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Record W260280461

Legal Challenges to Donor Anonimity

2003· article· en· W260280461 on OpenAlex
Laura Shanner

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueHealth law review · 2003
Typearticle
Languageen
FieldMedicine
TopicReproductive Health and Technologies
Canadian institutionsnot available
Fundersnot available
KeywordsLegislationFreedom of informationLawPolitical scienceCharter
DOInot available

Abstract

fetched live from OpenAlex

Abstract Several legal principles challenge current policy of gamete donor anonymity, and require that Canadian legislation clearly move toward a policy of open donor records. These considerations include provisions of United Nations Convention on Rights of Child, Charter protections of equality for offspring of donors, privacy considerations for offspring regarding their own lie choices and provisions within Bill C-13 itself that emphasize priority of well-being of children. On December 10, 2002, a 6-5 vote in House Standing Committee on Health narrowly defeated an amendment Section 18(3) of Assisted Human Reproduction Act (1) that would allow adult offspring of donor (2) conception have access identifying information about their genetic parents. The surprising failure approve amendment reverses Committee's own December 2001 (3) conclusions that Canadian legislation on assisted reproduction must enable offspring have access such information. More important, passing Bill C-13 without such an amendment would establish--for first time--a class of individuals who are specifically prevented by federal law from having access accurate information about their genetic origins. While trend in adoption law over recent decades has been toward openness, not all jurisdictions require open records; none, however, specifically requires that secrecy be maintained. Establishing a class of individuals whose genetic origins must be kept secret would be a serious mistake, and may leave Canadian government open significant legal challenges regarding human rights obligations and violations of Canadian Charter of Rights and Freedoms. (4) Donor anonymity has been an unstructured social experiment in which results for donor offspring have been almost entirely ignored. There is no evidence that anonymity is best for offspring or social families, while infertility counselors (5) and donor offspring (6) themselves document common experiences of grief, loss, isolation, disconnection, struggles with formation, and anger at secrets being kept about them. Secrecy may damage social family relationships, especially if truth comes out during a crisis. As with adoption, social families may fend a variety of age-appropriate ways incorporate knowledge about, and even relationships with, child's biological parent(s), but those who would prefer openness are able give no details beyond acknowledging involvement of an unknown donor. The preamble this legislation seeks protect dignity of persons affected by assisted conception techniques, but purposely hiding fundamental information about a person's is opposite of treating them with dignity: it institutionalizes lying. Declining provide an answer (deception by omission) is often insufficient respond children's questions about their origins; outright fabrication of lies is often required keep secret. Governments share obligation tell truth citizens, but are often complicit in deception about biological origins in birth certificates and, if present legislative proposal is enacted, in regulation of assisted conception. Bill C-13 establishes at section 2(a) that the health and well-being of children born through application of these technologies must be given priority in all decisions respecting their use. While there is understandable distress at changes current ad hoc practice of donor anonymity, legislation must move toward a policy of openness on grounds of human rights, Charter protections of equality, and privacy rights. Human Rights Article 8 of United Nations Convention on Rights of Child (7) commits States Parties to respect right of child preserve his or her identity and provide assistance and protection when a child is deprived of some or all of elements of his or her identity. …

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: Review
Teacher disagreement score0.978
Threshold uncertainty score0.461

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.104
GPT teacher head0.396
Teacher spread0.292 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it