This ongoing tension is why the 2022 meeting occurred in the first place. Sources say sperm banks hosted the gathering as a sort of olive branch to the reform advocates, though some who attended felt the banks were not actually willing to listen. Reportedly in attendance were lawyers, medical experts, activists, and scholars.
Although these activists have long known about the unethical practices of the industry, many were still shocked at what they heard.
Anti-fertility fraud activist Eve Wiley called it a “nails on a chalkboard moment” and said that the admission brought “a collective gasp in the room.” It was “unlike any other procedure any of us had heard,” she said.
She said the comment was skated over pretty quickly and that the man next to the speaker “was kind of like, ‘Dude, stop,’ giving, you know, the death stare essentially.”
A fertility expert who was also present in the room confirmed the story to LGBTQ Nation, saying they are “not sure what precipitated it” but that a “gentleman who was involved at a sperm bank raised his hand and basically said they sent sperm to the FBI at the request of the FBI for training purposes.”
“On one level it makes sense, you know, that you would need sperm to train on or to do some analysis of,” they said, “but I guess none of us had ever considered that law enforcement might reach a sperm bank and do this, certainly without consent from the parties themselves who could be genetically identified and put into a database if this were done.”
They said the representative seemed completely taken aback that anyone found the information troubling.
“They just stated it so matter-of-factly, like, ‘Yeah, this is what we do.’ And it was almost as if they didn’t see any privacy protections that needed to be discussed, any issues with that, any hesitation about turning information over to law enforcement in that manner, even for training purposes.”
Another expert who attended the meeting also heard the admission. They told LGBTQ Nation in an emailed statement that they remembered the representative from Seattle Sperm Bank “telling the group that they… provided the FBI with unused sperm for them to use for ‘practice.”’ The source (the same one who identified the speaker as Allard) said they do not remember the representative saying the sperm was “sold,” though.
A transcript of a Zoom chat obtained by LGBTQ Nation shows those who attended virtually discussing the admission in the chat. Folks called the revelation “shocking” and “incredibly concerning,” with some questioning if the DNA was being added to a criminal database.
LGBTQ Nation reached out to the National FBI office and received the following response from Seattle Field Office public affairs specialist Steven Bernd: “Our policy prohibits us, except in rare circumstances, from disclosing investigative techniques of an FBI investigation. However, I can plainly state that I did not find any information to suggest that the FBI has been purchasing sperm from a sperm bank.”
It’s not clear, however, whether the sperm would have been sold to the local or national office. Additionally, Bernd took less than an hour to reply to our request for a statement, raising the question of how much digging he did before saying he “did not find any information.”
The queer connection
Also reportedly present at the meeting were several LGBTQ+ family-building organizations, though none have corroborated the FBI admission with LGBTQ Nation.
Ron Poole-Dayan, executive director of Men Having Babies, stated over email that he had “no specific recollection” of the admission being made. The representative who attended the meeting from Family Equality no longer works for the organization, and a spokesperson said, “No current staff members have additional information to share.” Representatives from Colage, an organization for the children of LGBTQ+ people, and GLAD, an LGBTQ+ legal advocacy organization, did not respond to a request for comment.
Wiley called it “shocking” and “disheartening” that no LGBTQ+ organizations have come forward.
Laura High, a donor-conceived person and activist who was not present at the meeting, expressed disappointment that these organizations have not taken action.
“Especially right now we need to be able to rely on these organizations to keep the queer community safe,” she told LGBTQ Nation over email. “And the fact that they stayed silent on this incredibly clear violation of rights that clearly puts the queer community in jeopardy, especially under this regime is terrifying.”
High said many people in the activist community have told her they do not want to contribute to this story going public for fear of not being invited to future meetings or losing a seat at the table, and she wonders if perhaps that’s why these organizations also have not spoken up.
“But why on earth would you want to be sitting at that kind of table that clearly has no problem putting the queer community or any marginalized group in utter danger?” she said.
What’s at stake
The prospect of a bank selling sperm to the FBI without informed consent raises a number of ethical concerns, though the legality of it all is murky.
Donor contracts from Seattle Sperm Bank obtained by LGBTQ Nation state, “I understand that once I agree to participate in the donor program and have been accepted into the program, I may not impose restrictions on the manner in which my donor sperm may be used.”
“Technically, people can buy sperm for any purpose… but sperm samples are not intended for that purpose,” explained the fertility expert. “They’re intended for people to buy to family build. That is the assumption.”
“I think there would be a lot of people who would object, for example, if law enforcement just started suddenly going through trash in search of hair or saliva or discarded toothbrushes or fingernail clippings to include people in databases for ‘training purposes.’”
They said the lack of informed consent is one of the biggest issues. “I’ve talked to sperm donors, and they were not informed that this was going on.” LGBTQ Nation independently received direct confirmation from one Seattle donor who said they were never told this was a possibility.
Wiley said she is most concerned with sperm being mishandled or planted as evidence in a crime.
“What if someone steals that sperm and then sells it on the black market, and they plant that?” she said. “And is DNA being extracted and then being used in a database to catch criminals?… It’s hard to say what can happen.”
As someone who has spent her life fighting fertility fraud, Wiley has witnessed firsthand the horrific ways gametes can be mishandled. “It’s unbelievable,” she said, adding that “in the absence of laws and that legal landscape being the wild wild west, it’s really frustrating.”
High said trans people also have specific safety concerns, since they often preserve their sperm or eggs at these banks before starting gender-affirming care.
“We know this administration is targeting the queer community,” High said, “Especially the trans community, who actively uses the fertility industry to store their DNA before they medically transition.”
She said there is also particular concern for people of color. “We are well aware that people of color are actively and heinously targeted by the police force,” she said. “Secretly handing over sperm from Black donors or any donor of color does not just affect that donor, but potentially their entire family. We have a long and terrible history in this country of people of color getting set up for a crime by the police force.”
“This industry who’s already very famous for excluding recipient parents and donors of color is demonstrating that they are also willing to put those donors at risk for severe injustice… Seattle has given the FBI the ability to have a genetic tracker.”
There is also the matter of the DNA of the children conceived from each donor being in the hands of a government agency. One recipient parent, Romy Razuri, who told LGBTQ Nation she became an activist in the space after she had reason to believe Seattle Sperm Bank failed to report critical pieces of her donor’s medical information, called it “creepy.”
“It just doesn’t sound right. I mean, no matter how you look at it and if you try to make sense of it… Whatever the reason is, it’s just not okay.”
Asked if the information made her feel worried about her kids, she replied: “I mean, anything at this point related to donor conception makes me feel scared for my kids.”
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Kyle Neal
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