Anonymous vs. Identity-Disclosed Sperm Donors: What Families Should Know

Choosing a sperm donor involves more than reviewing photos, health history, and personal characteristics. It also means considering what information may be available to a donor-conceived person in the future. At Xytex, all donors entering our program have been identity-disclosed since 2019. Understanding the difference between anonymous and identity-disclosed donation can help explain why that distinction matters.

What is an anonymous donor?

An anonymous, sometimes called non-identified, sperm donor is one whose identity was intended to remain private through the donor program. These donors may still have a detailed, non-identifying profile that includes physical characteristics, personal and family health history, genetic screening results, and childhood or adult photos, depending on the sperm bank. Unlike an identity-disclosed donation, the program does not provide a pathway for the donor-conceived person to request the donor’s identifying information when they become an adult.

What is an identity-disclosed donor?

An identity-disclosed donor agrees that specified identifying information may be released to a donor-conceived person once they reach the age of 18 and personally request it.

This arrangement recognizes that the donor-conceived person may one day want information beyond what is provided in the donor profile. By preserving a pathway to identifying information, families leave that option available for their children to explore in the future.

This does not mean every donor-conceived person will want to learn the donor’s identity. Some may feel complete with the information they already have, while others may want to know more. The value of the identity-disclosed model lies in allowing each person to decide for themselves. Access becomes an option rather than an obligation, and that distinction respects the wide range of experiences within donor-conceived families.

Identity disclosure provides access to information, but it does not guarantee future contact or a relationship with the donor. A donor’s circumstances, contact information, and willingness to communicate may change over time. The purpose of the program is to give the adult donor-conceived person the option to request available identifying information.

From anonymous to identity-disclosed donation

For much of the history of sperm donation, anonymity was considered the standard. Donors provided personal and medical information for a non-identifying profile but did not consent to the future release of their identities. This model offered recipients privacy and allowed donors to participate with the expectation that their identifying information would remain confidential through the donor program.

As the landscape around donor anonymity began to evolve, Xytex moved to an identity-disclosed model in 2019. Since then, all donors entering the Xytex program have been identity-disclosed, preserving a pathway for donor-conceived people to request specified identifying information when they become adults.

Consumer DNA testing changed the landscape

The growth of direct-to-consumer genetic testing changed what donor anonymity meant in practice. As genetic databases expanded, DNA matching created new possibilities for identifying biological connections that had not existed when anonymous donation became the industry standard.

As a result, permanent anonymity became increasingly difficult to guarantee. This technological shift contributed to a broader conversation within the fertility industry about transparency and future access to information about genetic origins.

The shift toward greater donor transparency has also been reflected in laws around the world. In the United Kingdom, HFEA regulations require sperm donors to be identifiable to donor-conceived people once they reach the required age. For donations made on or after April 1, 2005, a donor-conceived person can request identifying information about the donor from the HFEA once they turn 18. In the United States, Colorado became the first state to end anonymous sperm and egg donation in 2025.

Laws and industry practices continue to evolve, but the broader shift is toward preserving options for donor-conceived people. Identity disclosure does not assume that every person will want to seek additional information or contact their donor. Instead, it preserves their ability to make that choice for themselves when they become adults.

Are Xytex’s donors anonymous?

No. Xytex’s donor program is identity-disclosed.

Can an identity-disclosed donor initiate contact?

No. An identity-disclosed donor cannot initiate contact with a donor-conceived person through Xytex. Once the donor-conceived person turns 18, they may choose to request the donor’s identifying information, provided the required agreements were completed and their birth was reported to Xytex.

Does identity disclosure give the donor parental rights?

No. Identity disclosure does not give the donor any parental rights or responsibilities. It allows a donor-conceived person to request the donor’s identifying information after reaching the required age. The donor does not become a legal parent and has no rights to custody or decision-making. Laws may vary by location, so anyone with specific legal questions should consult a qualified attorney.

What is the process to request the donor’s information?

For a donor-conceived person to request identifying information, their parent must have signed the ID Disclosure Agreement and reported the birth to Xytex. Once the donor-conceived person turns 18, they must initiate the request for information themselves. Requirements may vary based on applicable state law.

Is contact with the donor guaranteed?

No. Identity disclosure gives the donor-conceived person the option to request identifying information when they become an adult, but it does not guarantee that the donor can be located or will be willing to communicate. A donor’s circumstances and contact information may change over time.

Have questions about identity-disclosed donors or choosing a donor? Our Client Relations team is available to help you understand your options and find the information you need as you make your decision.

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Site Usage

Site Usage and Information Agreement

Effective 3^rd April 2017
IMPORTANT! THESE TERMS AND CONDITIONS AREA BINDING LEGAL AGREEMENT (this “Agreement”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

AGREEMENT; ADDITIONAL TERMS; PRIVACY

This Agreement governs your use of www.xytex.com and any other website or page offered by Xytex and its subsidiaries and affiliates that links to this Agreement (collectively, including all associated content, communications, tools, features, functionality and services, the “Site”). This Agreement is by and between Xytex and its subsidiaries and affiliates (referred to herein as “Xytex”, “we”, “us”, or “our”) and you, on behalf of yourself, individually, or the organization on whose behalf organization you have registered (in either case, “you”). If you access the Site in your capacity as an employee, owner, or otherwise as an agent of an entity, you represent and warrant that you have the authority to bind such entity to the terms of this Agreement. You are deemed to have accepted this Agreement by accepting this Agreement and/or by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way. For clarity, upon such access and use, you shall have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to any portion of this Agreement, please discontinue use of the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of this Agreement at any time without prior notice and, unless otherwise indicated, such changes will become effective immediately when an updated version of this Agreement is posted online; therefore, please check this Agreement periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records.

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III. RESTRICTIONS ON USE

You acknowledge and agree that the features, tools, functionality, applications, materials, data and other information, content (including their selection and arrangement), services and software (including all text, logos, photographs, graphics, images, video, audio, illustrations, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, service marks, trade marks, trade dress, titles, and certain words or phrases, in each case displayed on, transmitted through, or accessed or used on, within, or in connection with the Site (all of the foregoing, collectively, “Service Content”), are intellectual property protected by copyright, trademark or other proprietary rights of Xytex or its licensors, suppliers or other designees, which rights may or may not be registered in certain jurisdictions. You acknowledge and agree that Xytex and its licensors, suppliers or other designees reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site and Service Content, and you will not acquire any interest therein by using the Site or Service Content. You also agree to comply with any additional copyright notices, information, or restrictions contained in any Service Content available on or accessed through the Service.

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We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection with the Site. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on your experience using the Site and the services and products offered in connection with the Site, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation or notice to, or approval by, the provider of the Submissions. Xytex does not waive any rights it may have to ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you, which ideas are similar or related to Submissions.

FORUMS AND PUBLIC COMMUNICATION

“Forum” means a chat area, message board, or interactive function or feature offered as part of the Site. If you participate in a Forum within the Site, if applicable, you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes, misappropriates and/or violates any right of a third party or any law; (v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a virus or other harmful component; (ix) post material or make statements that do not generally pertain to the designated topic or theme of any Forum; or (x) submit any content that negatively reflects on the Site or the Xytex brand and its goodwill, or is otherwise objectionable as determined in Xytex’s sole discretion. Nor may you submit any content to a Forum that advertises or links to other sites for your commercial purposes, include viruses, corrupted data or other harmful, disruptive or destructive files, or may expose the Site or its users to any harm. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties (described in Part VIII below) harmless for the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason. While we may review content posted to or through a Forum, we are under no obligation to do so.

By uploading materials or posting any content to any Forum or otherwise submitting any materials to us, you (1) represent and warrant that such material or content is original to you, no other party has any rights in it, and it complies with this Agreement, and (2) automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive, fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials or content, including all data, images, creative works, sounds, text, and other things embodied in it, into any form, medium, or technology now known or later developed throughout the world. In addition, you waive any rights to compensation, attribution or any other “moral rights” in such materials and content.

When participating in a Forum, proceed with caution and never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. In the event that you connect with us outside of the Site through any third party social media or sharing platform such as Facebook®, Twitter Inc., your use of such platform is subject to that platform’s separate terms and conditions.

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VII. DISCLAIMERS

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NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES (DESCRIBED IN PART VIII BELOW) WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.

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The Site may contain technical inaccuracies or typographical errors or omissions. Xytex is not responsible for any typographical, photographic, or technical errors on our Site. Xytex reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

VIII. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us (including our subsidiaries and affiliates), our suppliers and licensors, and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ and experts fees and court costs) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by us through the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Xytex or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, OR SERVICES IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.

RELEASE

BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.

JURISDICTIONAL ISSUES

We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site and our products and services do soon their own initiative and are responsible for compliance with local laws in their jurisdiction. If use of the Site and/or viewing or use of any material or content on the Site orif use of our products or services violates any applicable law in your jurisdiction, you are not authorized to view or use the Site, products and/or services and must discontinue use immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation. The Site is operated from the United States and it is possible that some Software from the Site may be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported to any person or to any location in violation of the export laws of the United States or any other jurisdiction. By downloading or using the Software, you represent and warrant that you are not located in a restricted location, or a restricted person or under the control of a restricted person.

XII. TERMINATION

This Agreement, as amended, remains effective during all periods of time during which you access the Site, our products or services. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. All rights and obligations which by their nature are intended to survive the termination of your use of the Site and/or termination of this Agreement in order to be fully operative, shall survive termination including, without limitation, the following provisions: Agreement; Additional Terms; Privacy (Part I), User Eligibility; Your Account (Part II); Restrictions on Use(Part III); Submissions (Part IV); Forums and Public Communications, second to last paragraph (Part V); Disclaimers (Part VII); Indemnification (Part VIII); Limitation of Liability (Part IX); Release (Part X); Termination (this Part XII); General Provisions (Part XIII); and Notice and Procedure for Making Claims of Copyright Infringement (Part XV).

XIII. GENERAL PROVISIONS

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any principles of conflicts of law. You agree that (1) any action at law or in equity arising out of or relating to the terms of this Agreement, our products or services shall be resolved individually, without resort to any form of class action, and filed only in the state or federal courts located in Richmond County, Georgia, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and (2) any and all claims, judgments and awards shall be limited to your actual-out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim any indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter of this Agreement and shall not be modified except as otherwise set forth in this Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition of this Agreement. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and deliver to us, in recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.

XIV. DIGITAL SIGNATURE PROVISIONS

You further agree that your clicking to accept terms and conditions on the Site constitutes a valid, legal and binding electronic signature and that you will have formed, executed, entered into, accepted the terms of, and otherwise acknowledged and agreed to the applicable terms.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should be Sent: 1100 Emmett Street, Augusta GA 30904 U.S.A.
Email Address of Designated Agent: info@xytex.com

To be effective, the notification must be a written communication that you can mail or email to us as indicated above that includes the following:

A full and complete identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your name, address, email and telephone number.
Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.