Groundbreaking NEW Pathway to Parenthood for HIV-Positive Patients in New York

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Dr. Norbert Gleicher

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1/15/2025

FOR IMMEDIATE RELEASE                                                          January 13, 2025, 3:00pm

A Groundbreaking NEW Pathway to Parenthood for HIV-Positive Patients in New York State through the efforts of The Center for Human Reproduction (CHR) in NYC

In April 2021, the CHR had the privilege of consulting with a male couple who hoped to start a family through gestational surrogacy and egg donation. Both partners, diagnosed with HIV-1 several years prior, had achieved undetectable viral loads through antiretroviral therapy. Despite advances in reproductive medicine that allow HIV-positive individuals to safely contribute gametes, New York State regulations initially prohibited the use of semen from individuals with a history of HIV for surrogacy.

We advised the couple to seek help from the Bedford Research Foundation’s Special Program of Assisted Reproduction (SPAR) in Massachusetts, which specializes in preparing virus-free semen specimens for assisted reproduction. Their specimens were thoroughly tested and confirmed free of any detectable virus. However, New York’s stringent tissue bank regulations presented a significant hurdle, requiring us to advocate for an exception to the existing rules. After extensive correspondence with the New York State Department of Health (NYS DOH), including highlighting the safety of SPAR’s protocols, the Department carefully considered this unique case.

Following this discussion, in March 2023, the NYS DOH updated its policies, reflecting the "Undetectable = Untransmittable" (U = U) principle. This new guidance allows exceptions for individuals living with HIV to contribute reproductive tissues under strict conditions, including maintaining undetectable viral loads, comprehensive counseling for an intended gestational carrier, and adherence to rigorous safety protocols. Most recently, in January 2025, the NYS DOH finally granted an exception for this couple’s case, enabling the use of their embryos in gestational surrogacy.

This milestone highlights the progress made in ensuring that individuals living with HIV can safely pursue parenthood through assisted reproduction. The approval demonstrates the importance of updated medical policies that reflect current scientific understanding and advances in reproductive technology. By addressing these barriers, this case has helped create a clearer pathway for others. We are proud to have supported this couple in overcoming barriers and paving the way for future families.

For further information, please contact [email protected]. David H. Barad, MD, MS, the CHR’s Director Clinical IVF and Research and a Senior Scientist led the negotiations with the NYS DOH for all those years to resolution and is available for further comments.

I discovered your clinic when I was at my lowest. I happened on a video on your you tube channel titled, "The burning out pcos." Just that video gave me much needed hope and direction because I couldn't get a diagnosis of why I was cold, lethargic and weak. I decided to become a patient for my fertility problems and fortunately I could consult online. Extending help internationally is really helpful. It is not easy to find this calibre, everywhere. I was 43 when I told Dr Gleicher I couldn't afford to travel there to do my IVF. He made sure he gave me some nuggets of wisdom to go with. For one, he insisted that my numbers showed I could have a child using my own eggs, like I wanted. The one clinic in my country doubted I could have a child in my late 30s. Another clinic in another country in the region would not even consult with me because I was 43 and not willing to use donor eggs. Another was willing to take me on but we had 2 failed IVF cycles. They also recommended donor eggs. I'm happy to share that I conceived naturally at 45 and I am looking at a perfectly healthy 5 month old baby boy. May the good Lord bless you and your work. You are truly doing the work of God. I could withstand the pressure to take donor eggs because you were very clear that my desire was possible. Congratulations and best wishes!

OL Office Visit

Beautiful treatment and kindness. The Dr and front desk staff are incredible. Dr.B is someone special experienced beyond most practitioners .I highly recommend the continuity of treatment and the support is sacred. There is no such thing as NO anything is possible when it comes to your miracle @ CHR Thank you!

S.T. Google

The reception staff was kind and attentive, and Miss Ludmila and Dr. Barad were wonderful: kind, professional, thorough, and made things very comfortable.

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I have been blessed to find CHR on my journey. If anyone is lucky to find the clinic they will be surrounded not only by the greatest medical knowledge and research when it comes to IVF but a group of amazing professional.Everyone I have met there is just genuinely kind, professional and so helpful. I cannot say enough great things about CHR and the only way to know what I'm talking about is to give them a chance. Thank you CHR

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The office is beautiful and spotless. From the moment you arrive, the staff welcomes you with kindness and professionalism. They are very formal yet friendly, making the entire experience pleasant. One thing I really appreciated is that they do not question you or make you feel uncomfortable; they simply treat you with respect and efficiency. Overall, consultations here are quite relaxed rather than stressful or nerve-wracking.

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