there have been 1 604 sperms donated to the Human Fertilisation & Embryology Authority (HFEA) with donor-conceived births at a number of 1 706 in the United Kingdom alone. Donations have dramatically increased since then; as the highest recorded sperm donation was in the year 1994 with a staggering of 2 086 sperms donated and a total of 2 312 births. Though since the year 1994, the number of sperms donated have decreased dramatically to its lowest in 2006, which is 755 sperms and 1 263 donor-conceived births. 

Sperm donation is the provision (or ‘donation’) by a man, (known as a ‘sperm donor’), of his sperm, with the intention that it be used to impregnate a woman who is not his sexual partner. While the sperm donor is the natural or biological father of every child produced as a result of his donations, he is generally not intended to be the legal or de facto father. Heterosexual couples suffering from male infertility, lesbian couples, and single women, are the primary recipients of donor sperm. When going through a sperm bank, they may select their donor on the grounds of looks, personality, academic ability, race, and many other factors. Some sperm banks, either by choice or regulation, limit the amount of information available to potential recipients; a desire to obtain more information on donors is one reason why recipients may choose to use a known donor and/or private donation. The general process of sperm donation is described as third party reproduction. Donated sperm may be prepared for use by artificial insemination in intrauterine insemination (IUI) or intra-cervical insemination (ICI), or, less commonly, it may be prepared for use in other assisted reproductive techniques such as IVF and ICSI. Donated sperm may also be used in surrogacy arrangements either by artificially inseminating the surrogate with donor sperm (known as traditional surrogacy) or by implanting in a surrogate embryos which have been created by using donor sperm together with eggs from a donor or from the 'commissioning woman' (known as gestational surrogacy). Spare embryos from this process may be donated to other women or surrogates.

A sperm bank, semen bank or cryobank is a facility that collects and stores human sperm mainly from sperm donors, primarily for the purpose of achieving pregnancies through third party reproduction, notably by artificial insemination. Sperm donated in this way is known as donor sperm. Sperm banks may supply other sperm banks or a fertility clinic with donor sperm to be used for achieving pregnancies. Sperm banks may also supply sperm for research or educational purposes. In countries where sperm banks are allowed to operate, the sperm donor will not usually become the legal father of the children he produces as the result of the use of the sperm he donates, but he will be the 'biological father' of such children. Sperm banks make information available about the sperm donors whose donations they hold in the sperm bank to enable customers to select the donor whose sperm they wish to use. This information is often available by way of an on-line catalogue. A sperm bank will also usually have facilities to help customers to make their choice and they will be able to advise on the suitability of donors for individual donors and their partners. If a woman intends to have more than one child, she may wish to have the additional child or children by the same donor. Sperm banks will usually advise whether sufficient stocks of sperm are available from a particular donor for subsequent pregnancies, and they normally have facilities available so that the woman may purchase and store additional vials from that donor on payment of an appropriate fee. These will be stored until required for subsequent pregnancies or they may be on-sold if they become surplus to the woman's requirements.  

Why do people resort to artificial insemination? Single women and lesbian couples who want children can take advantage of donor sperm to help them achieve the family they desire. In some heterosexual couples, the man is sterile and therefore unable to provide a sperm sample for In vitro fertilisation (IVF) or Intra Cytoplasmic Sperm Injection (ICSI). In other instances, the couple may look to use a sperm donor in order to avoid passing on a genetic disease or disorder that is carried by the male sperm.  Of the many reasons, infertility is the most common of them all. The creation of life comes directly from Allah’s (swt) Will. No matter what means one utilise, if Allah (swt) does not wish to grant children, they will never have any. As said in the Qur’an: “To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males. Or He makes them [both] males and females, and He renders whom He wills barren. Indeed, He is Knowing and Competent.”  Saidina Abu Sa’id al-Khudri narrates that the Messenger of Allah (peace be upon him) was asked about coitus interruptus (azl) whereupon he said: “The child is not born from all the liquid (sperm) and when Allah intends to create something, nothing can prevent Him.”  Therefore, a Muslim should always first resort to pray to Allah (swt) for children. It is also considered as a last resort to conceiving, such as single mothers who want children, but cannot find the right life partner. Although for most non-Islamic people, this is the way to do it, without any other hassles; and especially if one were in a same-sex relationship (homosexual), such as lesbians and gays. 

 

Gamal I. Serour, one of the three founding members of the first Egyption In-Vitro Fertilisation (IVF) centre and the director of Al-Azhar’s International Islamic Centre for Population Studies and Research, has outlined a few main points of the Sunni Islamic position on medical conception. Firstly was that artificial insemination with the husband’s semen is allowed, and the conceived child is thus the legal offspring of the couple. Also, no third party should intrude into martial functions because marriage is a contract between a man and his wife. This means that a third party donor is thus not allowed, whether they are offering sperm, eggs, embryos or a uterus. This is because it would lead to zina, or adultery. “And come not near unto adultery. Lo! It is an abomination and an evil way.”  Adoption of a donor-conceived child from an illegitimate form is not allowed as well. With regard to the child who is born as the result of such a process, he is to be attributed to the mother who bore him, and not to the man who produced the sperm, as is the ruling in the case of zina (fornication or adultery). If that man claims to be the father and no one disputes that, then the child may be attributed to him, because the Lawgiver is keen that people should be named after their fathers. With regard to the hadith, “A child belongs to the household (where he was born) and the adulterer is stoned ,” it is to be interpreted as referring to cases where there is a dispute, as is clear from the incident which gave rise to this hadith. The child belongs to the mother who delivered him/her and is considered to be a laqit or an illegitimate child. If a marriage beckons a divorce or death of the husband, medically assisted conception cannot be performed on the ex-wife even if it comes from the former husband. Multifetal pregnancy reduction is only allowed if the percentage of carrying too many foetuses (i.e. twins, triplets, or more) is too low. It is also allowed if the health or life of the mother is in dire jeopardy. As hinted from above, any form of surrogacy is strictly forbidden. And the formation of sperm banks are too, strictly forbidden, for such practice threatens the existence of the family and the ‘race’ and should be prevented.  

The use of donor sperm is the most important point. Lineage is a highly protected aspect in Islam. “And it is He who has created from water a human being and made him [a relative by] lineage and marriage. And ever is your Lord competent [concerning creation].”  Donor sperms imbalances the foundations of lineage, this includes donor eggs and surrogacy. Sperm, eggs, and the womb are the components that which determines lineage. “O People, if you should be in doubt about the Resurrection, then [consider that] indeed, We created you from dust, then from a sperm-drop, then from a clinging clot, and then from a lump of flesh, formed and unformed - that We may show you. And We settle in the wombs whom We will for a specified term, then We bring you out as a child, and then [We develop you] that you may reach your [time of] maturity. And among you is he who is taken in [early] death, and among you is he who is returned to the most decrepit [old] age so that he knows, after [once having] knowledge, nothing. And you see the earth barren, but when We send down upon it rain, it quivers and swells and grows [something] of every beautiful kind.”

Not only will the donor-conceived child’s lineage be confused, they will also be considered as illegitimate under Islamic shariah. As previously mentioned, the sperm of a donor, other than a woman’s husband is not lawful for her, unless already married. Thus, same goes for donor eggs and surrogacy; they are not lawful for a man unless they come from his wife. If done otherwise, it is considered as the children are born from zina (adultery, fornication).  “It is narrated on the authority of Abu Huraira: A fornicator who fornicates is not a believer as long as he commits fornication, and no one who steals is a believer as long as he commits theft, and no one who drinks wine is a believer as long as he drinks it, and repentance may be accepted after that.”  Dr. Muzammil Siddiqi, former president of the Islamic Society of North America, states: “Indeed, artificial insemination is one of the new issues on which Muslim scholars have recently done some Ijtihad in the light of some basic principles and values of the Qur’an and Sunnah. Artificial insemination for conceptual purpose is generally needed in the situation when the husband is not able to deposit his semen inside his wife’s genital tract. This procedure is allowed in Islam as long as it is between legally married couples during the life of the husband. The jurists have emphasized that under the Shari`ah, a wife is not allowed to receive the semen of her ex-husband after divorce or after his death.”  Dr. Muzammil Siddiqi and many other Islamic scholars agree that in the use of the husband’s semen, it is allowed and considered halal. But what if it is in a situation whereby the husband is infertile and cannot produce that of his own semen that produces spermatozoa, which is capable of producing pregnancy? 

The consequences of these procedures result an illegitimate child. Though this may seem harsh to non-Muslims and even new ones, but the long term effects of anonymous sperm donation are disturbing to the people and its society. A society that only promotes illegitimate children, but also promotes a selfish desire with no thought of long term effects on children, who would possibly marry and the children they may possibly have. Without knowing their lineage may cause one to marry a brother, sister, father and other close kindred. This fact, in itself should make any non-Islamic couple think twice about donor-conceiving. Every child has legitimate rights, such as what makes them who they are, what family member they got their colour eyes from, from who they get their looks from, and normal things children go through. Since these children are considered as illegitimate, according to Hanafi and Shi’a Law, they cannot inherit either their mother’s or their father’s inheritance. Growing up is difficult enough, do not condemn children.  Some children of mothers who became pregnant using anonymous sperm donors are saying that they have unresolved emotional issues related to being “donor offspring”. And for some, another health issue is important – understanding their genetic history and risk for contracting certain conditions as an adult.  Anonymity of donations may have another unintended consequence – overuse of some popular and fertile donors. For example, from an article in The New York Times, it has been reported that a single donor bore 150 sons and daughters. 

The effects to a donor-conceived child can be drastic. Most crave to meet the person who helped give them life, while others abolish, and even refuse to know anything about them. While others, in very rare cases have reported that they wanted to form a relationship with the donor themselves. Others would need them for medical reasons, such as if the child were to have a rare blood type, and he/she received it from the sperm donor, the simplest way would be to get it from the donor.  But for most, a longing feeling would always be present, and the most accentuate question would arise, “who was he like?” While others, like Caroline Halstead, who felt like she was only half a person because she will never know who her father is. She says, “In my view, it is a horrible, clinical way to be conceived.” Caroline was also profoundly angry with the man who helped gave her life, even though his intentions for doing so may to assist couples who couldn’t conceive naturally. Narelle, like Caroline, knew only the most minuscule information about her donor. She says, “Adoption is very different - not only can you usually find your real parents, but also you don't have to cope with the psychological effects of knowing you were conceived in a test tube. That's unsettling and weird. Being a sperm donor child makes you question everything about your humanity. I can honestly say that no matter how desperate I might be for a child, I'd never use a sperm donor. I wouldn't condemn any child to grow up as I did.”  

In conclusion, sperm donation is a process where a man donates his sperm so that it could be used to impregnate a woman through a medical process and a sperm bank provides a service mainly to collect and store sperms from donors. In my opinion, the world just breached 7 billion people recently and there are countless of those 7 billion who live in poverty. Why add another one or two to those 7 billion when one could just make the world a better place by adopting the less fortunate? Of course, difficulties and inconveniences come along with adoption, but what doesn’t? And also, as we are humans, and where there are humans, there are ‘human errors’. What if – per se, someone accidentally mixes up a husband’s semen with another’s?  And when someone notices this error, it may be too late. As previously mentioned, if a man’s sperm is donated for a woman who isn’t his wife, it is categorised as zina (adultery) and it said in Surah Al-‘Isra, “And come not near unto adultery. Lo! It is an abomination and an evil way.”  Verily, Allah (swt) knows best.