Канада отменяет дискриминационные ограничения для геев и бисексуалов при сдаче спермы

Canada will lift restrictions that have prevented some gay and bisexual men from donating sperm by eliminating questions about recent anal sex from its screening process. Health Canada, the federal department responsible for national health policy, said that beginning this fall, potential sperm donors will no longer be asked whether they have recently had anal sex with a new partner or multiple partners. Instead, all donors will be rigorously tested for infectious diseases, including HIV and hepatitis B and C. Supporters of the change argue that asking whether a donor has engaged in anal sex does not accurately measure risk because it fails to account for condom use or preventive medications such as pre-exposure prophylaxis, or PrEP. The screening questions also did not distinguish between donors with new or multiple partners and those in monogamous relationships with HIV-negative partners. “The Government of Canada is committed to making sure that sperm and ova donation policies are safe, non-discriminatory and based on scientific evidence,” Health Canada said in a statement emailed to CBC Radio. Before 2024, Health Canada prohibited sperm donations from men who had sex with men during the previous three months, on the grounds that they were at higher risk of HIV and other sexually transmitted infections. Women seeking to donate eggs were also asked whether they had sex with men who had sex with men. A Toronto man identified as Aziz M. sued Health Canada in 2023, arguing that its donation restrictions were unconstitutional and discriminatory. While Aziz M.’s lawsuit continued to work its way through the courts, Health Canada ended its blanket ban on donations from men who have sex with men in 2024. It replaced the ban with behavior-based screening questions about anal sex with a new partner or multiple partners. Aziz M., who began donating sperm in 2014, before he was out or sexually active, has helped a family conceive a child. He calls it a “wonderful experience” that has “enriched my life immensely,” but said he was determined to end what he considered discriminatory restrictions on gay and bisexual sperm donors. Although receptive anal intercourse is considered a risk factor for acquiring sexually transmitted infections, three medical experts who submitted affidavits in Aziz M.’s lawsuit said Health Canada’s screening and testing process is thorough enough to detect potential infections. As part of the screening process, every sperm donation is tested for infectious diseases when it is collected, quarantined for at least 180 days, and tested again before being released for use. That period exceeds the so-called “window period” — typically a few weeks — during which HIV or other bloodborne infections may not yet be detectable in an infected donor. “Current HIV testing methods are highly sensitive and accurate, such that there is effectively no residual risk associated with current testing methods,” Dr. Mona Loutfy, a Toronto-based infectious disease physician, wrote in an affidavit filed in the case. Emily McIntosh, executive director of the Canadian Fertility and Andrology Society, noted that the current testing process is “quite rigorous,” while assessments of sexual behavior rely on the assumption that people are “answering all questions truthfully or to the best of their knowledge.” CBC Radio cited research published last year in the journal Transfusion that found behavior-based questionnaires ineffective for screening blood donors — whose screening and testing process closely resembles that used for sperm donors — because participants may not disclose their full sexual histories or may omit relevant information about their sexual practices. McIntosh noted that allowing more people to donate sperm could expand Canada’s small pool of eligible donors. Sperm may be donated only altruistically in Canada, where compensating people for donating genetic material is illegal. Bennett Jensen, legal director of Egale Canada, an LGBTQ advocacy group, said the previous sperm donation restrictions unfairly singled out men who have sex with men without a scientific basis. “I think it comes down to the humanity, recognizing the humanity of queer people,” he said. “The queer community has dealt with these kinds of stereotypes, discrimination, bigotry over the history that we have existed. And I think that it’s an important message to Canadians that you know were all deserving of participating in the creation of families.” These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!