Gamete and embryo donation, like other assisted reproductive technologies (ART), raises significant legal and ethical questions. A central issue is whether donors must register their identity information and whether this information should be disclosed to individuals conceived through donation. This issue was discussed during the drafting of the Law on the Method of Embryo Donation to Infertile Couples (2003) but was ultimately excluded from the final legislation. However, the Law on Protection of Family and Youth of the Population (2021) introduced the mandatory registration of donor identity information, alongside initial steps towards the potential disclosure of donor identities. These changes signal a shift towards gene-based and rights-based approaches, increasingly adopted in various legal systems.
This paper examines the government's duty to register and disclose donor identity information, analysing the legal and ethical arguments that have influenced legislative developments. The findings suggest that these arguments may not fully justify the mandatory registration and disclosure of donor identities to offspring, nor do they offer a robust theoretical foundation for obligating the government to enforce such measures.