ARTIFICIAL INSEMINATION

Abstract

To discuss the implications of the relatively new practice of artificial insemination, this two-part article classifies it into three categories: 1) insemination with the sperm of an anonymous donor (A.I.D); 2) with sperm from a woman’s husband (A.I.H); and 3) with a mixture of sperm from the husband and an anonymous donor (C.A.I.). This part focuses on A.I.D., emphasising the component of secrecy surrounding the donor’s identity, which is characterized as deceit, and the potential legal issues stemming from the practice itself. Based on the current state of the law without amendment, he then assesses what the legal response would likely be to two questions: 1) Does A.I.D or C.A.I constitute adultery? and 2) Is a child born of either method legitimate? The first question is analysed in this article and the second in the February issue of the Canadian Bar Review.