Health Canada will change its long-standing policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
The federal health agency adopted a revised directive that lifts the ban on gay, bisexual and other men having sex with men, effective May 8.
The policy change would eliminate current donor selection criteria, allowing men who have sex with men to legally donate sperm for the first time in more than 30 years, as part of the anonymous donation process.
This update comes after CTV News first reported last year that a gay man was taking the federal government to court, challenging the constitutionality of the policy on the basis that it violates the right to equality in the Charter of Rights and Freedoms.
According to an email Health Canada sent to stakeholders informing them of upcoming amendments to the federal directive, “sperm donors will be asked gender-neutral donor screening questions based on sexual behavior,” more in line with the 2022 change made by Canadian Blood Services to its donation policy.
However, rather than completely eradicating restrictions for gay and bisexual men, lawyer Gregory Ko, whose client, Aziz M., brought the case, warned that Health Canada will continue to prohibit donations from those who have had new or multiple partners in the last three years. months, based on screening questions about anal sex. CTV News has agreed to protect Aziz M.’s full identity over concerns about his privacy.
Ko said that while the update is an important milestone that makes the sperm donation system more inclusive, his client intends to maintain his challenge against Health Canada’s directive “and the continued discrimination contained in this latest review.” .
“Based on our understanding of the science, there is no scientific justification for screening criteria that continue to discriminate based on sexual activity and sexual orientation, since the testing and quarantine protocols that already exist allow sperm banks to detect infections and exclude donations,” Ko said.
“We have gone from direct discrimination to indirect discrimination, both prohibited by the Charter.”
Currently, Health Canada – through what is called “Technical Requirements for Conducting Sperm and Egg Donor Suitability Assessment” – prohibits gay and bisexual men from donating sperm to a general-use sperm bank, unless they have been abstinent for three months or are donating to someone they know.
For example, it prevents any sexually active gay man from donating, even if he is in a long-term monogamous relationship. This goes back decades and is related to concerns about HIV transmission.
Under the “Safety of sperm and egg regulation” Sperm banks operating in Canada must consider these potential donors “unsuitable,” even though all donations are subject to high standards of screening, testing and a six-month quarantine before they can be used.
While the directive does not mention transgender or non-binary donors, the policy also applies to people who may not identify as men but would be categorized as men under the directive.
It’s a blanket policy that the Toronto man who sued said made him feel like a “second-class citizen” since he was previously able to donate and help a lesbian couple conceive before coming out as gay. His position is that this goes to the heart of the many barriers that exist for LGBTQ2S+ Canadians seeking to have children.
In Canada, there are two streams of sperm donation. One involves sperm donations made to a sperm bank for general use, which is considered the “regular process.”
The other is known as the “direct donation process” and involves donations of sperm from a donor to a recipient who know each other. In these cases, sexually active gay and bisexual men can donate as long as the recipient signs a waiver.
The case related to this policy change focuses on the first stream.
When CTV News first reported on the lawsuit, Health Canada and several federal ministers said they would be “exploring” a policy change, citing progress made on blood donation rules.
The update, which also changes the selection criteria for egg donors, follows “consultations held in August 2023 and January 2024” with donor selection experts, LGBTQ2S+ groups, patient associations and the industry, according to Health Canada.
In a statement to CTV News, agency spokesperson Mark Johnson said the federal government is “committed to ensuring that sperm and egg donation policies are safe, non-discriminatory and based on science.”
“After a review of the latest scientific evidence and feedback received from recent consultations, Health Canada is updating the donor selection criteria…This change will not compromise the safety of donated sperm and eggs in Canada.”
Prime Minister Justin Trudeau and his government faced considerable pressure from the LGBTQ2S+ community after promising for years to end the blood ban, and when it was lifted, he applauded the end of what he said was a “discriminatory and discriminatory” policy. incorrect.”
It has been argued that the federal health minister has the power to issue a directive and change these policies.
In a statement to CTV News, Health Minister Mark Holland’s office cited the same review and consultations as the department, and did not directly comment on what involvement he had in the upcoming change or whether he thought the outgoing policy was discriminatory.