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HARNICHER v. UNIV. OF UTAH MEDICAL CENTER7/31/1998
serves:
Many women feel that it is "selfish" to achieve a pregnancy without the genetic contribution of the husband. This loss of genetic continuity is an important factor for the husband to discuss and to accept. No matter how well the donor is matched
to the husband, this loss is real and has to be grieved over. . . .
Both husband and wife may have exaggerated fears as the time of delivery approaches. One fear frequently verbalized is that somehow a mistake in selection of donor may have been made and the resulting baby will have a totally incongruous racial or physical appearance. This fear is the subject of dreams, fantasies, and general anxiety. There may also be more subtle fears regarding the baby's health, intelligence, and attractiveness. To preserve anonymity, very little information is shared about the donor. A great deal of faith must be placed in the hands of the doctor or clinic doing the screening and selecting of donors. This is a sacred trust that no facility offering donor insemination should take lightly.
Menning, supra at 24.
In conclusion, I believe that a compensable loss and eligible damages have been asserted by plaintiffs and that they are entitled to have their cause of action tried by a jury. I would reverse.
STEWART, J., concurs in the dissenting opinion of Associate Chief Justice DURHAM.
DURHAM, Associate Chief Justice, dissenting:
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