Sperm Bank and Legal Aspects: All you need to knowDr Asha S Vijay

Sperm banks have become commonplace now, more than ever before. There are various reasons why couples opt for donor sperm and approach the sperm banks or semen banks.

One reason is the rise of infertility due to increased stress and lifestyle choices. Sometimes, the male partner may have very little or no sperms in their semen (called azoospermia), leading a couple to opt for donated sperms. At other times, the male partner may have cancer and undergo chemotherapy, making him sterile. Before starting the chemotherapy, such men may freeze their sperms at a semen bank. There are also times when the couples live in different cities, and they cannot be with each other to allow conception. They preserve the husband’s sperms at such times, and the couple can use that to induce pregnancy, even in the husband’s absence. So sperm banks can help couples have a child by providing the male partner’s frozen sperm or donor’s sperm.

When there are genetic disorders in men, and there is a risk of passing the disease to the newborn, they approach sperm banks.

In cases where sperms have to be surgically retrieved due to blockage in the tubal system of testes. In this condition, the retrieved sperms are frozen in a semen bank.

There are times when there are no sperms in the testes due to testicular failure. Then also, sperm banks are needed for providing donated sperm for the couple to have a child.

When couples cannot afford the ICSI cycle, they can choose artificial insemination using donor sperm-based IUI.

A sperm bank is a facility where human semen is bought, preserved, and sold.

There are specific guidelines that a sperm bank has to follow for sperm donation.

• Evaluation of donor on a psychological level: A psychotherapist meets with the donor and talks with him about the psychological and emotional aspects of the sperm donation. The psychotherapist asks the donor various questions to ensure their mental fitness. If there is a partner, then her interview is also taken.

• Medical History: A qualified doctor then takes the past medical history of the donor and the history of his family, to identify any genetic defect.

• Medical checkup: The donor then has to undergo a health checkup to know about the body. The donor has to give blood and urine samples for checking about any disease or infections. They check for any infectious or autoimmune diseases, allergies, etc.

• Semen testing: Before one becomes an official donor, his semen sample is collected and tasted. The sperm motility, count, and shape are noted. The sperm structure should be okay, and 40% of the sperm should be moving.

• Genetic testing: The blood test is done to determine if the donor has any genetic disorders that can cause life risks to the child. Besides this, the doctors take the family history and check the racial background to learn about the diseases that are specific to certain races only.

• Sexual and personal history: The person has to tell all the details of his sexual life to date. He is asked about the addictions like smoking, drinking, etc., to check if he is at risk of developing many severe health conditions. Besides this, his interests, hobbies, educational background are also recorded. The donor has to give his audio and video recordings as well. Quarantine Process If the screening tests come out to be in the normal range, then the samples for sperm donation are collected. After the sample is collected, the bank preserves it through the cryopreservation method in the sperm bank. The collected sample is then kept in quarantine for six months. The donor has to physically come again and give one more sample after six months. At this time, viral investigations and other tests are done again. If he is cleared now, the extracted sample is released for donation. A new model is taken from him, and this process continues. Therefore, this eliminates the risk of viral and other infections that may have been caught recently and may only show up in due course.

• Donating sperms is legal in India but only for childless Indian couples.

• The donor of the sperm can claim no right over the surrogate child.

• According to the proposed legislation, a semen bank cannot use the sperms of a single donor more than 75 times.

• Identity of the donor should be anonymous to the recipient

• All records of the donor and the sample should be maintained for 20 years and should be released only if there is a relevant court order