A woman who wants a baby with her lesbian partner through artificial insemination is suing the government for the right to choose how she will get the sperm.
The unidentified woman from California is taking on the Food and Drug Administration, which sets the standards for sperm banks.
In a lawsuit, the woman argues she does not want to use a sperm bank as she wants to use the sperm of someone she knows, for free, without having to follow the government's regulations.
The FDA sets standards for artificial insemination at sperm banks, such as testing sperm for sexually transmitted diseases.
But the woman say the rules are an unconstitutional violation of her rights, as she should be able to start a family with whomever she wishes.
'When you are regulating private decisions between two individuals in a non-commercial context that have to do with something so intimate and personal as whether they want to have a child together, then the FDA regulations should not apply,' her lawyer Amber Abbasi told Fox News
Abassi said the woman is in a relationship with another woman and wants a child, but does not want to go to a sperm bank as she wants to know the father.
She also wants the child to have a relationship with the father and is concerned about the cost of using a sperm bank.
The suit adds she 'does not want to be forced to engage in sexual intercourse with a male partner to conceive a child, even though such a male partner would not be subject to FDA-required screening and testing and other FDA-mandated donor-eligibility requirements'.
The FDA rules come from a 1944 law passed by Congress instilling the regulations to prevent the spread of communicable diseases.
The rules were later applied to sperm banks and donors in order to prevent infections.
One donor in California is under investigation by the FDA for donating sperm privately, at no cost.
Trent Arsenault, 36, has reportedly made 328 semen donations to 46 couples, fathering at least 14 children.
His website includes details of his recent tests for sexually transmitted diseases, as well as other health information.
'It is helping people in need,' he told CBS. 'I don't make any money. I don't charge people anything. It's just helping childless couples have children.'
Article: 5th July 2012 www.dailymail.co.uk
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