MEDICINE SCIENTIFIC AND LEGAL ASPECTS OF A.LD.

IN a recent judgment in the Scottish Court of Session Lord Wheatley ruled that artificial insemination does not, in law, constitute adultery.

This was followed by a statement by the Archbishop of Canterbury denouncing artificial insemination by donor {A.LD.) and asking for ‘new legislation to make the practice a criminal offence’.

Here are some basic facts on the matter which may be of interest to socialists.

Artificial insemination may be defined as the deposition of semen in the vagina or cervical portion of the womb-by means of instruments. When the husband’s semen is used it is called A.J.H., when a donor’s semen is used, A.LD.

The practice has been prevalent in the sphere of animal husbandry for a long time. The main advantages are that selected strains can be united under controlled conditions and that herds can be increased far more rapidly than would occur naturally.

The first A.ILH. was probably performed in 1790 by the famous surgeon and pathologist John Hunter (reputed author of the famous query “Why think, why not try the experiment?’) on the wife of a linen draper in the Strand whose husband suffered from a structural defect of the genitals.

Obviously come to stay The practice gained ground slowly. By 1934 a survey showed that it had been successfully carried out in only 123 cases.

In 1952, however, an American authority estimated that there might be some 20,000 children growing up in the USA who had been born as a result of this procedure. Whether the Archbishops like it or not. A.I.D. has obviously come About 10 per cent. of marriages remain childless. Male infertility is the cause in a proportion variously estimated between 25 and 60 per cent. In about 3 per cent. of marriages the male partner is hopelessly sterile. band from the process of procreation would result in a weakening of ‘paternal’ authority and a return to the worst features of a matriarchal society.

The legal objections centre first around the problem of the registration of the birth. In a case of A.D. it would be a legal offence under section 4 of the Perjury Act of 1911 to declare the husband the father of the child (an offence liable to a maximum penalty of seven years’ penal servitude, if dealt with by indictment).

On the other hand registration of the real father’s name would not ensure the element of secrecy deemed essential for the psychological well-being of all the parties concerned.

‘Legitimacy’ and property inheritance The law is also (naturally) very much concerned about the ‘legitimacy’ of the birth (the inheritance of property attracts higher death duties if the illegitimacy is disclosed to the Revenue authorities), about ‘protecting’ the child against third party claims, and about ail the complicated problems relating to the inheritance of titles, fortunes and estates.

The lawyers are also worrying about such questions as who has custody and who pays maintenance if the legal parents fall out.

The potentialities of A.D. have scarcely been assessed as yet. Preservation of frozen semen is already possible for periods of several months and considerable progress along these lines is likely.

Genetic selection of spermatozoa (separation of those. sperms which will give rise to male offspring from those which will give rise to female offspring) is a problem that is likely to be solved within the next decade or so.

This would enable the sex-ratio of a given family (or community) to be planned and could well have effects on the institution of monogamous marriage.

Genetic. factors more subtle than those which control the determination of sex may also eventually prove amenable to direct treatment of spermatozoa prior to A.LD.

The elimination of several hereditary diseases and the possible introduction of new and beneficial genetic features are both on the cards.