Egg Donor & Surrogacy Law Blog : Surrogacy and Egg Donation Lawyer & Attorney : Theresa Erickson : Erickson Law Firm : Practicing Reproductive and Gestational Carrier Law

Women, Their Bioloigical Clock, and Their Eggs - For women who are contemplating how to balance family and career, there is an important study out of the University of St. Andrews and Edinburgh University in Scotland.  They found that women have lost 90 percent of their eggs by the time they are 30 years old, and only have about 3 percent remaining by the time they are 40.  Well, what does that mean to you?  That means that you need to be proactive in your decisions that you make now, as it may affect your ability to have your own genetic chilldren in the future. 

In fact, the article noted as follows:

"You can't reverse the biological clock, but Savard said there are certain factors within your control that have an impact upon your fertility.
For example, stopping smoking, keeping your weight down and controlling stress can all slow the loss of fertility.
Women who have more pregnancies are fertile for longer, and some women are born with more eggs than others, she said. The more eggs with which a woman is born, the longer she will be fertile and more time she will have until the onset of menopause."

Women need to educate themselves, which is why the Manicures and Martinis series by the American Fertility Association is so important. 

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Egg Donation and the AFA - the AFA has posted a great article by Dr. Piave Pitisci Lake, who writes as follows regarding utilizing egg donation in creating your family:

"We all think about heredity when we think about having a baby. Who will the baby look like? Who will the baby be like in personality or temperament? Who do we want the baby to be like? Will the baby be healthy or have the illness that “x” relative had? There are some things we hope will be avoided and some things we hope will be passed on. We generally think that we will see something of ourselves, or our family, in our children. After all, our children have 50% of our genes. For those using donor gametes to conceive, the dreams and fantasies (the template) of what our children will be like are half complete.

We all have assumptions about what is nature (genetics) and what is nurture. Who we are is, of course, determined on the most basic level by our genes. But the role of genes in determining what we look like, whether we have certain diseases or are at increased risk to have certain diseases, our mental abilities, interests, talents, etc., is very complex.

Diseases, conditions, and traits (abnormal and normal) can be inherited through single-gene defects, chromosomal abnormalities, and in a multifactorial way. Human cells have 46 chromosomes-22 pairs of autosomal chromosomes and 1 pair of sex chromosomes (XX, XY). Chromosomes are made up of many genes. Genes are made of DNA. Each chromosome of a pair contains the same genetic information, but there might be slight differences. We have identified many disorders caused single-gene defects or chromosomal abnormalities. These can be detected through information about family history as well as genetic or chromosomal testing. We can also predict the risk of inheritance of these diseases with significant accuracy. Diseases that are inherited in a multifactorial way are also genetically determined and may be found to cluster in families, but the specific genes are not well known. In addition, the expression of the disease depends on the interaction of multiple genes and environmental circumstances. The risk of inheritance of these conditions is less clear. It depends on the disease in question, its severity, and the number of family members affected....

Ultimately, who we are, who our children are and the factors that influence our development are very complex and beyond our ability to reduce our offspring to simple cause and effect. We like to think we have an idea of what our children will be like if we are using our own gametes because we are familiar with what has come before us and because genes from a familiar gene pool are being used. We also have ideas of the parts of ourselves we would like to see (or not see) in our children. Maybe they can be a better version of us. For recipients of donor gametes, half of what will influence whom the child will be is unknown. Recipients are forced to speculate based on information available in the donor profile or from meeting the donor and their own assumptions about what this will mean for their offspring. As much as genes determine who we are, it is the interaction of genes and environment that shape us and, on many levels, the result of this process is unknowable. Our children are who they are, not whom we think their genes say they are."

Another great resource is Marna Gatlin at PVED.

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Surrogacy, Adoption & Creating Your Family via Many Routes - Rosie O'Donnell, love her or hate her, you should watch this show next week.  This is really not a legal update, but I couldn't help myself.  The show airs Sunday on HBO at 7pm EST. 

Happy Friday!

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Great show today with Andrea Bryman, LMFT, on the psychological aspects of surrogacy.  Have a listen - it is a great show!

Surrogacy Done Right Radio Show!

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Surrogacy & Egg Donation & the Legal Puzzle Regarding Parentage - I am pleased to see that someone at the New York Times finally posted something positive on surrogacy - a concept to say the least regarding how these cases should be handled by the courts.  In fact, the writer is focusing on the science that is now evolving whereby the defective DNA of one female is removed and replaced with another female's DNA - effectively causing there to be more than two genetic parents.  However, the writer elaborates with some common sense information that is both timely and responsible.

"When technology transforms a legal field — as the Internet is doing now for privacy, and digital music and video are doing for copyright — judges and legal thinkers have to decide what are the important values.

Parenthood cannot be reduced to a formula, but the law should move toward a greater recognition that the intent of the people involved is more important than the genes. That would provide useful guidance for courts to think about fractional parents — especially if the day comes when three or more people want to combine their DNA to create a baby."

Nice job and good advice for the courts and legislatures alike!

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In an article that was just posted in India, controvery continues to follow India and its fertility industry.  In this article entitled rightly so, "In the Womb of Controversy," the writer states the following:

"As high drama is being played out in Indian courts over surrogacy issues, the US consulate in Chennai, perhaps worried about the rash of litigations has decided to tighten its visa processing norms, particularly for couples coming to the city for fertility treatment and assisted reproduction.

About a month ago, Vimala (name changed), a US citizen, returning home after delivering a healthy baby boy, was put through a grilling at the US consulate in Chennai when she went to obtain a passport for her new-born. On learning that she had conceived the child with the help of donor eggs (through assisted reproduction by transfer of eggs or oocytes donated by another woman), the consulate declined to recognise her as the biological mother.

"The father's name and mother's name are mentioned in the consular report of birth. This certificate is issued to recognise a US citizen child born outside the country. But the certificate for my son does not list me as the mother. I had to go through a lawyer to process adoption in the US and get the certificate amended to incorporate my name," Vimala said in a communication to her doctor.
The incident triggered protests among a section of fertility experts in Chennai and kicked off a debate on personal privacy and patient confidentiality and the need for laws. "The laws in India and those of countries from where patients come for treatment should be made clear. Our guidelines state that a surrogate mother gives a written undertaking relinquishing all rights over the child, and the same applies to an egg donor as well," pointed out Dr Priya Selvaraj of the Chennai-based GG hospital.

Dr Falguni Bavishi of the Ahmedabad-based Bavishi Fertility Institute insisted that none of her patients, five so far from the US and who delivered through donor eggs, faced 'harassment' at the consulate. "We made it clear to the consulate that the delivery was through egg donation," she said.

With the Assisted Reproductive Technology (Regulation) Bill 2008 still in the cans, India's stand on issues relating to surrogacy remains a set of guidelines on paper. Said Dr PM Bhargava, the chief architect of the Bill and former member of National Knowledge Commission: "The draft bill clearly says that if anyone from outside the country wishes to have a child using ART procedure, they have to produce evidence that they can take back the child without problems."

According to Bhargava, one of the architects of the Bill, issues relating to surrogacy have been addressed in the proposed legislation. "We had foreseen problems like this (the legal tussle between divorced Japanese parents and their daughter Manjhi Yamada, born from an Indian surrogate mother and the case of the German couple fighting for citizenship for their twins)," he said.

In the case of the German couple, the Supreme Court has suggested that adoption would be the only way out for their surrogate twins.

Authorities in Germany, which does not recognise surrogacy, were willing to consider their application for a temporary visa for the twins for initiation of adoption process.

US consulate officials declined to comment, merely citing the US Federal statutes governing acquisition of US citizenship by birth abroad to a US citizen parent. Section 7 FAM 1131.4-2 (Citizenship in Artificial and In Vitro Insemination Cases) states that "a child born abroad to a surrogate mother who is the blood mother (that is, who was the egg-donor) and whose father was a US citizen is treated for citizenship purposes as a child born out of wedlock".

But with the ART bill gathering dust and India emerging as a major hub for transcultural surrogacy, the country could well see more cases like that of Jan Balaz and Susan Lohle, the German couple battling to save their surrogate twins from becoming stateless citizens. "

However, women using egg donors and giving birth overseas anywhere need to be aware of this issue, as I have seen it several times in Israel, as well as other countries.  Currently, you will have to do an adoption once you return home to the US if you inform them that an egg donor was used.  Be careful!  And, again this is why it is important to do your research beforehand.

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Surrogacy Issues  - Well, we have had a quiet week - thank goodness!  Especially after all the negative press last month regarding surrogacy.  We do have a few issues to ponder, so here it is:

California - Santa Cruz court to hear custody hearing on former lesbian partners' dispute over twins.  The sticking point in this case is that the sperm donor is now acting as the father, living with the biological, lesbian partner, and they are now a couple themselves.  Currently, the judge has granted temporary visitation to the other partner until the hearing takes place. 

Vermont - Contempt Hearing Scheduled in Lesbian Custody Battle.  Another lesbian custody case has come to a head due to one former partner failing to exchange custody fo the child as ordered by the court. 

"Many of those who are opposed to this custody exchange have used a series of arguments ranging from the argument that Isabella Miller is the biological daughter of Lisa Miller to arguments how Janet Jenkins is a stranger to Isabella Miller. Unfortunately for them, the law recognizes the rights of non-biological parents. Many men use sperm donors and women use egg donors and they are considered to be the parents of children conceived within any marriage or union that takes place even if they are not biologically related. In a case in California, a woman made the argument that her ex-husband was not the biological father of their child, and that meant that he had no rights with regards to the child. The courts found otherwise, and ultimately granted the ex-husband sole custody of the child after the woman followed the same course of action as Lisa Miller. As for the stranger argument, Janet Jenkins is the mother of Isabella by virtue of the civil union, and is only a stranger to Isabella since Lisa Miller has done her best to prevent any and all contact between Isabella Miller and Janet Jenkins."

Sad story for all involved regardless of anyone's sexual orientation. 

Worldwide - Sperm Donor Anonymity - A hospital in Delftzijl has won its legal battle to keep the name of a sperm donor secret from the lesbian couple who had a baby using his sperm.    The couple had gone to court to get the donor's details after their child was born with dark skin - they had chosen a white donor. 

"The hospital suspects the sperm may have come from an Aruban man who was in the hospital withh is wife for an artificial insemination programme. Officials have offered to contact this couple on behalf of the two women.

Groningen court rejected the women's appeal for information, saying they should first take the hospital up on this offer."

Try and have a dry weekend everyone!

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German Surrogate Twins born in India may finally be able to go home with both of their parents, of which one parent has had to remain in India for almost two years.  Ladies and gentleman, this is a cautionary tale of a couple wanting to be parents so badly that proper legal advice was not obtained beforehand.  You MUST check the laws of where you child is being born AND where you reside.  You cannot and should be taking advice from centers who tell you that things will work out - they have in the past.  You need solid legal guidance that makes certain things will go smoothly, as Murphy's Law never fails. 

 Here is where the case now stands:

"New Delhi, Jan 20 (PTI) The Supreme Court today allowed a German couple to approach the government of Germany to go in for an "inter-country" adoption of the twins born to them from a surrogate Indian woman.

A bench of Justices G S Singhvi and Asok Kumar Ganguly granted the permission after senior counsel L Nageswara Rao, appearing for the couple, sought 10 days time to go through the procedure as it involved certain intricacies.

Appearing on behalf of the Centre, Solicitor General Gopal Subramanaiam assured the apex court that the government "would extend all possible assistance to the petitioner (couple) to facilitate the adoption on humanatarian considation.

On the basis of the undertaking given by the couple and the Centre, the apex court posted the matter for further hearing after a fortnight."

Again, this is not a done deal, but it looks as if an end is in sight.  Good luck to them!

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IVF & Age - Britain's oldest woman to undergo fertility treatments is now 59 years old.  She herself thinks that there should be an age limit, but she believes that it should be in the 60's.

"Mrs Tollefsen, who turns 60 in October, said: "I agree there should be a cut-off point. Perhaps 65 is too old, but I'm full of life and healthy.

'I know other people are looking forward to retirement while I'm looking forward to kindergarten and infant school.'

'"But if the circumstances are right I'd encourage other women my age to do this.' She had her first baby aged 57 after travelling to Russia for the fertility treatment that had been refused in Britain.

The decision to help her has sparked an angry response from people who think it is unnatural for OAPs to have families using IVF.

Her case could provoke a wave of old mums who can afford the £5,000 to overcome infertility."

Based on this angry response from those opposed to this, legislation is now being considered in Britain in order to set an age limit on IVF.  In fact, politicians think that this move by Mrs. Tollefsen may set a "dangerous precedent". 

Furthermore. a pro-life group commented as follows: "What's missing from this, apart from consideration of the rights of the child, is that there's no real focus on egg donation and this is very bad news.

"Would women expose themselves to the risks of donation if they knew the eggs were going to a woman of 59? You're exploiting a woman and putting her at risk to fulfil the fantasies of another woman who can't accept that she's gone beyond the menopause."

In fact, the following facts are worth noting - the oldest woman in Britain to give birth is 66-year-old Elizabeth Adeney, a company director from Lidgate, Suffolk, who had a boy last May.  The world's oldest new mum, Rajo Devi, 70, from Haryana, India, had a daughter last year. Maria del Carmen Bousada de Lara was 66 when she gave birth to twins in Barcelona, Spain, in 2006. She died in July 2009.  the first famous elderly mum was Rosanna della Corte from Canino, Italy, who was 64 when she gave birth to a son in 1994.

What do you think?

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