An Oakland, Calif., woman and her long-term partner wanted to start a family.She did not want to have heterosexual intercourse, nor did she want to use a medical intermediary -- like a sperm bank or doctor -- and pay a fee to get pregnant.
Instead, she wanted to use a free sperm sample from a man she had chosen, and inseminate herself.
However, FDA regulations state that "any establishment that performs one or more manufacturing steps" for donating sperm samples -- from producing a sample, having it analyzed, storing it, to providing it to a recipient -- must register with the agency and get tested for communicable diseases that may be transmitted through artificial insemination.These regulations may also apply to uncompensated donors, like the one she and her partner sought out.
After the
recent cease order issued by the FDA to Trent Arsenault, a free sperm donor from Acampo, Calif., ordering him to stop "manufacturing" and supplying couples with sperm who are seeking to get pregnant, the woman wanted to err on the side of caution.
As a result, she is suing, under the name Jane Doe, the commissioner of the U.S. Federal Drug Administration (FDA) and the secretary of the U.S. Department of Health and Human Services, claiming its regulations violate her rights to privacy for telling her how she should be allowed to conceive a child.
http://abcnews.go.com/US/woman-sues-...ry?id=16755422