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Sperm Donor Lawsuit Filed by Lesbian

By Andrew Lu on July 11, 2012 | Last updated on March 21, 2019

A California woman is suing the Food and Drug Administration (FDA) for "unconstitutional" sperm donor policies.

The woman is in a same-sex relationship and wants to conceive a child with her female partner. The woman has a male friend who she wants to use as a sperm donor.

However, FDA regulations prevent her from artificially inseminating herself with her friend's sperm. Instead, she is being forced to use an expensive intermediary like a sperm bank. The woman is now suing claiming that the FDA is too involved in her personal business.

According to the FDA, all sperm donors must go through a medical intermediary and undergo expensive and time-consuming medical tests before each conception attempt, reports the Huffington Post. As each attempt could cost $2,000, and oftentimes several attempts are required, this can be quite costly. The FDA regulations exist to ensure safety during sperm transmission.

The woman claims that this policy is not fair as heterosexual couples can simply have sex. The health of the parents or the health of sperm does not matter.

In her sperm donor lawsuit, the woman says that the FDA is unconstitutionally regulating private decisions in a non-commercial setting, reports the Huffington Post. Basically, the woman makes the claim that what goes on behind private doors, should remain private.

While the Constitution does not have an express privacy provision, it should be noted that the Ninth Amendment of the Bill of Rights has been interpreted to protect many individual rights not expressly enumerated elsewhere.

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