Sperm bank admits it doesn’t verify donor info
Port Hope couple among several clients complaining about man’s dubious past
The president of a U.S. sperm bank denies his company misled a Port Hope couple about their sperm donor but acknowledges it does not corroborate personal information provided by donors.
“He reported a good health history and stated in his application that he had no physical or medical impairments. This information was passed on to the couple, who were clearly informed the representations were reported by the donor and were not verified by Xytex,” Kevin O’Brien wrote in an open letter on the company’s website.
The Atlanta-based company is at the centre of a lawsuit filed last weekend by Angela Collins and Margaret Elizabeth Hanson, who charge they were deceived about their donor having schizophrenia, being a college dropout and having a criminal background.
The donor is alleged to have produced 36 offspring from at least 15 women.
The allegations have not been proven in court.
The women say they selected Donor 9623 from Xytex’s catalogue of prospective donors because he was touted as being its “best donor,” with good health, a high IQ and multiple university degrees.
The mothers say that because of a confidentiality breach by the company, they learned the anonymous donor is actually a man named Chris Aggeles. They say they investigated Aggeles on the Internet and were stunned to learn he has a serious mental illness, was charged with a crime (burglary) and never made it through college. They also allege a photo they received of him was doctored to remove a facial mole.
Xytex has suggested there was no security breach.
Aggeles is also named in the lawsuit. His lawyer, James Johnson, said the allegations are without merit and that he is seeking to have the lawsuit dismissed.
O’Brien insists Xytex never misled the couple.
“We want to assure you that is simply not true. We have conducted a careful review of our records and the claims by the couple in question do not reflect the representations provided to Xytex,” his letter states.
The donor underwent a standard medical exam and provided extensive personal health information, O’Brien writes, adding that the company has a thorough vetting process and rejects 99 per cent of donor applicants.
The couple’s lawyer, San Franciscobased Nancy Hersh, points out the letter doesn’t actually dispute that Aggeles has a serious mental illness, a criminal history and no degrees.
Sperm banks should do more to investigate the backgrounds of donors, Hersh said, adding that they should do a review of medical records.
“They have a duty to the people with whom they deal to make a reasonable investigation,” Hersh said. “Did they do anything besides rely upon the information provided by the donor applicant?”
O’Brien’s letter says the donor provided the company with signed photos of himself that were passed to the couple without alteration. The donor also provided Xytex with copies of his undergraduate and graduate degrees.
But Wendy Kramer, director of the U.S. Donor Sibling Registry, said there are no checks and balances in place to ensure donors don’t doctor photos or fabricate degrees.
“It’s not good enough to rely on the honour system,” she said.
Kramer said donors are usually young men in post-secondary school who donate their semen because they need money. They can make $100 (U.S.) for each donation.
“They might not tell the truth for fear they won’t get into the program,” she said.
O’Brien says Xytex upholds the highest practices and will fight the suit.
“We stand by the process we followed and intend to vigorously defend ourselves against the allegations in the lawsuit,” he writes.
The company’s website includes a footnote with this disclaimer: “It is important to note that the medical history provided by the donor is not validated by reviewing the donor’s or his family’s private medical records.”
Toronto fertility lawyer Sara Cohen said the court will need to determine if, by advising purchasers of the risks and the limitations to the screening provided, a sperm bank is able to limit its liability.