Monday, January 29, 2007

Ontario Court: Gay sperm donors can be rejected

It does not violate the Charter of Rights and Freedoms to restrict gay men from donating to sperm banks, according to the Ontario Court of Appeal.

The ruling - which was released Jan. 12, but received little coverage at the time - rejected the claim of a Toronto lesbian, known as Susan Doe, who argued that it violated her constitutional rights to exclude the semen of gay men, including that of a gay friend who was willing to help her become pregnant.

The ban, contained in the federal Processing of Semen for Assisted Contraception Regulations, is "rational and health based," a three-judge panel said.

The regulations prohibit the use of semen from all men who have had sex with another man - termed MSMs - since 1977, to reduce the risk of infectious diseases such as HIV being spread to women and unborn children.

"The medical evidence in the record establishes that there is a higher prevalence of HIV and hepatitis among men in the MSM category," the decision said.


I wonder if this will be appealed to The Supreme Court.

You know, she could have just by-passed this by having sex. But I guess she feels entitled to a child, and that society is obliged to assist her in that quest.