If you searched "can gay men donate sperm" and found headlines about the FDA lifting its restrictions on gay men, check the subject: those May 2023 headlines were about blood. Sperm donation runs on a separate regulatory track, and as of September 2026 that track still recommends deferring anonymous sperm donors who have had sex with a man in the preceding five years. The FDA proposed aligning the two frameworks in January 2025 — but that proposal is a draft, and a draft is not a rule. So the classic anonymous-bank answer is still no. The bigger point most articles miss: the deferral binds anonymous donation, and known/directed donation is a different lane — which is why there are now real, named routes for gay men to donate. Here is what actually applies today, with dates, citations, and the specific programs that welcome MSM donors.
What actually changed in 2023 — and what it covered
On May 11, 2023, the FDA finalized its guidance on evaluating blood-donor eligibility using individual risk-based questions (Federal Register availability notice May 12, 2023; Docket No. FDA-2015-D-1211). The key language: "FDA recommends eliminating the screening questions specific to men who have sex with men (MSM) and women who have sex with MSM. Instead, FDA recommends assessing donor eligibility using the same individual risk-based questions relevant to HIV risk for every donor regardless of sex or gender." The same guidance recommends deferring anyone taking HIV-prevention medication (PrEP/PEP) from blood donation.
Read the scope line, though: the 2023 guidance applies to "the collection of blood and blood components, including Source Plasma," and superseded the FDA's April 2020 blood guidance. It did not amend 21 CFR Part 1271 or the 2007 tissue-donor guidance. The blood deferral's whole history — lifetime ban from the 1980s, 12-month deferral in December 2015, 3 months in April 2020, individual risk assessment in May 2023 — happened inside the blood framework. Sperm sat on a different shelf the entire time.
Why sperm donation is different
Donor sperm is regulated as a human cell/tissue product — an "HCT/P" — under 21 CFR Part 1271, whose Subpart C governs donor eligibility: §1271.75 requires screening for communicable-disease risk factors, §1271.80 sets testing requirements, and §1271.85(d) requires that anonymous semen donors be retested at least six months after donation, with the sample quarantined until the retest clears (directed reproductive donors are exempt). The regime took effect May 25, 2005.
The interpretive layer is the FDA's August 2007 guidance, "Eligibility Determination for Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)". Its accompanying materials list, among the conditions making a donor ineligible: "Men who have had sex with another man (MSM) in the preceding 5 years (risk factor for HIV, HBV)." That 5-year standard has governed anonymous reproductive donation since 2005, and — as of September 2026 — it still does.
This is why banks phrase it the way they do. Seattle Sperm Bank's FAQ: "Due to FDA regulation, we are unable to distribute sperm in the US donated by men that have had male-to-male sexual contact within the past five years" — a compliance statement, not a values statement; the same FAQ notes it works with clinics outside FDA jurisdiction. Xytex's recruiting site (donatesperm.com) is blunter: "the FDA classifies men who have had sex with men in the past 5 years as high-risk and ineligible to donate sperm." Others just state the requirement flatly on the application: Repro Lab (NYC) and Fertility Center of California both require donors to have had "exclusively female partners." Two cautions: don't infer a bank's donor policy from its recipient-facing LGBTQ+ marketing (different things — Cryobio, for instance, markets to LGBTQ+ recipients but does not accept anonymous MSM donors), and don't read a bank's silence as permission — all US anonymous banks operate under the same federal framework.
Anonymous vs. known (directed) donation — where the deferral actually bites
The most important practical distinction in this whole area: the 5-year MSM deferral targets anonymous donation. FDA rules do not prohibit MSM from serving as directed (known) donors — donating to a specific, identified recipient, such as a friend or a couple who chose them. Reporting on the 2005 rule put it plainly: "The FDA rules do not prohibit gay men from serving as 'directed' sperm donors" (CBS/AP, 2005). Directed reproductive donors are also exempt from the anonymous-donor 6-month retest in §1271.85(d), though screening, testing, consent, and clinic involvement still apply. Some facilities formalize this: CryoGam notes the MSM ineligibility "may be waived with the correct paperwork signed by the attending physician and CryoGam" for directed arrangements.
State law layers on top — New York and California in particular add their own requirements. Any individual case comes down to a specific clinic or bank's eligibility determination under the applicable state rules.
The January 2025 proposal — real, but not in effect
On January 7, 2025, the FDA published in the Federal Register (docs. 2024-31523 and 2024-31524) the availability of draft guidances that would, if finalized, extend the individual-risk-assessment model to HCT/P donors — including sperm donors. The key draft states: "FDA also recommends eliminating the HCT/P donor screening questions specific to men who have sex with men (MSM) and women who have sex with MSM and, instead recommends assessing HCT/P donor eligibility using the same individual risk-based questions relevant to HBV, HCV, and HIV risk for every donor regardless of sex or gender." Comments (Docket No. FDA-2022-D-0464) were due February 6, 2025.
For context: the change has momentum but no finish line. April 2024 reporting (relayed from the Wall Street Journal) anticipated a final rule "by the end of 2024 or early 2025" — the draft arrived on schedule; the final rule did not. On September 12, 2024, six US senators wrote to the FDA Commissioner urging it to "revise the sperm donation eligibility guidelines and remove the ban," calling the policy inconsistent with the FDA's own 2023 blood reform. None of that changes the current rule; it just explains why a change is plausibly coming.
| Date | What happened | Applies to |
|---|---|---|
| May 25, 2005 | 21 CFR Part 1271 donor-eligibility regime takes effect; 5-year MSM deferral applies to anonymous reproductive donors | Sperm / tissue |
| August 2007 | FDA Eligibility Determination guidance for HCT/Ps lists MSM in the preceding 5 years as an ineligibility risk factor | Sperm / tissue |
| December 2015 | Lifetime MSM ban replaced with 12-month deferral | Blood only |
| April 2020 | 12-month deferral cut to 3 months | Blood only |
| May 11, 2023 | MSM-specific questions eliminated; individual risk-based assessment adopted | Blood only |
| September 12, 2024 | Six US senators urge the FDA Commissioner to revise sperm-donor eligibility guidelines | Sperm / tissue (advocacy) |
| January 7, 2025 | FDA publishes DRAFT guidance proposing individual risk assessment for HCT/P donors | Sperm / tissue — DRAFT, not in effect |
| September 2026 | Status check: drafts still labeled "not for implementation"; 5-year deferral remains operative for anonymous donation | Current state |
What this means if you're a gay man who wants to donate
- Blood: eligible under the individual-risk-assessment framework since May 2023 — the same risk questions as every other donor (some deferrals remain for blood, e.g. current PrEP/PEP use).
- Anonymous sperm banking in the US: if you've had sex with a man in the past five years, you are generally ineligible for US-distributed anonymous donation at every bank — it's the same federal framework everywhere, not a bank-by-bank choice.
- Programs that explicitly welcome you: The Seed Scout (known-donor matching) and MySpermBank (which has no anonymous option and states sexual orientation does not disqualify) both say so in writing. These are the clearest yes-answers in our dataset.
- Known/directed agencies generally: the realistic route. The FDA does not prohibit MSM from donating to a specific known recipient, and directed donation is a separate regulatory lane. Agencies like Growing Generations, Ivy Surrogacy, Coast to Coast, and The Genesis Group operate here — but several are silent on MSM eligibility (not the same as welcoming), so ask directly. Screening, testing, and clinic paperwork still apply, and state law varies.
- Non-US distribution: some banks (Seattle Sperm Bank and Cryos International say so explicitly) accept MSM donations for clinics outside FDA jurisdiction. US anonymous vials remain off the table.
- Watch the docket: if the FDA finalizes the January 2025 draft (dockets FDA-2022-D-0464 / FDA-2022-D-0467), this picture changes fundamentally. As of September 2026 it hasn't.
The programs that explicitly welcome MSM donors
Two programs in DonorIndex's dataset put it in writing. The Seed Scout, a known-donor matching service, says on its donor page: "Up until very recently, men who have had sexual relationships with other men within the last five years are not permitted to donate to banks. With The Seed Scout, we have always been and will continue to always be inclusive of everyone." Per a VICE profile, about 80% of its donors are gay. Its compensation is $5,000 per family, up to three families ($15,000 total), paid by the matched client rather than a bank, and not contingent on a pregnancy.
MySpermBank (Houston, Chicago, Philadelphia) is the other explicit yes — and notably it's structured more like a bank than a matching service, but it has no anonymous option. Every donor is Identified, Early Disclosure, or Open-Identification (identity released to offspring at 18). It states plainly that sexual orientation does not disqualify — gay and bisexual men are welcome. Pay runs $1,200–$2,000/month (roughly $150 per Open-ID donation, $175–$250 for Early Disclosure), and it also runs an Identified Donor (known-donor) program paying $5,000–$15,000 per family. The common thread with Seed Scout: neither distributes anonymous vials, which is exactly what puts them outside the anonymous-donor deferral.
Why the known/directed route is the path — anonymous vs. directed
The reason these programs can do what anonymous banks can't is structural, not rebellious. The 5-year MSM deferral is written for anonymous donation — vials sold from a catalog to recipients who never meet the donor. Directed (known) donation is the opposite arrangement: a specific, identified recipient knowingly chooses and accepts this donor. The FDA treats that as a different case — directed reproductive donors are even exempt from the anonymous-donor 6-month retest in §1271.85(d) — and the categorical anonymous-donor exclusion doesn't apply the same way. That's why the yes-answers all live in the directed lane: Seed Scout matches donors to intended parents; MySpermBank releases identity to offspring; the surrogacy-adjacent agencies pair a donor with parents who select them. If you're weighing this route against a bank, our sperm bank vs. known donor guide covers the trade-offs — known donation carries legal and interpersonal complexity that an anonymous bank abstracts away.
Can gay men donate blood now?
Yes. Since May 2023, every blood donor is assessed with the same individual risk-based questions regardless of sex or gender — no MSM-specific question. Some blood deferrals remain, notably for people currently taking PrEP/PEP.
Can a gay man donate to a US sperm bank anonymously?
Generally no, if he has had sex with a man in the preceding five years and the sperm would be distributed in the US. As of September 2026 the operative FDA framework (21 CFR Part 1271 plus the 2007 eligibility guidance) still recommends deferring such donors from anonymous donation, and US banks follow it.
Didn't the FDA change the sperm rule in 2025?
It proposed to. On January 7, 2025, the FDA published draft guidance that would eliminate MSM-specific screening for tissue and sperm donors in favor of individual risk assessment. As of September 2026, that guidance remains a draft — FDA's own pages label it "not for implementation" — so the 5-year deferral still applies.
Is the 5-year deferral actually a law?
It's a hybrid. The binding regulation (21 CFR Part 1271) requires screening for communicable-disease risk factors; the FDA's 2007 guidance — technically non-binding recommendations — defines MSM in the preceding 5 years as one. In practice banks follow it, and some states (e.g., New York) impose their own binding rules for anonymous donation.
What's the known-donor route, and does the deferral apply there?
Directed (known) donation means donating to a specific identified recipient rather than into an anonymous catalog. The FDA does not prohibit MSM from serving as directed donors, and directed reproductive donors are exempt from the anonymous-donor 6-month retest — though screening, testing, consent paperwork, and state law still apply, and clinics decide eligibility case by case.
Which programs actually welcome gay/MSM donors?
Two in our dataset say so explicitly. The Seed Scout (known-donor matching) states it is "inclusive of everyone," and roughly 80% of its donors are gay. MySpermBank states that sexual orientation does not disqualify — gay and bisexual men are welcome — and it has no anonymous option. Many other known/directed agencies operate in the same regulatory lane but are silent on MSM policy, which is not the same as welcoming; verify with the specific program before relying on it.
Does The Seed Scout pay its donors?
Yes — $5,000 per matched family, up to three families ($15,000 total), paid by the client rather than a bank, and not contingent on a pregnancy. It can welcome MSM donors because it operates in the directed-donation lane, not as an anonymous bank. (Donor compensation is generally 1099 self-employment income — confirm tax treatment with a CPA.)
Can a gay man donate to MySpermBank?
Yes. MySpermBank states that sexual orientation does not disqualify a donor. It works because it has no anonymous option — every donor is Identified, Early Disclosure, or Open-Identification — so it falls outside the anonymous-donor MSM deferral. Compensation runs $1,200–$2,000/month, and it also offers an Identified Donor program paying $5,000–$15,000 per family.
Sources · checked Sep 2026
- FDA final guidance (May 2023) — May 2023 blood guidance: eliminates MSM-specific questions; scope limited to blood and blood components including Source Plasma; supersedes April 2020 guidance; PrEP/PEP deferralPrimary source; quoted verbatim. High confidence.
- Federal Register doc. 2023-10252 — Availability of the 2023 blood guidance published May 12, 2023 (Docket FDA-2015-D-1211)Primary source.
- FDA guidance background / press records — Blood deferral history: lifetime ban → 12-month (Dec 2015) → 3-month (Apr 2020) → individual risk assessment (May 2023)Corroborated across FDA background sections and contemporaneous reporting.
- eCFR, 21 CFR Part 1271 — 21 CFR Part 1271 Subpart C: §1271.75 screening, §1271.80 testing, §1271.85(d) 6-month anonymous-donor retest with directed-donor exemption; quarantine per §§1271.50/1271.60Primary regulation text. High confidence.
- FDA 2007 Eligibility Determination guidance — 2007 HCT/P Eligibility Determination guidance lists "Men who have had sex with another man (MSM) in the preceding 5 years" as an ineligibility risk factorPrimary source; also reflected in FDA slide materials (fda.gov/media/142766/download).
- Federal Register, 2004 final rule — Part 1271 donor-eligibility regime took effect May 25, 2005Effective date of the eligibility rule; corroborated by bank accreditation pages.
- CBS News / AP, "New Rules for Sperm Donors" (2005) — FDA rules do not prohibit MSM from serving as directed (known) sperm donorsContemporaneous reporting on the 2005 rule; consistent with eCFR §1271.85(d) directed-donor exemption and CryoGam's directed-donor waiver language.
- Federal Register docs. 2024-31523 & 2024-31524 (Jan 7, 2025) — January 7, 2025 draft guidance proposes eliminating MSM-specific HCT/P screening questions in favor of individual risk assessment; comments due February 6, 2025 (Docket FDA-2022-D-0464)Primary source; draft quoted verbatim.
- FDA CBER Tissue Guidances page (checked September 2026) — Drafts remain "Draft — Not for implementation" as of September 2026; no finalization notice found; January 2025 regulatory freeze affected the timelineStatus verified against FDA's own guidance listings, September 2026. This is the claim to re-check first on any update.
- seattlespermbank.com donor FAQ — Seattle Sperm Bank: unable to distribute US sperm from men with male-to-male sexual contact in the past five years; accepts such donors for non-FDA jurisdictionsBank's own published language, quoted verbatim. Checked September 2026.
- donatesperm.com FAQ — Xytex recruiting site: FDA classifies men who have had sex with men in the past 5 years as ineligible to donate spermBank recruiting channel's own language. Checked September 2026.
- theseedscout.com — The Seed Scout explicitly welcomes MSM donors ("inclusive of everyone"); known-donor matching modelProgram's own published language. Checked September 2026.
- VICE profile of The Seed Scout — About 80% of The Seed Scout's donors are gaySecondary source (media profile).
- theseedscout.com — Seed Scout compensation: $5,000 per family, up to 3 families ($15,000), paid by the client, not contingent on pregnancyMatches DonorIndex canonical figures.
- myspermbankdonor.com — MySpermBank welcomes MSM donors (sexual orientation does not disqualify); no anonymous option (Identified / Early Disclosure / Open-ID); $1,200–$2,000/mo, $150–$250/donation; Identified Donor program $5,000–$15,000/familyProgram's own published donor terms; DonorIndex profile verified September 2026.
- reprolabinc.com / spermbankcalifornia.com — Repro Lab (NYC) and Fertility Center of California require donors to have had exclusively female partners (anonymous-bank MSM exclusion under Federal/NY-state and FDA rules)Banks' own application requirements; DonorIndex profiles verified September 2026.
- DonorIndex agency profiles — Known/directed agencies (Growing Generations, Ivy Surrogacy, Coast to Coast, The Genesis Group, etc.) operate on directed/identity-release donation; most do not publish an MSM policy (silent, not welcoming)MSM policy listed as an information gap on these agencies' DonorIndex profiles as of September 2026 — verify per agency; silence is not a stated welcome.
- Senate letter to FDA Commissioner Califf — September 12, 2024 Senate letter urging the FDA to revise sperm-donor eligibility guidelines (Sens. Booker, Butler, Duckworth, Merkley, Warren, Welch)Quoted from the letter text; context only — no regulatory effect.
- New York state regulation (via research pack) — New York bars persons with USPHS-defined HIV risk factors from anonymous donation, with medical-director discretion for directed donorsExample of a binding state-law layer; verify current NY rules directly before relying on this.