FRIDAY LEGAL UPDATES - Lesbian Couple Suing for Access to IVF & Woman Suing for Loss of Last Embryo
Unfortunately, due to my attendance at the Donor Egg Meeting in South Carolina, today’s updates are minimal. Hopefully, this conference will give me plenty to blog about next week, so stay tuned.
UK - Lesbians Want Access to IVF from NHS. The Sun is reporting the following: “Caroline Harris and Julie McMullan claimed discrimination and breach of human rights after they were rejected for IVF treatment. They say they suffered “distress and anxiety” — and ran up a bill of £11,000 paying for private care.
They want a judge to review the decision by NHS Greater Glasgow and Clyde . The couple, whose challenge is backed by equality officials, also want the health board to order fertility treatment for Caroline.
NHS chiefs insist the service, which costs £3,300 a time, is for couples who have tried in vain to conceive in the normal way. In papers lodged at the Court of Session in Edinburgh, they claim Caroline and Julie do not fit the definition of an infertile couple.
But the women claim official rules do not mention that only same-sex couples can get treatment.”
Furthermore, “Last night, the Equality and Human Rights Commission Scotland — who are backing the women — said that “discrimination of this type is unlawful.”
Spokeswoman Lynn Welsh added: ‘It will not be tolerated in a fair society. Equality means that while no one has an absolute right to receive treatment, the services provided by the NHS have to be available to everyone equally.’
A full hearing is expected at a later date. “
Click Here for Complete Article
Australia – An Australian woman claims her fertility lost her last embryo, thereby thwarting her chances at motherhood – and she is suing for pain and suffering. The article provides details as follows: “The woman, said to be in her late 40s, alleges Melbourne IVF staff allowed her potential baby to be destroyed.
She claims to have paid storage fees for years to preserve on ice the last of 13 embryos created during infertility treatment in 2003 and 2004.
But the embryo allegedly couldn't be found for a final round of treatment in 2007.
The woman has launched legal action in the County Court against Melbourne IVF, which is expected to defend the claim.
Court documents filed by the woman's lawyers this week claim the would-be mom started IVF treatment in October 2003.
A total of 31 eggs were harvested and 13 of the resulting embryos were frozen, the suit says.
The woman alleges Melbourne IVF's Dr. Geoffrey Clarke assured her one embryo would be kept in storage for later use.”
Click Here for Complete Article
Click Here for Another Article On This Case
Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer
www.EricksonLaw.net
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