Monday, July 09, 2012

Same Federal Government That Bans Compensation for Organs, Shuts Down Man Donating Free Sperm

The federal government outlawed the sale of human organs in 1984, and until a recent legal challenge that even included a ban against receiving compensation for bone marrow.  For organs like kidneys, an altruistic donation, sometimes from a complete stranger, is the only legal method of kidney exchange, and any form of compensation is illegal.

Given the federal ban on compensation for human organs, you would think the federal government would have no problem with Trent Arsenault, who donates sperm for free.  But you would be very, very wrong, see this New York Daily News article:  

"The Food and Drug Administration wants to shut down a do-it-yourself sperm bank of one. Trent Arsenault, 36, says he donates semen to low-income and same-sex couples who face hurdles acquiring it at licensed sperm banks.

"It is helping people in need," the Fremont, California, resident told CBS San Francisco. "I don't make any money, I don't charge people anything. And it's just helping childless couples have children."

The FDA disagrees. In a Cease Manufacturing letter delivered on Nov. 1 of last year, the FDA classified Arsenault's setup as a "firm" that "recovers and distributes semen and therefore is a manufacturer of human cells, tissues and cellular and tissue-based products.

Arsenault certainly seems to be meeting a demand. He told CBS he has received some 20,000 email inquiries and he has fathered 14 children since his first sperm donation to a teacher in 2004. The FDA estimated that Arsenault dealt out 328 semen donations to 46 recipients between 2006 and 2010.

To market the free sperm donations, Arsenault started the Web site TrentDonor.org, where he displays a wealth of personal information ranging from his ethnic background and personal identification documents to medical reports displaying his sperm count and test results for sexually transmitted diseases. On a page titled "Hospital photos sent by recipients," Arsenault displays 15 images of babies presumably fathered with his assistance."

MP: As far as I can tell, the FDA's case against Trent Arsenault is still pending.

HT: Morgan Frank

15 Comments:

At 7/09/2012 10:55 AM, Blogger Jon Murphy said...

So, the FDA's complaint is not that he could be potentially spreading STDs, skipping out on child care payments, being a male prositute or anything that might harm other people. Their complaint is that he is "manufacturing human cells and distributing them?"

Really? Really?!

Regardless of how you may feel about organ sales, this has to be the FDA crossing a line. I mean, how can anyone possibly argue for this?

 
At 7/09/2012 11:16 AM, Blogger juandos said...

"Regardless of how you may feel about organ sales, this has to be the FDA crossing a line. I mean, how can anyone possibly argue for this?"...

Can you say ObamaCare?

I mean its just one in a long line of bizare federal money scams...

 
At 7/09/2012 11:18 AM, Blogger Ken said...

the FDA classified Arsenault's setup as a "firm" that "recovers and distributes semen and therefore is a manufacturer of human cells, tissues and cellular and tissue-based products.

This is so overly broad that this applies to every human being on earth who is having sex and looks to be a backdoor for the FDA to regulate sex.

 
At 7/09/2012 11:21 AM, Blogger morganovich said...

http://www.sfgate.com/lgbt/article/Woman-sues-FDA-for-right-to-use-donor-s-free-sperm-3692207.php

they also demand about $800 in tests for every sperm donation.

this woman is trying to sue not to have to pay for tests on the sperm being donated by a friend.

you could stand a spoon in the irony here it's so thick.

so, making a baby "the old fashioned way" is fine with no tests, but if the sperm hits a test tube at some point, suddenly we have a whole new set of standards because docs wanna get paid?

you can freely accept the sperm of anyone you have sex with, but not if you don't?

i don't know whether to be more offended by the stupidity or the cupidity.

 
At 7/09/2012 11:35 AM, Blogger Moe said...

They may stop the distributing, but the manufacturing is probably gonna keep going.

 
At 7/09/2012 12:59 PM, Blogger Buddy R Pacifico said...

"Arsenault certainly seems to be meeting a demand. He told CBS he has received some 20,000 email inquiries and he has fathered 14 children since...

Look for the first action by a newly appointed Sperm Czar to be:

an investigation into this fellow's possible low sperm count.

 
At 7/09/2012 1:10 PM, Blogger pkd said...

@Ken,

You hit it on the head. Anyone living "is a manufacturer of human cells, tissues and cellular and tissue-based products". By that description, I think you don't even need to have functioning gonads.

 
At 7/09/2012 2:02 PM, Blogger geoih said...

Come on people, you need to think outside the box. Wait until the the politicians and bureaucrats finally realize the demographic problem with the welfare state and they start taxing you for NOT donating.

Of course, then we'll see a real fight between the welfarists and the environmentalists.

 
At 7/09/2012 2:02 PM, Blogger geoih said...

Come on people, you need to think outside the box. Wait until the the politicians and bureaucrats finally realize the demographic problem with the welfare state and they start taxing you for NOT donating.

Of course, then we'll see a real fight between the welfarists and the environmentalists.

 
At 7/09/2012 2:40 PM, Blogger Jon Murphy said...

Of course, the implicit argument here is that you don't own your own body.

 
At 7/09/2012 5:03 PM, OpenID moneyjihad said...

He donates to those "...who face hurdles acquiring it at licensed sperm banks"?

Doesn't he at least have a local business license from his city/county?

No LLC?

I don't like the feds being involved, but the state of California would be within its bounds to regulate activity such as this.

 
At 7/09/2012 5:31 PM, Blogger morganovich said...

money-

really? why?

you can give away all the free sperm you want if you have sex.

but if you put it in a cup and give it away, suddenly that's illegal?

by what rationale does that make sense?

 
At 7/09/2012 7:26 PM, Blogger jdt said...

This guys good deed will not go unpunished. Wait until he gets slapped with a suit from one of these women looking for child support.

 
At 7/10/2012 12:31 AM, Blogger Smera said...

Come on people,this is not fair..the same government bans the donating sperm too..??

 
At 7/10/2012 6:25 AM, Blogger Methinks said...

Regardless of how you may feel about organ sales, this has to be the FDA crossing a line. I mean, how can anyone possibly argue for this?

CJ Roberts will find a way to accept whatever ridiculous argument the FDA makes.

Also, it's neat that the FDA is totally shocked men have the temerity to manufacture sperm. It's not as if this guy is the only one sprinkling his around for free.

 

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