I'm hoping someone a bit more versed in legalese could help me out. I am jumping through some hoops trying to get my DDS (directed donor sperm) accepted by the Andrology Lab at Cornell. I am scheduled to cycle in September, timed with an mTESE for my dh. We are using dh's brother as our known donor in the likely event we need back-up. We've gotten all the necessary testing done and Cornell was set to accept our DS from the bank in NJ in a few weeks. I got a call Friday from the Sperm Bank where our DS is stored telling me my BIL tested positive for HSV---the test did not differentiate between HSV-I or HSV-2. I spoke to Cornell today and they've asked that I have my BIL do add'l b/w to differentiate between the two. She said it was not optimistic that they will accept, regardless of whether it is type I or II. I asked her if it would be possible to sign a waiver but she didn't seem hopeful. I am trying to find the details of the NY State guidelines and/or FDA regulations...it seems the req'd tests make NO mention of HSV, only HIV, HepB/C, HTLV, Syphilis, Gonorreah, and Chlamydia. So it would seem to me that b/c it isn't a req'd test, it wouldn't be deal breaker. If anyone has any knowledge to share I would be greatly appreciative. Thanks so much!lp...
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