Gay, bisexual men still face restrictions when donating sperm, contributing to shortage

Canadian Blood Services is set to lift its remaining restrictions on donations from gay and bisexual men later this year, but rules remain for another type of much-needed donation.

The announcement about blood donations was a significant step forward for the 2SLGBTQ+ community, who have long condemned the rules as discriminatory, but a man who has had sex with another man in the last three months is still unable to donate his sperm.

The three-month restriction came into effect in February 2020 under the Safety of Sperm and Ova Regulations.

Before that, men who have sex with men, or MSM donors, were required to abstain from sex for one year before donating.

Varying restrictions on MSM sperm donations go as far back as 1996. According to Health Canada, donor screening identifies risk factors for certain infectious diseases, including HIV.

“I have spoken to quite a number of men who have sex with men who have been extremely offended by the discriminatory laws,” explained Sara Cohen, a lawyer and partner at Fertility Law Canada.

There are some exceptions to the current rules. “If the recipient of the sperm has already used that sperm before … and the other exception is if that recipient already has a child using sperm from that donor.”

Still, some argue that the regulations are an extra barrier that only adds to the national sperm shortage.

In Canada, it’s estimated that about 95 per cent of sperm samples are imported, much of it from the U.S. One of the reasons is that it is illegal for Canadian sperm banks to pay donors for their samples.

“One, there’s the concept of coercion concerning financial incentive and two, some people would argue that sperm is the stuff that makes life, and we shouldn’t be commodifying parts of the human body,” explained Cohen.

Cohen said when that law came into effect in 2004, sperm donations dropped drastically across the country. Currently, only one national sperm bank recruits local men, ReproMed, in Toronto.

There is one other option that would make it easier for MSM to donate. With the direct donation, where a donor and recipient already know each other, both parties can ask a doctor to sign off on the arrangement.

With blood restrictions being lifted on MSM, is it time to change the rules for sperm donors as well?

“The community of men who have sex with men isn’t especially small, and we have such a limited supply,” explained Cohen. “So anything that would increase the number of sperm in Canada would be welcome.”

In a statement, a spokesperson from Health Canada said the agency would consider all available knowledge and scientific evidence before making any regulatory changes.

“Given the recent change to Canadian Blood Services’ screening criteria for blood donors, Health Canada will explore whether similar updates may be appropriate in the context of donor sperm and ova.”