Judicial and legislative action are needed in order to chart a course of stability for decision-making in the field of artificial insemination. Because of the lethargy and benign neglect of the medical profession itself in policing this area, the courts will be forced to impose new and higher standards of care and responsibility, thereby tightening the laws of malpractice. Additional clarifying legislation will also have to be enacted creating a presumption at law of legitimacy for the issue born of consensual AID and thereby establishing both the legal rights and duties of the consenting husband. Donor liability should be scrupulously avoided. In cases where, for medical reasons, the identity of the donor is required, an in camera study of the matter should be conducted by a court and, where appropriate, a geneticist. Public disclosure of the donor’s identity should always be avoided. When errors are caused due to carelessness in the genetic screening of a donor by a physician, the physician, not the donor, should be held liable.
George P. Smith II, Artificial Insemination Redivivus: Permutations Within a Penumbra, 2 J. LEGAL MED. 113 (1981).