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I. INTRODUCTION Over the past few decades, Canadian family law has been challenged to respond to rapid changes in the way in which we answer the question, "Who is a [...]

I. INTRODUCTION U.S. society is changing. Just turn on the television and see. Each week, millions of devoted fans tune in to shows like "Modern Family" and "The New Normal," [...]

TABLE OF CONTENTS INTRODUCTION I. BACKGROUND A. History of Artificial Insemination B. Sperm Donors and the Donation Process C. Defining Free, Private Sperm Donation II. SOCIETAL VALUE OF FREE, PRIVATE [...]

INTRODUCTION Obtaining sperm to use in Assisted Reproductive Technology ("ART") is relatively simple. (1) Hospitals, clinics, and sperm banks throughout the United States are in the business of selling sperm [...]

I. INTRODUCTION Each year, more than 25,000 children are born in the United States as the result of artificial insemination, (1) one of the most common forms of assisted reproductive [...]

INTRODUCTION I. RACE AND REPRODUCTION A. Free Market Sperm Donation B. Race-Conscious Donor Catalogs II. THE EXPRESSIVE DIMENSION OF RACIAL DISCRIMINATION A. Discriminatory Intent and Discriminatory Effects B. Discriminatory Expression [...], This Note considers the moral status of practices that facilitate parental selection of sperm donors according to race. Arguments about intentions and consequences cannot convincingly explain the race-conscious design of donor catalogs. This prompts us to examine the expressive dimension of wrongful discrimination. Even practices marked by innocent motives and benign effects can give reason for pause when they needlessly entrench divisive assumptions about how people of a particular race think or act. Race-based differentiation in voting ballots, dating websites, and donor catalogs helps us to tease out the subtle normative tensions that racial preferences occasion in the contexts of citizenship, romance, and reproduction. These reflections suggest that racially salient forms of donor disclosure are pernicious social practices, which, while operating beyond the reach of the law, ought to be condemned as bad policy. The Note concludes by developing reproductive choice-structuring mechanisms that aim to balance respect for intimacy, autonomy, and expressions of racial identity with responsibility to work against conditions that divide us.

I. INTRODUCTION Our research began with an unusual advertisement reported by the British Broadcasting Corporation (BBC). The online headline read Sperm Donors Rush for Australia Holiday Offer. (1) The article [...]