An Entire Country Blacklists New York’s Most Famous Sperm Donor

If Professor Ari Nagel is guilty of anything, it’s that he loves helping women fulfill their dreams of having a child. That, and perhaps a minor international incident.

In addition to his day job teaching mathematics in New York, and being married with three kids inside of wedlock, Nagel has been prolific in his pursuit of providing altruistic conception assistance via free donations of his own sperm.

I wrote about Nagel before — his story is a bit of a train wreck you can’t help but turn to look. In June 2016, it was reported that Nagel had 22 children conceived from his sperm donations, most or all of them donated directly, without using a sperm bank as an intermediary. Some of them even involved exchanges in Target bathrooms, and Nagel having old-fashioned intercourse with the recipient!

In any event, more recent reports have upped the number of confirmed kids to 33, with even more on the way. But more fascinating than the continued demand for, and success of, his donations, is the fact that Nagel has recently been banned from donating by an entire country!

A Country With Interesting Donation Requirements

Nagel reported this summer that he was flown to Israel in order to provide a donation for a woman wishing to have a child conceived from his sperm (a “client,” as he describes such recipients). For this donation, the plan was to actually use a clinic. (Good start!) But upon providing his sample to the clinic, an employee of the clinic disposed of the sample and informed him that the facility, as well as all sperm banks in Israel, were prohibited from using Nagel’s sperm. Whaa?! That was highly sought after stuff you just dumped out, lady!

So what’s the problem? The issue stems from Israel’s requirement that sperm donations always be anonymous, or, if not anonymous, that the donor must sign documents saying that he will co-parent with the mother. Since the intended recipient specifically flew Nagel over to Israel to make the donation, he clearly did not fall into the anonymous category.

Nagel was even willing to sign paperwork that he would co-parent with the mother. However, he had already signed such attestations of intent to co-parent with six other women in Israel. Israel’s Ministry of Health is reported to have sent a letter to the intended recipient explaining that “considering the number of women whom Mr. Nagel impregnated with his sperm… it is our position that the claim of intention to perform true joint parenthood with Mr. Nagel is not sincere or reasonable.” Well, okay, that’s probably a fair assessment.

Is This Normal?

I discussed this case with Israeli family formation attorney Victoria Gelfand. Gelfand explained that it was not unusual for the Israeli government to act in a paternalistic manner toward Israeli citizens looking to grow their families through assisted reproductive technology. She described another case where a single woman wished to co-parent with a gay couple. She signed a co-parenting contract with one man, the genetic contributor to their child, and tried to sign documents with the clinic for the second man, with the intent that he would be the genetic father to a second child.

Because Israel does not allow three parents to officially have parentage rights to a child, the clinic refused to perform in vitro fertilization (IVF) for the woman, and she had to sign a formal withdrawal from the first father in order to proceed with the second.

This case, and my discussion with Gelfand, also gave me a new appreciation for Irit Rosenblum’s BioWill movement in Israel. (See this amazing YouTube video that does an excellent job explaining the BioWill and features an arguably creepy giant hand and definitely creepy music.) In short, the BioWill allows persons — especially those at higher risk of death — to will their genetic material (sperm or eggs) for donation to others for conception. Given the strict requirements in Israel of a donor either being anonymous or a co-parent, the BioWill provides a welcome alternative of having fuller knowledge of the child’s genetic contributor as well as the possibility of additional extended family for the child.

No Seriously. Is This Normal?

In sharp contrast to Israel, other countries are moving their requirements for egg and sperm donors in the exact opposite direction of Israel. A number of jurisdictions, such as Queensland, Australia, take the stance that a donor-conceived child has the right to know his or her genetic history. Therefore, the law in such jurisdictions requires that all donations be open — or that the donor’s identity at least be able to be known by the child at some point. That makes way more sense than requiring anonymous donations! As repeatedly argued by professionals such as Wendy Kramer, founder of the Donor Sibling Registry, anonymity is an unrealistic expectation. With leaps in technology and information sharing — including the internet, home DNA tests, facial recognition software, etc., donor conceived children are finding their genetically-linked relatives — regardless of whether those relatives, or the law, wants them to be found.

Also, the co-parenting rule seems bizarre, and unusually invasive. While I never thought I would be one to fight for in favor of the guy donating sperm in the Target bathroom, I am finding myself cheering for Nagel, and against Israel’s arbitrary and controlling laws on family building.

Nagel’s recent Israeli intended recipient is reportedly taking the case to Israel’s Supreme Court. Good luck to her! We will be following along.

---

Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at [email protected].