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FDA tells man to stop giving away sperm online or face $100k fine or prison time

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XiaNaphryz

LATIN, MATRIPEDICABUS, DO YOU SPEAK IT
Sperm donor feeling heat from feds:

Last month Trent Arsenault got three women pregnant - a new record for the Fremont man and father of 14 (and counting).

"I know the holidays are busy," Arsenault, 36, said with a chuckle, "but I didn't know that included babies."

Arsenault's been a sperm donor for five years, offering his semen to women he meets on the Internet for free.

But his baby-making days may be numbered.

The U.S. Food and Drug Administration has told him to stop giving away his sperm - or face a $100,000 fine or up to a year in prison - on the grounds that he's ignoring federal regulations that require blood tests every time a person donates any kind of body tissue or fluid. He's allowed to keep providing sperm while his case is pending.

Arsenault's now working with an East Coast law firm to challenge the FDA regulations, which he says shouldn't apply to individual donors who are giving away their sperm to people they know and have developed a relationship with.


Fertility experts said it's unlikely the FDA will relax its regulations. But they note that Arsenault's case is interesting in light of the fact that private sperm donations are becoming increasingly common as more people - including same-sex couples, single women, and couples who have trouble conceiving - turn to alternative means of reproduction.

"I know people will get their friends and just use the turkey baster or whatever. Clearly that happens," said Dr. Lynn Westphal, a reproductive endocrinologist at Stanford. "But there are reasons for these FDA regulations. It's safer to have the sperm tested."
Answer to an ad

Arsenault, an engineer with Hewlett-Packard, started donating sperm in December 2006, when he answered an online ad from a Bay Area couple who had trouble conceiving. Arsenault had considered donating through sperm banks, which offer money and anonymity to donors, but he was drawn to the idea of giving away his sperm for free, and being able to meet the future parents and possibly have a relationship with the children.

His donation process is simple. After the parents-to-be choose Arsenault, they give him a window of time when the woman will be ovulating. When she reaches her optimal time for conception, she contacts Arsenault.

"It only takes me 15 minutes to do my part," he said. "They'll send me a text message, and by the time they get to my house, it's hot off the press."


He stores the donation in a sterile cup, and the woman takes it somewhere else to inseminate herself.

The first child, a boy, from Arsenault's sperm was born in September 2007, and there have been 13 more children since then. Four women are currently pregnant from his sperm. Before donating the sperm, Arsenault and the parents sign contracts that absolve him of any fathering rights or responsibilities.

In all, Arsenault has given 348 sperm donations to 46 women. But it's not the number of donations that the FDA has a problem with. In a letter to Arsenault in November 2010, the agency took issue with the safety of his sperm.

Federal safeguards

Federal regulations say that sperm donors must submit to blood tests for a variety of communicable diseases - including HIV, hepatitis B and C, and syphilis - at least seven days before every donation. Those rules apply to anyone who gives sperm, even a close friend helping out a childless couple.

Arsenault has been tested at least five times over the past five years, but very few of his sperm donations fell within seven days of a blood test. The FDA isn't suggesting that there's anything wrong with Arsenault's sperm, just that he isn't testing it as often as he should.

Arsenault says that it would be prohibitively expensive for him to get blood tests every time he donated sperm - especially when he's giving it away for free. But there's good reason for the testing, fertility doctors say. Even the most trusted friends may not know they have chlamydia, for example. Or be willing to say as much.


"There's this thought process that they can use somebody they know and it's OK. But just because you 'know' someone, doesn't mean you 'know' them," said Dr. Mitch Rosen, director of the UCSF Fertility Preservation Center. "You're taking a risk."

For his part, Arsenault insists that he adheres to an especially healthy lifestyle - in fact, he makes a point of promoting that on his website, trentdonor.org, where he invites sperm recipients to learn more about him

Top quality

His sperm, he says, is top quality, owing to a low-calorie, all-organic diet that keeps him in tip-top shape. He's uploaded to his website an official sperm count report from 2008 - a report that Rosen admits is "pretty good," although not much more impressive than the average sperm donor.

Arsenault thinks he's being targeted by the FDA because he has a website where he promotes himself and his sperm donation. But his case, he thinks, could affect the larger community of grassroots sperm donation.

"What the FDA is doing infringes on reproductive rights. The government is reaching into the bedroom," Arsenault said.
"There's no precedence for my case. Whatever happens to me kind of sets the future up for all the other people in these situations - the couples plus the donors."

ba-spermman19_0504744062.jpg
 

mre

Golden Domers are chickenshit!!
This should apply to anyone in the US who has sex without a condom, including married couples!
 
i understand why he should be tested and everything, but I find it ridiculous that if he was actually having sex with these women there wouldn't be a problem at all.
 
I know this is suppose to be about the rights of the guy here, but I still can't believe that there are 46 women out there so desperate and helpless that they need to buy sperm.
 
i understand why he should be tested and everything, but I find it ridiculous that if he was actually having sex with these women there wouldn't be a problem at all.

Pretty sure the writer of that article was shaking their head and chuckling at the same time because of this
 

Barrett2

Member
I personally have a more libertarian view when it comes to selling / transferring possession of your own body parts. If he were mailing the samples through the USPS, then he has a tough argument, but if he is hand delivering a sample, then who gives a fuck? Let the man do his thang'

"It only takes me 15 minutes to do my part," he said. "They'll send me a text message, and by the time they get to my house, it's hot off the press."

Jail this man.
 

XiaNaphryz

LATIN, MATRIPEDICABUS, DO YOU SPEAK IT
I know this is suppose to be about the rights of the guy here, but I still can't believe that there are 46 women out there so desperate and helpless that they need to buy sperm.
He's not selling it to them, he's giving it away. Hence why he can't afford constant testing.
 

MechDX

Member
"It only takes me 15 minutes to do my part," he said. "They'll send me a text message, and by the time they get to my house, it's hot off the press."

Dayum! GAF has 100's of potential millionaires posting if reading OT threads is any indication.
 

Barrett2

Member
The fact that he's giving it away for free makes this case pretty interesting. If he really wanted to stick it to the courts he would have conducted all communications via carrier pigeon within state lines and hand delivered the goods. Commerce Clause be damned!!
 

mre

Golden Domers are chickenshit!!
The fact that he's giving it away for free makes this case pretty interesting. If he really wanted to stick it to the courts he would have conducted all communications via carrier pigeon within state lines and hand delivered the goods. Commerce Clause be damned!!

So your argument is that the potential introduction of a new human into the nation will have no effect on interstate commerce? :p
 

JGS

Banned
So women will take semen from anyone as long as they don't have to pay? I thought they were more selective.
It's a supply/demand issue.

There is a need for more quality free online sperm donations and FDA is blowing it.
 

slit

Member
So, it's just an objection to the delivery method. He wouldn't have to submit to any tests if they were both just in heat. Yeah, that's just completely stupid.
 

I did READ. They're buying the product for free. Maybe I should have said "take" or something. Although that's not quite the right word either. It's clearly "ordered" and not stolen and thus purchased or words of that ilk appears like an acceptable word. Especially considering my point works if they paid for it or not. Of course, this is Gaf, you concentrate on a word and then totally miss the point of the paragraph.

Let me try again -
That's not what makes it pathetic for these women to have to go find a stranger to give them sperm to reproduce. It's not the monetary aspect of it that's sad as shit for the desperate women and weird as hell for the guy. It's the ultimate decision to "I give up on humanity" when it comes to reproduction. It's bypassing every single natural protection one has for the production of an offspring. Being genetically and personality complimentary is now defined by a piece of paper with stats. Having a child that will have genetic tendencies of someone you're probably not compatible with.

I mean for gods sake, you don't know ANYONE that would be a good donator in your entire life? You went XX years and can't think of a single soul? You're gonna pick a stranger? REALLY? This isn't a couch you're "buying" (I put it in quotes for you), it's a person you're making that will end up, more than likely, a lot like the person you choose. If you can't even think of someone in your life that may make a good kid, then look in the mirror and rethink the thought of bringing someone into your little empty world. I reiterate the point: it's helpless and desperate. 2 personality traits that don't go well with a new mom/family, no matter what the situation is that brought her to this stage in her life. Asking someone you know to donate is sad enough, but can at least be based on reality and true interaction and observation. You know the person to some extent. But this, this shit, is pure sadness.
 
This is...really interesting. Seriously.

Guy's a champ as far as biological imperatives go, though.

WAIT: What if he just wants a court order that says if the ladies want free sperm, he has to provide it through natural means? Clever dog.
 

esquire

Has waited diligently to think of something to say before making this post
That's so gross. Shuddered at "hot off the press."
 

Ela Hadrun

Probably plays more games than you
I mean for gods sake, you don't know ANYONE that would be a good donator in your entire life? You went XX years and can't think of a single soul? You're gonna pick a stranger?

Okay, assume you are in a long term relationship and pregnancy because of your partner's biology. How many people do you know in your life that you would ask to
1) donate their bodily fluids to you
2) illegally, because you can't afford the testing procedures
3) allow you to have and raise their biological child with no strings attached
4) maintain complete and total confidentiality for the rest of their lives at your discretion?

I'm sure for all of these women, the fact that it was a stranger was a plus.

Seriously, the adoption system needs a serious overhaul in this country.
 
The anonymity and documentation used with sperm banks prevents a donor from having to be financially obligated to any children birthed from such donations (well, at least, in the US... for now). This guy, on the other hand, does not have those protections.. so have fun with potentially dozens of child support payments, buddy.
 
The anonymity and documentation used with sperm banks prevents a donor from having to be financially obligated to any children birthed from such donations (well, at least, in the US... for now). This guy, on the other hand, does not have those protections.. so have fun with potentially dozens of child support payments, buddy.

He's got nuttin' to worry about.
 

IceCold

Member
The anonymity and documentation used with sperm banks prevents a donor from having to be financially obligated to any children birthed from such donations (well, at least, in the US... for now). This guy, on the other hand, does not have those protections.. so have fun with potentially dozens of child support payments, buddy.

This is what I was thinking. He's taking a huge risk.
 
This is...really interesting. Seriously.

Guy's a champ as far as biological imperatives go, though.

WAIT: What if he just wants a court order that says if the ladies want free sperm, he has to provide it through natural means? Clever dog.

Well, then he is suspectible to paying child support. Not so clever.
 

ReBurn

Gold Member
He should offer a service that includes a loaded turkey baster and a small packet of lubricant. $19.95 knocked-up special. Anticipatory service is important.
 

Barrett2

Member
The anonymity and documentation used with sperm banks prevents a donor from having to be financially obligated to any children birthed from such donations (well, at least, in the US... for now). This guy, on the other hand, does not have those protections.. so have fun with potentially dozens of child support payments, buddy.

That's what im' thinking. Dude's an idiot, his mere statement in the article about wanting to maintain a 'relationship' of some kind with the mother could lead to him getting sued for child support all over the goddamn country.
 
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