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(Orlando, Florida) An
Orlando man has filed a complaint with Orlando Human Rights Board
after being denied fertility services because of his sexual orientation.
Dennis Barros, an Orlando veterinarian, and his partner
Derek Smith, decided to have a child with a surrogate mother who
agreed to carry an implanted egg.
They sought fertility services
with Dr. Frank Riggall, a practicing fertility doctor.
After initially
agreeing to provide services for the couple, Dr. Riggall's offices sent Barros a
letter saying they were denying him fertility services because performing the
procedure would breach FDA guidelines.
The formal complaint was filed Wednesday by
Lambda Legal which is representing Barros. It cites Orlando's non-discrimination
ordinance which includes gays and lesbians.
"Dr. Barros was denied services not
because of any real medical risk, but solely because of his sexual
orientation," said, Gregory Nevins, Senior Staff Attorney in Lambda Legal's
Southern Regional Office.
"The FDA's recommendations
against sperm donation by men who have sex with men are scientifically
unfounded, furthermore, they are clearly not applicable in this case."
The FDA currently has two categories of
sperm donors: Those who are "directed donors" - men who are donating
sperm
to a consenting woman - and "anonymous donors" - those men who donate to a sperm
bank.
In the case of directed donors, there are minimal restrictions, mostly
relying on the consent of the recipient, such as in the Barros matter, said
Nevins.
In
the case of anonymous donation, the FDA does not have a mandate that excludes
men who have sex with men from being donors, however, it does suggest that men
who have had sex with men in the past five years be excluded.
In all
anonymous donations, sperm banks are directed by the FDA to screen for multiple
infections including HIV, hepatitis B and C, and various others, freeze the
sperm and test the donor again in six months in order to insure that no woman
receives sperm from an infected donor, making the recommended ban on men who
have sex with men unnecessary.
Nevins said that Lambda Legal has been working with the FDA
to create nondiscriminatory policies regarding sperm donation by men who have
sex with men.
In 2004, the organization submitted a letter to the FDA with
recommendations, after which the FDA changed their guidelines on directed
donation.
©365Gay.com 2006
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