New Rules For Sperm Donors

Banning Donations From Sexually Active Homosexuals

(AP)  "The part I find most offensive — and a little frightening — is that it isn't based on good science," Cathcart said. "There's a steadily increasing trend of heterosexual transmission of HIV, and yet the FDA still has this notion that you protect people by putting gay men out of the pool."

In a letter to the FDA, Lambda Legal has suggested a screening procedure based on sexual behavior, not sexual orientation. Prospective donors — gay or straight — would be rejected if they had engaged in unprotected sex in the previous 12 months with an HIV-positive person, an illegal drug user, or "an individual of unknown HIV status outside of a monogamous relationship."

But an FDA spokeswoman cited FDA documents suggesting that officials felt the broader exclusion was prudent even if it affected gay men who practice safe sex.

"The FDA is very much aware that strict exclusion policies eliminate some safe donors," said one document.

Many doctors and fertility clinics already have been rejecting gay sperm donors, citing the pending FDA rules or existing regulations of the American Society for Reproductive Medicine.

"With an anonymous sperm donor, you can't be too careful," said a society spokeswoman, Eleanor Nicoll. "Our concern is for the health of the recipient, not to let more and more people be sperm donors."

The FDA rules do not prohibit gay men from serving as "directed" sperm donors. If a woman wishing to become pregnant knows a gay man and asks that he provide sperm for artificial insemination, a clinic could provide that service even if the man had engaged in sex with other men within five years.