Artificial insemination has been widely practiced for decades, so many of the
legal problems have been worked out. The issues of child custody are often
covered by statute. There may be questions of malpractice involving either
genetic disease or infection. There is also a societal problem because artificial
insemination usually involves the rights of four people: the wife, the husband,
the sperm donor, and the resulting child. Physicians should know and
understand the laws of their states and the standard of care before working in
this area.
As in any other area of medical practice, patients should not be given
guarantees about the outcome of attempts at artificial insemination. If an
unknown donor is used, the patient should understand that the donors are
screened for disease, not for social desirability. Reasonable effort is made to
ensure that the donor does not carry HIV or Huntington’s chorea; no effort can
ensure that the child will be smart or beautiful. Accepting artificial insemination
carries most of the same risks as picking out a spouse.