Sep 22, 2006  |  By: ERIC ERVIN  | COMMENTS     

Dennis Barros and Derek Smith of St. Cloud, Fla., had it all mapped out on how they would start a family. The gay couple had two women lined up — one who would donate her eggs and another who would carry the baby to full term — and had found a fertility specialist in nearby Orlando to assist.

“My best friend — she is truly my best friend of eight years — was going to be the egg donor,” Barros said. “She had said any time you want to have children [she] would be there.”

The couple, who has been together for three years, said they went looking for a specialist together, always identifying themselves as a gay couple.

“We were forward and honest about our complete disclosure,” Barros said. “About 75 percent flat out said no because we are gay, but we finally found someone.”

They had already picked out a name for the baby, River Christian, and were anxiously waiting its arrival.

But their fertility specialist, Dr. Frank Riggall, canceled the couple’s first appointment. A letter signed by Susan Russell, Riggall’s office manager, cited Food & Drug Administration regulations as the reason why Riggall couldn’t provide services to the gay couple.

“You could imagine that there were a lot of emotions there when you’re so close and somebody takes it away,” Barros said. “There are emotions of anger, pain, sadness, then you try to make sense of it. We had everything worked out.”

Calls to Riggall’s office were not returned. The letter from Riggall, dated March 20, was seven days before the couple’s appointment.

“We were notified [March 17] that other practices have stopped seeing male patients that are seeking egg donor/gestational carrier pregnancies because of recent changes in FDA regulations and risk screening criteria,” Russell said. “After careful consideration, it has been determined that it is in our best interest to follow suit in order to remain within FDA guidelines.”

Barros, a 38-year-old veterinarian, said he had never heard of such guidelines and thought the excuse seemed misguided. He investigated to find out what, if any, guidelines there were on gay men who wanted to donate sperm.

“I looked up FDA regulations and it didn’t seem right to me,” Barros said.

According to Paul Richards, who is a public affairs specialist with the FDA, the federal agency groups sperm donors in two categories: “directed,” those who donate to a consenting woman; and “anonymous,” which are given to a sperm bank.

Richards said there are minimal restrictions for directed donors because of the woman’s consent. He said if a man who has sex with men wants to donate sperm, then the FDA suggests clinics exclude him.

Richards said the FDA also suggests clinics screen sperm from anonymous donors for HIV, hepatitis B and C and other diseases. After screening, the sperm should be frozen and retested again in six months.

“Studies show that men who have sex with other men are at a higher risk for these diseases,” Richards said. Barros sought the help of Lambda Legal, a nationwide gay rights advocacy group to explain the regulations to the clinic. Gregory Nevins, an Atlanta-based lawyer with Lambda Legal, said he and his clients waited before taking legal action so as not to jump to conclusions.

In May, Nevins wrote a letter to Riggall explaining the FDA guidelines, but never received a response, he said.

Nevins believes not responding is a clear sign.

“It confirmed that there’s something else going on than FDA guidelines,” Nevins said. “Those criterion do not apply.”

On Sept. 14 with the help of Lambda Legal, the couple filed a complaint with the city of Orlando Office of Human Relations. The complaint cites a city code prohibiting sexual-orientation discrimination in public places.

Nevins said now the city will investigate the complaint and make a determination on whether it should go before the Human Relations Board. He said the process could take up to 100 days.

“I expect it to be completed sometime early next year,” Nevins said.