Sperm Banks Accused of Losing Samples and Lying About Donors

Jul 22, 2016 · 70 comments
Shermanesque (USA)
To the Republican Party: THIS is why we need regulations.
David Campbell (Houston)
Hopefully, this industry can come full circle and operate with at least a modicum of responsibility and morality. This would be a load off the backs of so many who desperately need their services.
SDK (Boston, MA)
I was conceived this way in the late 60s when this was practically a backroom procedure. In terms of social acceptance, today is a different world. In terms of appropriate regulation, almost nothing has changed. This is an industry that has profound effects and it is essentially profit-driven and entirely unregulated. There have been cases like this, cases of children with genetic disorders, cases of 50-100 children being born form a single donor, cases of incest and near-incest in smaller communities. People are still lying to their children. As with lying about adoption, children continue to be emotionally destroyed by those lies. I do not oppose this industry or this practice. I am gay and used a donor to conceive my own child. But we cannot allow the fox to watch the henhouse.

This industry needs to be driven by the best interests of the children created by it -- not by the needs of parents, doctors, investors or anyone else. And the only way that can possibly happen is through regulation.
SDK (Boston, MA)
I cannot tell you how many times donor-conceived people have been told that their records were "destroyed in a fire". Someone really should look into the disproportionately high rate of office fires that seems to be plaguing this industry!
bengal11Danielle100399 (Bloomfield, NJ)
The thought of sperm banks using people's sperm--or rather, losing people's sperm, is very alarming. Consider Ms. Robertson, who wanted her late husband's eggs because she wished to fulfill their dream of having a child. Ultimately, it had been tarnished due to the sperm bank evidently misappropriating the use of his vials. Now she cannot uphold that dream. Meanwhile, another sperm bank gives false advertisement and there are multiple cases of mishaps within the process of handing out vials in several others. If this is only part of the many reasons why sperm banks are being filed against, and that is apparently the case, I can only see a downhill slope of further exploitation and unprofessionalism for this kind of business. To put it briefly, I would not consider purchasing sperm in general. Learning that some sperm banks run like an untrustworthy, careless business, it just adds on to the list of reasons why I would not lean heavily on the business of sperm banks.
John Smith (Saratoga)
The dark secret is that half the donors are functioning junkies that need cash. Better off personally knowing the donor and dealing with the emotional complexities rather than trusting to some profit corporation the genes of your child.
Jim (Beaverton, OR)
What is your source for that?
LKL (Stockton CA)
What is more frightening or upsetting than having the saved sperm from the deceased husband go "missing" is that someone who inherited a genetic disorder that was causing his death ( at AGE 29 !) would donate sperm in the first place!
Now there are unknown ? children who have been born with that genetic disorder.
What a nightmare.
And yes, I agree, many donors do it for profit and are NOT well screened. That's a no brainer.
Ronald Weinstein (New York)
Mr Saadat (has anyone verified his credentials?) likely has no refrigerated samples at all. Unlikely he even keeps a refrigerator. That costs money and cuts margins. Probably replenishes "bank" on as needed basis.
I'm the "Result" (NJ)
For the record, MANY donor conceived people who are actively looking for family do not like Wendy Kramer and have had little help from her website, which essentially traps people with paid membership and then often disappoints - anyone who matches must also have a paid or lifetime membership to show up in the search.

There is a free donor conceived registry here: donorchildren.com

If you want testimonies of donor conceived people who know the implications of these practices - particularly being treated like a product (the term "results" for human beings just makes me shudder) - find us at the Coalition Against Reproductive Trafficking website. I think it'd add a more holistic and in-depth followup to your story on the complexity of these issues.

For now, check out my friend Stephanie's blog: https://donorkinderen.wordpress.com/2016/07/03/1-set-of-triplets-2-biolo...
Cj (New York)
It's important to note the often ignored feelings of donor offspring, particularly when they've reached maturity and have more complex thoughts about it. There are probably many more negative feelings than both the industry and donor parents would like to acknowledge, not to say there aren't all kinds of experiences. I do have to defend Wendy though...she dedicates her life to fight for the rights of donor offspring. Like thousands of other parents, she had no idea of the full implications of using a donor to conceive her son and when he started to have questions, instead of sticking her head in the sand she took action. Yes, she charges money, because a website and her research is expensive to maintain. There is no guarantee that you will find a match there but she has no control over who signs up. The more the word spreads the more members there are and she does more to fight corruption in the donor industry than anyone else there is.
Tournachonadar (Illiana)
Another bizarre contrivance of science that owes so much to unethical experiments of the 1940s, and that is so reminiscent of a certain eugenic fascism. The downside of artificial insemination has been cogently presented, but one still asks, why avail oneself of it at all? Another "advance" that is actually but a step into a nightmare...
Passion for Peaches (Left Coast)
Putting aside the unethical and criminally negligent behavior of the sperm bank, which knowingly misused Ms. Robertson's husband's sperm and exposed other clients and thier babies to serious risks, I am floored by the ethical choices of Ms, Robertson herself. To purposely create a baby that you know has a fifty percent chance of inheriting a potentially fatal disease, just to carry on the line of a husband who passed on many years ago, is not within my ethical parameters. Is it ethical to create an embryo with the idea that it will be terminated if the resulting fetus is genetically acceptable on examination? This is legal, of course, but is it ethical? I am not anti-choice, but my pro-choice stance has limits. This lies outside those limits. Way outside.
Lesbian Mom (Boston)
No one who uses donated sperm thinks of the donor as a "father". NYT always describes the donors in that way and it reflects a basic misunderstanding of why people use sperm banks.

Out of curiosity, what are the damages to the lesbian couple who received sperm of a black man instead of a white man, assuming the child is otherwise healthy? I think that's a dangerous path to go down, personally.

I live in the queer community and so many of us have used sperm donors and are thrilled with the results (our loving and thriving children!). I think we need a lot more information before any regulation is put in place. Most of us took a buyer beware approach consistent with what the article describes and realized that the self-reporting of the donor did not give us much more comfort about what our children would be like than, say, the self-reporting of our partners/our own families or the home environments that we would create for our children.
Passion for Peaches (Left Coast)
Don't you think it would be easier if a friend could donate sperm and be protected from any paternity claims, while totally ceding his all rights to the child? More than twenty years ago I knew a lesbian couple who turned down several offers from close (gay) male friends to provide sperm for their planned baby. The worry at that time was that those donors/fathers might at some time claim parental rights, or that things might otherwise get complicated. I don't know whether this kind of sperm donation is doable now, legally, or if it is still risky. But if I put myself into the place of a woman facing the prospect of anonymous sperm (and I speak as a woman who was unable to have a baby), I know I would be so much comfortable using the sperm of a dear, known, loved, and understanding friend. I realize some women may prefer the anonymity. I just don't understand why.
ReaderAbroad (a)
"NYT always describes the donors in that way and it reflects a basic misunderstanding of why people use sperm banks."

And your comment reflects a basic misunderstanding of biology.

Would you agree that when two gay men rent a womb, the child does not have a mother? That would be absurd, too.

Your child DOES have a father. And one day, your child will want to know him.

And all the politically correct language in the world will not change this.

(But soon enough, we will have the technology to fuse two sperm cells or two egg cells.)
Cj (New York)
"I think we need a lot more information before any regulation is put in place." This comment is coming from a place of self-interest rather than thinking about the offspring you are producing, which I can empathize with on a certain level if you will require someone else's sperm to produce a child. However, it should never, ever be about the parent and always about the living, breathing human being you are producing.

A "buyer beware" approach? Buyer beware would apply to things like the mortgage crisis, Ponzi schemes and elections. But not when you're creating a person. You say that a self-reporting partner wouldn't be much different, but it would, in so many ways, not the first of which would be you'd have the benefit of knowing if a health risk had appeared in your family previously. Why should a bank be able to get away with giving someone the wrong sperm? How about if they gave someone the wrong blood? The sperm banks are running an extremely morally dubious business on this and many other counts, and nobody's right to have a child should supercede a child's right to their health and identity.
Reasonable Facsimile (Florida)
Did Aaron have a brother or cousin who could donate? Trying not to be mean but after ten years maybe she should move forward with her life. In fact I'm guessing that she has moved on but got a shock when something she thought was there, wasn't.
OP (EN)
I had a younger brother who died accidently before marriage or kids. At his wake relatives commented on how sad he'd not had any children, (he was by far the best looking and most athletic in the entire generation). Little did they know he had donated his sperm, twice, to an infertile couple he knew. They asked him and he agreed.
So he DOES have two kids out there in the world. How do I tell my mother or others this when he confided in me with this information? I decided to keep quiet.

The ethics involved with any or all of this bodily fluid donation business is questionable.

This sperm bank could have easily lied to Ms. Robertson and just gave her someone else's sperm with similar hair/eye color traits. She should consider herself lucky.
redplanet (California)
How do you tell your mother? Here's how: "I have wonderful news for you Mom. You have grandchildren. Your son lives on in them and that's a gift he left behind." My question to you? How can you not? Family secrets, lies, gilding the lily, obscuring the truth, make believe, pretense - it's family dynamics at their worst. . And if you can't handle the truth, do it for the kids. They didn't sign consent forms to be experimental kids - they need to know bio dads. Lesbian and gay parents: as much as you want kids of your own, they want parents of their own. You won't lose their love by being truthful and you will most likely gain their respect. And to the women I know who think "slutting around Europe" and getting pregnant and not knowing who the dad is is a wonderful answer, you have sadly lost touch with feelings for the human being you are producing from random penises.
Matt (PA)
and why would she want sperm with such a high chance of containing the genetic disease that killed him?
Maurelius (Westport)
@OP - I'm sorry for your loss and hope I don't come across as being mean but why was it sad that your brother didn't have children? Does the fact that he was "the most athletic and best looking in the entire generation" make a difference?

We are always judging others lives as to whether they are married or have children.

I'm asked numerous times by people who don't know me if I'm married, no but why does it matter? But don't you want kids, sure I do but if I don't have any or didn't want them, does that make my life any less fulfilling.

I think the tragedy about your brother is that he died young and I'm assuming here that he did.
thomas bishop (LA)
"Some of the new cases accuse sperm banks of careless record-keeping, or mishandling or misappropriation of sperm banked for a client’s personal use. Others say the banks use hyped, misleading descriptions to market their donors."

not to sound flippant about a serious issue, but relative to what? almost by nature, marketing is hyped and biased. even more serious, there are countless human errors in various medical industries. the issue is really how careful can we be and want to be.
WEH (YONKERS ny)
now just imagine the cases had to be settled by arbitration. Hey folk got to watch the fine print. The devils in the details. Hopeful the concept of absolute product liability will prevail here. ,
Sarah T (California)
This is horrifying.

Any industry that is involved in the creation of living, breathing human beings should be regulated as strictly as possible. Hopefully this article will create an impetus for further legal regulation.
Amy S (Baltimore)
Obviously banks shouldn't lose things, but... The whole notion of intentionally using a dead person's sperm to father a child is weird and creepy. Somehow even an anonymous donor seems far more fair to the child to me.
human being (USA)
Why? The child of a living couple could lose the father to death early on. While not identical, the situation is similar. The child does not know the father.

I would be concerned about two things, though: 1. the identity of the donor--am I getting the sperm of the person I think I am? 2. the "quality" of the sperm.

If these labs are so carelesss as to mix up samples (or more deviously sell them knowingly even if they were to be stored long term), how well are the labs maintaining the samples? Has the sperm been consistently and constantly maintained over its life or have freezers malfunctioned and sperm wholly or partially defrosted and been frozen again? What effect might this have? If there is no regulation, then how do we know? When the health department inspects eateries, one thing they examine is whether cold foods are maintained at sufficiently cold temperature.

In addition, has the sperm been exposed to contaminants? If so, what is their effect on the sperm? Using the example of an eatery, again, the inspector looks for infestations, surfaces that are cleaned sufficiently so there is no cross-contamination of raw foods..

Surely these sperm banks should have the minimal regulation eateries do. We are talking conceiving human life here, not potential food poisoning-no matter how deadly it sometimes may be.
Dallee (Florida)
Sperm sellers, indeed! Anyone who has seen a lawsuit or two involving sperm banks would be very skeptical about their purported adherence to medical ethical standards. I've seen some and that was my conclusion, reached with absolute certainty.

A fine article, reflecting an appropriate amount of data on the weaknesses of the industry and the amount of "no comments" by those involved.
David (Flushing)
Having worked in a medical laboratory for 40 years, I can assure people that the most important aspect of the work is not mixing up samples. It is desirable that two identifiers be used and checked in each manipulation. Increasingly, barcodes are helpful for this, but care must be taken that the labels do not deteriorate in the liquid nitrogen.
moosemaps (Vermont)
Steer clear of the sleek shiny sperm banks, the ones that seem all about profits because they are, well, all about profits. There is at least one nonprofit one that is smart, well run, and kind. And of course there is a great need for regulation. The government should force regulations as it does with other medical matters.
Harlan Kanoa Sheppard (Honolulu)
There's something shockingly casual about six missing vials of sperm. I took for granted that these were well run places with a degree of state or federal oversight.
Melissa Lipnutz (Here)
"Jennifer Cramblett, a white Ohio mother and her [lesbian] partner had been sent vials from Donor 330, an African-American donor, rather than Donor 380, the white donor they had chosen, according to her lawsuit."

That would make a good made-for-TV movie
Mikhail (Mikhailistan)
It would make sense to establish one or more 'sperm exchanges' or trading hubs, where clients could search for and contract with multiple storage providers simultaneously -- using redundancy to provide increased reliability.

This is the equivalent of 'cloud' data storage strategies that involve storing copies of client data at multiple geographic sites. The exchange operator could negotiate the 'sperm cloud' storage contracts on behalf of clients.

During the collection/storage process, the operator could provide additional value-added services like genetic screening, etc.

During the retrieval process, the operator could cross-check samples to ensure they haven't been inadvertently mislabeled or mishandled.

Having this type of exchange mechanism would enable more effective regulatory controls.

It would increase transparency and market competition within the industry, presumably leading to improved cost and quality.

As a further value-added service, the exchange mechanism could hypothetically broker transactions involving more 'flexible' market-driven pricing mechanisms between donors and purchasers based on the quality of the materials furnished -- to be assessed using the latest in DNA testing technologies.

Future services could include a variety of genomic editing services for less-than-optimal samples.
frank scott (richmond,ca.)
"market competition" , the private profit motive and individual egomania are at the root of this disgusting practice which makes the frankenstein story seem a sweet moral parable by comparison..what is so bad about adopting a child who already exists and needs a home and parents? which is not to say that also doesn't often become a business and a racket ,but at least the end result is usually beneficial to the child and new parents. "marketing" sperm and eggs sounds like a new "brand", but far more socially damaging than ham and eggs. there, only a pig had to give its life. here, both sexes and new life face physical, psychological, social and moral problems. nothing new, but maybe a bit worse than the usual conflicts in reducing life to a commodity.
SDK (Boston, MA)
Do you have any idea how much it costs to adopt a healthy infant?

What is so incredibly moral about using a broker to send children from poor families to rich ones? I'll take sperm donation, thanks.
HN (Philadelphia)
It is stories like this that highlight the need for regulatory action. In the current political climate, the word "regulations" is almost a curse word. Yet, time and time again, the public is smacked down by unscrupulous business owners.

I'm so tired of hearing about the "regulatory burden on our businesses." When all businesses operate with integrity, we can lighten the load. But until then, we need regulations to protect ourselves from charlatans.

Lawsuits and jail time are all very well and good, but they don't seem to work well as a threat to prevent such horrible lapses in business judgement.
Laura (California)
Tip of the iceberg. I used a place (briefly) in California about ten years ago before I realized it was a complete racket and had no basic information. But it came "highly recommended" by three excellent doctors. Was disorganized, chaotic and I thought the whole thing was unsafe. (Anonymous donors are motivated by a million different things -- some include kindness, some include poverty, some include "why not?" larkism). The only people ever around were young college kids who were working on a per hour basis. Adopted a child instead and (at least so far!) happy and relieved.
rlm (urban nc)
Much as one would like to believe, place their trust into the hands of supposedly professional, highly educated physicians whom they are paying handsomely to protect and therefore guard what is their property, I'm not sure I would. Were it me, I'd be routinely visiting and then checking on a regular monthly basis where those vials actually were located, stored physically. I'd be demanding access to eyeball those vials with the same identification codes and names each and every time. If they balked? I'd refuse to business with them any longer and have them sent elsewhere for storage. You have to keep after these people who run these boutique kinds of services since they are regulated so very, very poorly.
My heart goes out to everyone affected in this story. If lawsuits are what it takes to wake up these careless, insensitive dolts, so be it.
DMS (San Diego)
Creating offspring of the long since dead is appalling on every level. This woman needs therapy, not a lawsuit.
Lizbeth (NY)
Why? It sounds like this couple discussed it prior to his death, and that the reason he donated sperm was so she could do this in the future. I'm not sure why it's more appalling to use the sperm donated by someone you love (who sadly is no longer alive) than it is to use the sperm of a stranger (who may be dead or otherwise not as advertised).
avery (t)
Why ait ten years? why use sperm from a man with a life-threatening illness that is highly heritable?

Honestly? It sounds like this woman found herself too old to attract another husband and resorted to her former husband's sperm. She waited ten years to use his sperm. Not three years. Ten.

And, again, he had Marfan syndrome. Why KNOWINGLY pass that on to a child?
AmateurHistorian (NYC)
Marfan syndrome can be tested during the IFV stage insuring the baby would be free of the disease. The mixup means another embryo with 50% chance of Marfan wasn't tested.

Another thing, what's wrong with wanting a baby with the man she loved? Do you stop loving a person after he/she is no longer there? Do you go outside and find new mother/father if you lost them?

Think about this: back when her hubby was alive, she might always dreamed that her child would have the father's blue eyes, sensor of humor and they would raise the child to speaks 10 languages. She can either make her dream true or she can abandon her dream.
Patty Elston (RI)
If these lawsuits and complaints are out there on the Internets for all to see, who the heck still goes to Dr. Saadat's facility? Doesn't everyone google everything these days?

As a tech at Yale in a genetics lab, part of my job was to store c. elegans strains in a very similar manner in liquid nitrogen. It's not really possible to "lose" samples unless there is no labeling system at all. You put the vial in, it stays there until you need it. Period. All that's required is to refill the nitrogen from time to time so something's going on there for certain.
Grebulocities (Illinois)
I worked in a lab with liquid nitrogen storage too. One day the researchers showed up and...whoops! The container had failed overnight and all the samples were destroyed. Two profs' research groups lost most of what they had done for the past couple of years.
AmateurHistorian (NYC)
@Patty Elston

You hold everyone to Yale's standard the same way I hold everyone to Spark and Data's standard. Setting ourselves up to be disappointed.
Amy S (Baltimore)
Ehh.. You probably had a few hundred samples... They probably had a few hundred thousand.
BabyBoomerGuru (San Francisco Bay Area)
Very sad for Ms Robertson's experience and I hope she gets some monetary compensation. Did I read it right that she was planning on using her husband's sperm which had a 50-50 chance of producing a child who would have the same condition that killed her husband? I think as young as she is she should take another route to having a child (adoption is a good route as noted) and let her husband's memory be cherished in another way.
ml (NYC)
The embryos would have no doubt been screened before implantation, to avoid the risk of passing on the condition.
Lizbeth (NY)
It indicates that she would have tested for the disorder--and that she is concerned that the sperm may have been used for "other patients who would not know to undergo testing to ensure their babies did not inherit the disorder".
Concerned Citizen (Anywheresville)
Marfan's is a genetic condition and they can screen fertilized embryos for it.

BUT....it is often carried on a recessive gene. So the embryo is free of Marfan's and will grow up normal. But that child may be a carrier. If they marry a person who also has a recessive gene for Marfans, they might unknowingly pass it on anyways.

I lost a dear friend in 2007 to Marfan's. He was a remarkable and brave young man who died at 36, and who packed a lot of living into those years. He never let his disability keep him from living a full life, but in the end, his disease killed him.

That's a terrible thing to pass on. Though I know how much someone might want children anyways -- my friend did -- it might be a higher good not to reproduce with your own genes and to use donor sperm or adopt (and yes, I know adoption is not easy or cheap today).
US Expat (Washington)
Just curious: A successful suit will probably bankrupt Dr. Saadat's company. So then what happens to the samples? Freezers turned of when power utility not paid? Sold to highest bidder? Email sent to owners to come & pick 'em up by Friday?
AmateurHistorian (NYC)
Undoubtedly Dr. Saadat is insured so he won't actually lose a cent. In the event the company is going under, another company would buy out the "goods" and continue to charge customers for storage. Kinda like how banks merger works.
K Henderson (NYC)
I am not easily shocked but these examples given here were alarming. Since the the sperm banks are largely unregulated, they can get away with quite a bit until someone actually sues them.
Yoda (Washington Dc)
having worked in medical equipment sales I can tell you that even in regulated fields lots of shenanigans go on (i.e., kick-backs, unnecessary surgeries and procedures, etc.). Too many in the medical field are unethical.
S B Lewis (Lewis Family Farm, Essex, New York)
Fabulous journalism.

Incredible energy.

Heartbreaking.
MariaSS (Chicago, IL)
Publishing a photo of Angie Collins and her 9-y old son with details of the sperm donor is heartless. The boy may see and read it. How will he feel about his possible genetic burden?
Niles (Connecticut)
How does one lose sperm!! I hope every suit is found for the plaintiffs and I hope they have big, deep pocket insurance companies to rely upon. Only when you hit them in the most sensitive part of their anatomy, their wallets, will these companies come to understand their obligations to their clients. But I have a query: If they lose some, does anyone sneak in an unauthorized deposit?
Dr Russell Potter (Providence)
Ph.D. in neuroscience? Or convicted felon? Acquired characteristics are not heritable; both the prestige of the former and the dishonor of the latter are illusory. Once you've screened for genetic disorders (which all sperm banks ought to be required to do), you might just as well pick a random vial. The exception, of course, would be cases where an individual or spouse has made a "deposit" for potential later use; these clearly ought to be tracked more carefully than they are.
K Henderson (NYC)
"Acquired characteristics are not heritable"

That is not as simple as you suggest. IQ is inherited to some degree as is temperament, etc. Brain chemistry is definitely not 100% "acquired in life" and there is no one who would agree with that. Obviously environment matters too but that is not what you are saying.
Dr Russell Potter (Providence)
Intelligence is a far more complex matter than the IQ test, which dates back to 1912 and many assumptions about intelligence that have since been debunked. Certainly, some sorts of intelligence and potential capacity are heritable, but the idea that someone who is (say) a neurosurgeon is necessarily "smarter" than a bricklayer or a petty thief, is without foundation.
DR (New England)
I'm going to respectfully disagree. I come from a large family and I've been watching a number of traits both good and bad make their way through five generations.
hen3ry (New York)
What I'm noticing is that these people are not being told to go out and adopt. They aren't being told that there are plenty of children out there who need a good home. Yet the GOP is trying to tell women to have babies they don't want to have because all life is sacred and/or someone will adopt. This article shows beyond a doubt how important it is to many couples to have children who are theirs in terms of genetics.

I feel bad for these people. They were misled into thinking that their sperm or eggs would be treated as the important and precious things they are. Unhappily for them this was not the case. There are many ways to guard against human error. From what I can see these companies did not do that. There is no quality control in place. All of the people in this would have done better if they'd stored the materials in question in their own deep freeze. The companies/sperm banks ought to refund their money at the very least. Then they should upgrade their facilities and make it harder to make the mistakes they've been making. If they can't or won't they should be put out of business.
Blue state (Here)
"Every sperm is sacred..."
Not.
a (new york ,ny)
Most readers of this paper are Blank Slaters but when it comes to sperm donation all of a sudden genes become quite real!
Thomas Zaslavsky (Binghamton, N.Y.)
Thanks for the result of your survey of NYT readers, "a". I appreciate its full value.
SDK (Boston, MA)
Trust me, genes are real to the people who inherit them. Most people conceived this want a variety of rights they do not currently have, including the right to know who their parents are.
Dave X (CA)
The safest way is still the traditional way.
Sarid 18 (Brooklyn, NY)
Obviously. I don't think anyone would use the services of a sperm bank if there were not a good reason.
Banty AcidJazz (Upstate New York)
Why is that safer? What screening is there? And does the traditional way come with good, or bad, expectations on the part of the partner, his family, etc.?
Lizbeth (NY)
I'm fairly sure that skipping chemotherapy would have been a lot less safe for Mr. Hollman than freezing some of his sperm.