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

Marna Gatlin of PVED and the AFA teamed up for a great blog regarding some up and coming Arizona legislation that I blogged about last week.    

Read, and let me know your thoughts!

"by Marna Gatlin

Today I am worried – I am worried about those who for various reasons have turned to creating or adding to their family via egg donation and now might have that option threatened --especially if they live in Arizona.

The Arizona legislature is attempting to push through two bills that are coming up in the Arizona legislature for a vote - SB 1306 / HB 2651 (both bills referred to hereinafter together as “SB 1306”).

If these laws are passed they would impose oodles of restrictions on those who choose to use egg donation as treatment for their infertility.  And the reason I am worried is that for many couples – especially those who live in Arizona this is going to strip these poor people of their last remaining hope to try and have a child via egg donation.

SB 1306 is going to outlaw donor egg compensation that is provided to those who donate eggs to infertile individuals who are attempting to have children via egg donation. This bill is going deny egg donors appropriate compensation and under-compensate our egg donors and discourage them from helping anyone who chooses to have a baby.  And I am sorry – but that’s just wrong.

Egg donation’s been around for a very long time – 20+ years to be exact.  Egg donation treatment isn’t just for those who are in their 40’s and beyond.  Egg donation treatment is also for young women who have undergone cancer treatment, who have lost their ovaries to ovarian cancer, or who have lost their eggs due to chemotherapy.  And what about those who have been diagnosed with premature ovarian failure, or those who have a genetic disorder that they don’t want to pass down to their future children. 

What kind of message is the Arizona legislature delivering by telling a cancer survivor that instead of being able to seek treatment in her state now she has to travel elsewhere for treatment because there are no egg donors in Arizona who can offer her eggs that will help her achieve her dream of becoming a mother?

You know the UK went this route in 2004.  They made compensation for both sperm and egg donation illegal.  Guess what?  The number of egg and sperm donors dropped horribly.  The people of the UK who want to have children and are faced with waiting years and years for an egg donor who will donate completely for free aren’t doing that.  Guess what they are doing?  They are going overseas – to the United States, the Ukraine, Spain, and the Czech Republic to attempt to create their family.  And the people of Arizona they are going to be forced to do the same thing travel to another state for treatment.  That is if they can afford the expense and the time.  If they can’t – Game Over.  

Is that fair for them?  No it’s not.

If that’s not enough – this bill (SB 1306) was created to discourage doctors from providing egg donor treatment in the first place requiring more informed contests, more red tape along with a boat load of incredibly tough penalties. One being the loss of their medical license, if the physician doesn’t follow the new imposed rules exactly as spelled out in the law.  And if you read the informed consent rules – they contain inaccurate and scary scary language that is put there purposely to be scary. 

Now if you were an egg donor and had the crap scared out of you – would you donate your eggs?  I bet not, and I don’t blame them.

What the legislatures of Arizona don’t get is that our amazing egg donors who choose by their own volition to donate their eggs do so because they want to.  They genuinely want to donate their eggs to another woman so she can have that opportunity to become pregnant, have a baby and become a mother.  In fact, lots of egg donors become egg donors because they have watched someone in their family or have friends who have been directly impacted by infertility and they want to somehow help.

ASRM has created guidelines for egg donation with the intent that all clinics follow.  These guidelines include how to carefully screen egg donors, how to treat egg donors, care for egg donors, how many times an egg donor should cycle, and what we should compensate our egg donors.  And who provides these egg donors with the exceptional care they receive.  The very same doctors who treat the parent to be who so desperately wants to become a mother that’s who.

Clinics already provide the egg donor AND the recipient with informed consent. They don’t allow any patient to go through an egg donor cycle uninformed.  In fact, by the time both recipient and egg donor have completed an egg donor cycle they know more about their own bodies, and Reproductive Endocrinology than I think they might like!

God Bless RESOLVE – RESOLVE brought this issue to my attention and RESOLVE also joins ASRM in opposing two other bills, SB 1307/ HB 2652, as they will place burdens on physicians in their labs that will undermine their clinical care of patients and interfere with the best practices in medicine that doctors practicing reproductive endocrinology and infertility medicine provide to every single patient.

How can you help?  If you live in Arizona: send a letter to members of the House Health and Human Services Committee, click here.

To send a letter to members of the Senate Public Safety and Human Services Committee, click here.

To read the bills, click here and search on the bill numbers.
Right from the RESOLVE WEBSITE:

“On behalf of the more than 100,000 women and men in Arizona who are contending with infertility, RESOLVE opposes SB 1306 / HB 2651 because they will burden and perhaps eliminate an effective medical treatment that has been used all across this country for decades. It is women and men who are trying to build families who will suffer if these bills become law.”

If these bills are voted on and become law what’s going to stop legislatures from other states within the United States to follow suit?  Please don’t say “Oh don’t worry it will never happen” – The United Kingdom said that and we saw clearly what happened there.

Don’t allow lawmakers who don’t get it make arbitrary laws for us because they think they know better."

• Email This
• Print
• Comments
• Trackbacks

Surrogacy News has been big this week in Australia, specifically in Queensland - and our updates will focus on where this will take the people of Australia in their quest to have a child via surrogacy.  But, first we will start with Indiana, where a couple is fighting for the right to have their names on the birth certificate of their child.

Indiana - The biological parents of a child born via surrogacy are challenging a ruling by the Indiana courts.  The Court of Appeals is to hear arguments this week.  A trial court denied their request as follows:

"A trial court judge denied the biological parents' petition to establish paternity and maternity for the child, ruling that "Indiana law does not permit a non birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother."  The surrogate mother filed an affidavit in support of the biological parents' petition.  The biological parents appealed, arguing that the paternity statute denies women equal protection and should be declared unconstitutional."

Facebook & Twitter IVF Fund - Interesting story.  What are your thoughts?

 "The invitation went out by e-mail, Facebook and Twitter almost simultaneously to friends of San Francisco's Molly and Brian Walsh. Its title was tantalizing: "Makin' Whoopie." But its purpose was pure, as well as purely provocative.

"You can't help us in the bedroom, but you can help us make a baby," read the invitation to the party, which may have been a Bay Area first - a fundraiser to collect money for costly fertility procedures. With insurance companies reluctant to pay for the cost of in-vitro fertilization and few states with laws requiring insurers to do so, couples unable to pay for the procedure, which runs $12,000 on average, have few resources other than their own creativity.

Two low-profile national nonprofits, the International Council on Infertility Information Dissemination in Arlington, Va., and BUMPS (Bringing U Maternal and Parental Success) in South Florida, offer in-vitro fertilization services to couples without the money or insurance to pay, and who meet select criteria. Together, they assist fewer than 100 couples annually.

Despite their online know-how, the Walshes had not searched the Web for outsiders' help.

"It never occurred to me to reach out to them - I'd reach out to my own community first," said Molly Walsh, 38, head of business development at USA Hosts/Key Events. Her husband, Brian, 37, is the founder and chief executive of Castfire, a video publishing company. The couple, who met at a friend's house in 2006, are participants in Nevada's Burning Man festival and immersed in social networking, for business and pleasure.

Their decision to go public with a private matter was not easy. They feared backlash because the nature of their crisis was not life-threatening. Moreover, they had already saved $10,000, but were overwhelmed by the cost of the treatment - $25,000 to $30,000 in their case because they also need genetic testing of the fertilized embryos. Brian Walsh has Marfan's syndrome, a connective tissue disease, which they do not want to pass on to their offspring. There is also the race against the fertility clock."

Australia - Non-commercial surrogacy is no longer a crime in Queensland after a weeklong debate where sparks were flying over same sex and single parent surrogacy.  Although they do not expect to see surrogacy occuring in great numbers, many are upset with the results. Unfortunately, many also think that any payments to surrogates under the table will be difficult to stop.  One must note, however, that the surrogate is still entitled to not relinquish the baby.  An important note for those thinking of this as an option there. 

• Email This
• Print
• Comments
• Trackbacks

Egg Donation - The legislative agenda of Arizona's state lawmakers is now being made public.  In fact, Representative David Stevens, a Sierra State Republican from District 25, is a primary sponsor of the following bills:

He is a primary sponsor of measures that would require physicians to give specific informed-consent information to prospective egg donors; bar the selling of human eggs; and another that bars in vitro fertilization of a human egg with anything but human sperm or the transfer of a human embryo to anything but a human womb.

Not sure where these bills will end up, as the barring of compensation was debated in Arizona in the past.  We all need to pay attention as this reaches the actual stages of debate. 

• Email This
• Print
• Comments
• Trackbacks

Surrogacy, egg and sperm donation, as well as Adoption put a huge strain on a couple's marriage or partnership.  We all know this whether we acknowledge it or not.  Which is why I teamed up with Expert, Kristen Magnacca, for today's show.  She provides ALOT of great insight for couples who have no where else to go.  There are also issues of jealousy, guilt, sadness, loss, and vulnerability that many choose not to address.  In fact, she noted that couples need to start (together) with the five things to help you, as a couple, survive infertility.

They are as follows:

1.  Write down your dreams
2.  Write down your goals that point you toward those dreams
3.  Focus on your relationship at least once every day, along with focusing on yourself at least once a day
4. Remind each other daily how much love there is between you despite the difficulties you are both now facing
5  Remember your love story - we all have one!

Look to Kristen for further advice - I think, no, I KNOW, that you will not regret it.  I know that I didn't.

• Email This
• Print
• Comments
• Trackbacks

Surrogacy,Embryo Donation & Dr. Phil - well, it has been a slow week for news, but again the legislation that is being considered in Tennessee and Oklahoma should cause us all to pause - patients and industry professionals alike.  TGIF!

Chicago - A Federal Appeals Court has upheld the conviction (rightly so) of a woman who scammed would-be parents by posing as a pregnant woman seeking to place her baby for adoption.  She also responded to ads placed by people looking for surrogate mothers with the false claim that she was already pregnant and was planning to give the baby up for adoption.  Beware and be careful out there.  

Dr. Phil - More on the Michigan Surrogacy Debacle - Should a mental illness prevent a woman from being a mother? Shelly made headlines when she agreed to be a surrogate for Amy and Scott, but later reclaimed the babies when she says she discovered that Amy had a mental disorder. It’s an emotional Dr. Phil you don’t want to miss! 

Oklahoma - The state is considering an embryo adoption law similar to Georgia.  As we know this is disasterous as it increased costs to the Intended Parents.  Take action!

Tennessee - This state is also following Georgia with bills on both the Senate and House Floors.  However, the House Bill does not make an adoption petition required, and it does have some good points, such as the maintenance of records for 21 years and the right of the child to obtain information at the age of 18 years.  It does require a written contract.  This bill is much easier to stomach, and actually would do alot of the things that are needed in this industry, including maintenance of records and release of information at the age of majority. 

Italy - The Italian Court has modified the legislation on Assisted Reproduction by finding the previous legislation regarding the protection of all embryos to be unconstitutional.  The future of this is unknown, as it appears that the Parliment will now need to step in, which is unlikely. 

Another great place to watch for legislative updates and where to find a place to help join the fight is Resolve - Take Action! 

 

 

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments (1)
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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!

• Email This
• Print
• Comments
• Trackbacks

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!

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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!

• Email This
• Print
• Comments
• Trackbacks

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?

• Email This
• Print
• Comments
• Trackbacks

India Surrogacy & German Twins - the twins born to a surrogate in India approximately two years ago have hit another legal hurdle.   The Indian courts had requested that the German government grant the children temporary visas so that the couple can finally go home from India with their children.  However, news reports now state that Germany has rejected the parents' bid for the visas.  The German government stated that their only real option was to adopt the twins.  A cautionary tale for all when thinking about reproductive tourism.

The twins of a German couple born to an Indian surrogate mother may have a chance to go to Germany – if the couple decides to adopt them. The Supreme Court asked the couple if they would consider adopting the two-year-olds as Germany does not recognise surrogate motherhood.

The apex court Monday asked Jan Balaaz and his wife if they would consider adopting the children after Solicitor General Gopal Subramanium told the court that Germany does not recognise surrogate motherhood, but allows international adoption of children by its citizens.

Subramanium told the bench of Justice G.S. Singhvi and Justice Asok Ganguly that in the given scenario, the German couple may consider adopting the twins.

He gave the information during hearing of a lawsuit by the government challenging the Gujarat High Court ruling which had directed the government to give Indian passport to the twins born to Jan Balaaz and his wife through a surrogate Indian mother.

The apex court has asked the couple to take their decision and apprise it within two days.

The apex court on Jan 4 asked the central government to try to settle the tangled issue of citizenship of the twins through diplomatic channels. The children were born to Gujarati surrogate mother Marthaben.

The government is opposed to grant an Indian passport to the twins on the ground that it would mean granting them Indian citizenship.

The Gujarat High Court in its order on a lawsuit by the German couple ordered passports for the twins born in January 2008.

The couple came to India in December 2006 in search of a surrogate mother and entered into an agreement with Marthaben, according to which she lost her right over the child after delivery.

On the plea of the German couple last month, the apex court asked the government to provide travel documents to the twins within 48 hours, while asking them to approach the German embassy for visa to the twins.

• Email This
• Print
• Comments
• Trackbacks

First, let's start out with a moment of silence for all of the people of Haiti.  Please make donations via www.whitehouse.gov.

TGIF!  Now, let's start out with our updates:

1.New York - Abortion foes are challenging the payment of $10K to egg donors for use in research by the NY Stem Cell Board.  Interestingly enough, no donor has donated through this program.  The Board argues that the case lacks merit; however, the group believes that the offer of money for the donation of eggs exploits women.  What do you think?  The Board also argues as follows:

"There is no principled reason to distinguish between donation of oocytes for reproductive purposes and research purposes when determining the ethicality of reimbursement," the board wrote. "The risks associated with donating oocytes to stem cell research are no greater than those associated with reproductive donations. Moreover, donating oocytes to stem cell research arguably confers a greater benefit to society than does oocyte donation for private reproductive use."

The AFP reports Charles Cooper, an attorney for Proposition 8’s campaign committee, Protect Marriage, has said during the trial “the purpose of the institution of marriage, the central purpose, is to promote procreation and to channel naturally procreative sexual activity between men and women in stable enduring unions.”

However, opponents of Prop 8 have a novel argument of their own:

Congratulations Mr. Cooper,  in the name of all that is holy, you’ve just stated the case for denying infertile men or women a marriage license. Looks like it’s time to shut down the uber Christian Snowflakes embryo adoption project.

Largely backed by evangelical Christianity, the California court case stands to have a marked impact on the fate of civil unions and gay marriage across the country. It’s already been made clear by Project Marriage supporters that they’re out to deny a portion of the citizenry their civil rights.

But sweeping statements like those above prove why this is a fight for more than the homosexual population. The CDC estimates more than seven million American women (between the ages of fifteen and forty-four) have fertility issues. That’s nearly twelve percent of the female population of childbearing age.

Currently, seven and a half percent of married women in that age range are infertile. And that’s just the women - studies posit forty percent of infertility issues in couples are from the male.

• Email This
• Print
• Comments
• Trackbacks

Surrogacy, Surrogacy, Surrogacy - good morning and a shout out to my friend and colleague, Melissa Brisman, for her spot today on Good Morning America regarding the Michigan twins that were handed over to their gestational surrogate.  The parents call it "legal kidnapping."  What do you think?  I think that this is a sad loophole in the law that needs to be fixed since she is a gestational surrogate.  By the way, I think that the facts show that the parents were found fit with a home study.   

So, with that, why does the surrogate think that they are "her babies?"  Hasn't she been a surrogate twice before?  Has she been judged as a fit parent now that she has six children?  Are they receiving any state aid? 

Oh, and by the way, is it true that the agreement with the parents was only oral?  If so, didn't she know better since she has done this before?  Or, is she hiding something due to the laws in Michigan so as not to face criminal prosecution, if any?

Many, many questions from my end.  How about you?  And, again, I must reiterate, speak with a lawyer first!!  Or, at least before one moves forward, whether as an Intended Parent or a surrogate - because in this case, everyone here loses - both families and these children. 

See Video from GMA here.

• Email This
• Print
• Comments
• Trackbacks

With time on your hands over the holidays, I thought I would update everyone on a few interesting additions to the television line up.  Modern Families on ABC is a great show in many ways, as is shows how different families can be while poking fun at itself.  Some things are clearly cliche; but, you can't have everything! 

On the other hand, there is a new show, which Fertility Authority actually brought to my attention, called Find My Family.  It sounds like a good premise; however, what concerns us the most is the fact that it claims to bring families back together.  What I do hope is that they address what a family is and that they come in all shapes and sizes regardless of origin.

Happy New Year to all - this will be my last blog post until next week, so have a great week.  See you in 2010!!

• Email This
• Print
• Comments
• Trackbacks

Hello, and welcome to Friday Legal Updates regarding surrogacy, sperm donation, adoption, and other topics of interest.  TGIF!  Short but sweet so enjoy!

1. Florida - Florida Must Recognize Lesbian Adoption from Washington - The answer, an appellate court said earlier today, is that Florida must recognize the adoption.   In other words, when parenthood is established by adoption it is portable.

2. Virginia - Court Gives Full Faith and Credit to NC Custody Order for Gay Dads.  Three-judge panel of the Court of Appeals of Virginia ruled on November 24 that the Fairfax Juvenile and Domestic Relations District Court had properly accorded full faith and credit, as required by the U.S. Constitution, to a North Carolina judicial decision awarding primary legal and residential custody of a child to two gay men (who are registered California domestic partners). Still pending before the lower court is a demand by the woman who served as surrogate mother for this child that the North Carolina custody ruling be modified to give her sole custody. One of the judges on the Court of Appeals argued in dissent that the case was not properly before the court for review.

3.  Pennsylvania - Court Orders Child Support from Sperm Donor.  might be the first of its kind in the U.S.  A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. would have to pay to the birth mother of the 8-year-old boy and 7-year-old girl.  “I’m unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child’s support and are also entitled to visitation,” said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law.

4.  Ireland - Gay sperm donor should see his son.  DUBLIN (AP) -- The Irish Supreme Court ruled Thursday that a gay man who donated his sperm to a lesbian couple should be permitted to see his 3-year-old son regularly - in part because Ireland's constitution doesn't recognize the lesbians as a valid family unit.

5. Israel - Israel to Address Gay Surrogacy.  The Israeli Health Ministry is considering to allow gay couples to have a child through surrogate mothers, according to ministry legal adviser Mira Huebner-Harel.  Heubner-Harel announced Monday at an Israel Society of Obstetrics and Gynecology conference that the health ministry is planning to form a committee to update the law.  "The traditional family unit has been changing lately," said Huebner-Harel, reports Haaretz. "A man, woman and child was good, but the trend is changing, and we know of male couples who travel across the sea to have children through surrogates."

6.  India - Surrogacy should be governed by laws, not market: Panel.  Repulsed by commercialisation of surrogacy using reproductive technologies, the Law Commission has proposed a legislation to restrict it to altruistic arrangements and clearly define the rights of commissioning parents, child and the volunteering mother.  It also proposed that surrogacy should be governed by contract among the commissioning parents and the surrogate mother.

Have a great weekend!!

• Email This
• Print
• Comments
• Trackbacks

Hello, everyone, sorry for the long time between posts, but today is a great one by our own Corey Whelan of the American Fertility Association.  She wrote an excellent article in the Examiner on Reproductive Tourism that I think is a must read:

"Increasingly, we find ourselves living in a global society. Through online communication, and social networking initiatives like twitter and ......  read more here.

Ms. Whelan continue as follows: "This story does not represent an isolated incident.  Family formation and reproductive law attorney,  Theresa Erickson, Esq., has researched programs in places such as India, Thailand, and the Ukraine, where surrogacy is not regulated or supported by law.  Erickson has found that on average the financial costs are usually not much different from those found  in our country, especially when you figure in the risks that must be undertaken legally, particularly in places where the levels of medical technology, safety, and privacy regulation is lower than our own.

Erickson noted that the intended parents in this case thought they had done everything right.  They contacted the appropriate authorities early on in their search.  And yet, neither they, nor their babies, were protected by law.  Also unprotected in this case was their surrogate, or their anonymous Indian egg donor.

In countries where poverty is widespread, inferior medical care, as well as poor nutrition and substandard sanitary conditions are the consistent norm.  Indian women living under these conditions may feel a level of coercion  when considering the financial escape hatch that surrogacy can give them.  An Indian surrogate can expect to earn somewhere between $3,000- $6,000 as a surrogate.  In a country where the per capita income is not quite $500 per year, this is a staggering sum.

Is this exploitation?  Or is it rather a great opportunity for the women now being outsourced to play this role?  Says Prospective Families Donor Agency founder and long time donor advocate, Amy Demma, J.D.  "I have heard colleagues question pre-natal care and other clinical issues. There are risks, and they are serious".    

As there are no official records about surrogates kept in India, we do not know how many women give birth to babies in this way, nor do we know how many failed attempts there are.  We also do not know the quality of medical care that these women will receive after they give birth, or how they will be cared for if medical complications related to the birth occur.

Everything possible should be done  to obtain accurate information about the care your surrogate has and will receive both before,during, and after her pregnancy. "

• Email This
• Print
• Comments
• Trackbacks

IVF, Reproductive Technologies, Catholicism, and Surrogacy in Australia are our updates for today.  In fact, just this week, the Catholic Church issued a statement that can be found here regarding couples who are infertile and how the Church views how they proceed in creating a family.  I found it to be interesting, but certainly painful for those Catholics who cannot conceive naturally. 

What is absolutely great; however, is that the American Fertility Association is having an upcoming webinar on Catholics and IVF: A Pastoral Approach as follows:

"Are you a Roman Catholic or married to one and considering IVF or other forms of ART for your family?  Does the Roman Catholic Church’s position raise concerns regarding your decision? 

This webinar will help prepare Catholics who are considering IVF / ART or have a child born as a result of IVF / ART to have a productive and respectful conversation with their pastors from the perspective of their lived experiences. The guest speaker will be Father Jon Pedigo, STL.

For more information, please email Corey at:  Corey@TheAFA.org"

Please consider attending if this is something that you are currently dealing with in your life.  I am certain it will be informative. 

Australia - Surrogacy is now legal for childless South Australian Couples.   Unfortunately, it only applies to heterosexual couples and for non-compensation surrogacy.  Definitely a step in the right direction - but there needs to be more inclusiveness.

TGIF and have a great weekend!

• Email This
• Print
• Comments
• Trackbacks

Surrogacy, Surrogacy and more Surrogacy on this Happy Friday Morning!  Too bad it is gloomy outside here in Southern California, but it could always be worse.   Welcome to today's updates.  Have an awesome weekend!

New York - Greenwich doctor uses wrong sperm to produce twins for one of his patients - oh, and it is his sperm!  

"Hundreds of women have trusted him with their bodies, and their dreams of motherhood. Many depend on him as their doctor today.

But for nearly seven years, none of Dr. Ben D. Ramaley's patients have known that the prominent obstetrician/gynecologist had been accused of an almost unimaginable act - substituting his own sperm for that of a patient's husband during an artificial insemination procedure.

The allegation was made against the veteran Greenwich doctor in a 2005 medical malpractice lawsuit - which was quickly settled, then sealed, the very court documents shredded. The suit was filed by a couple when a DNA test revealed that the husband was not the biological father of their twin girls, born after an insemination procedure performed by Ramaley."   Ouch is all I can say!

Nevada - Nevada group sues to stop anti-abortion petition.  "The Nevada Personhood initiative violates state law by misleading voters about the true outcomes of the constitutional amendment, according to the lawsuit filed by the American Civil Liberties Union and Planned Parenthood.

"It utterly fails not only to mention it will ban all abortions-- even in the case of rape and incest-- that it will prevent much fertility treatment and birth control, but that it conflicts with a prior vote of the Nevada electorate and it conflicts with the U.S. Supreme Court," said Lee Rowland of the ACLU of Nevada. "Voters need to understand what a monumental change they would be making should they vote for this initiative."

The petition filed by conservative Las Vegas activist Richard Ziser seeks to add a single sentence to the state constitution: "In the great state of Nevada, the term 'person' applies to every human being."

Supporters contend the amendment would grant due process rights to "everyone possessing a human genome," according to a five-paragraph description on the petition.

It's that description of effect that abortion-rights advocates claim is misleading and against state law governing initiative petitions. The description does not use the word "abortion," although it refers to the "unborn."

Ziser said the lawsuit has been filed because opponents disagree with what it would accomplish, not because its outcome is unclear."

Australia - The Queensland Opposition has moved to exclude same-sex couples from new surrogacy laws.  "The State Government is legislating to decriminalise altruistic or non-commercial surrogacy and the laws have been framed to include same-sex couples.

Opposition Leader Lawrence Springborg has introduced a Private Member's Bill to rival the Government's legislation.

"The Bill makes it clear that the only form of surrogacy which will be legal will be non-commercial and for heterosexual couples only," he said.

"Same-sex and single and commercial surrogacy arrangements will remain illegal."

UK - Couple in embryo court battle to stop the destruction of stored embryos.  "They took the action after narrowly falling outside new rules which relax the upper age limit at which a woman can have an embryo implanted.

From 1 October an age limit of 55 was removed, but the woman involved had reached that age days earlier.

That means continued retention of their embryos is currently illegal

• Email This
• Print
• Comments
• Trackbacks

As we all know, California passed legislation this month that required egg donation advertisements to include language regarding the risks that are involved in the medical procedure.  Of course, it is not enough for those of us in the industry- BUT would we have preferred that it be TOO MUCH?  In fact, the original piece had wanted the egg donors to see a different IVF physician for a pre-consult, which would have added additional costs to the Intended Parents' already steep costs. 

I will admit, I did applaud the efforts of the California legislature for being the first state to actually DO SOMETHING.  And, despite the NAYSAYERS that are blogging incessantly about how it is not enough, let's be glad for two things: 1. Is was not TOO MUCH and 2. It is a start in the right direction.  The entire purpose of the legislation was to protect the egg donors from being exploited - does it do that perfectly - heck no!  Does it need to do more - heck yes! 

So, with that in mind, I continue my applause as I, along with others in this industry, continue to push for standards in the industry that further protect the Egg Donors, Surrogates and Intended Parents.

• Email This
• Print
• Comments (1)
• Trackbacks

As we all know, California passed legislation this month that required egg donation advertisements to include language regarding the risks that are involved in the medical procedure.  Of course, it is not enough for those of us in the industry- BUT would we have preferred that it be TOO MUCH?  In fact, the original piece had wanted the egg donors to see a different IVF physician for a pre-consult, which would have added additional costs to the Intended Parents' already steep costs. 

I will admit, I did applaud the efforts of the California legislature for being the first state to actually DO SOMETHING.  And, despite the NAYSAYERS that are blogging incessantly about how it is not enough, let's be glad for two things: 1. Is was not TOO MUCH and 2. It is a start in the right direction.  The entire purpose of the legislation was to protect the egg donors from being exploited - does it do that perfectly - heck no!  Does it need to do more - heck yes! 

So, with that in mind, I continue my applause as I, along with others in this industry, continue to push for standards in the industry that further protect the Egg Donors, Surrogates and Intended Parents.

• Email This
• Print
• Comments
• Trackbacks

Hello and welcome to another Friday edition of our legal updates.  Alot has been happening in the US this week, so our focus will be there.  Note as I list these updates, feel free to comment on whether you agree or do not agree.  How does this case or this law affect you?  There are so many facets of assisted reproduction, and there is likely someone else out there just like you who has the same questions, fears and concerns.   Again, TGIF!

Washington State - The state has passed a gay partnership law that essentially provides gays and lesbian "everything but marriage."  The measure asked voters to approve or reject the latest expansion of the state's domestic partnership law, granting registered domestic partners additional state rights previously given only to married couples.

Full-fledged gay marriage is still not allowed under Washington law.

Illinois - Two for Illinois this week:

a.  Couple Claims Institute Mixed Up Embryos - Oh, no, not another one!   "A couple who sought fertility services to prevent passing on a genetic disorder says doctors at the Reproductive Genetic Institute carelessly commingled their eggs and sperm with that of other patients to create embryos. 

      The husband and wife, Abdullah Abdulmohsen and Enas Ibrahim, say they sought the institute's expertise to ensure that their children would not be born with a genetic disorder, Fragile-X syndrome, which Ibrahim inherited from her parents. Fragile-X causes "mental impairment" and is the "most common known cause of autism," according to the Fragile-X Foundation.   The institute promised to provide the couple with "pre-implantation" genetic testing and in vitro fertilization, according to the complaint in Cook County Court.

     The couple says that Ibrahim endured hormone treatments to produce numerous eggs which the doctors promised to fertilize with her husband's sperm. But they say doctors carelessly fertilized her eggs with another man's sperm and used her husband's sperm on another woman's eggs.   They say the institute informed their relative that the embryos formed from Ibrahim's eggs do not match her husband's DNA. They say the doctors at the institute did not properly keep track of the eggs and sperm or the embryos produced in the mix-up.

b. Human Eggs for Sale - Too Many of Them - "An infertile couple claims an unregistered surrogacy center was in cahoots with a woman who used an alias to donate her eggs more than a dozen times, in violation of industry guidelines. The couple says that when they demanded their money back from Angels in Waiting Surrogacy Center, its owner, Dianna Watschke, closed the company down and reopened under another name.  John and Kelli Conroy claim Watschke and Angels in Waiting, of Grayslake, Ill., failed to locate a suitable egg donor or reimburse them for a hefty retainer they paid after getting false information about the egg donor, "Kristin."

They say Watschke induced them to pay money up front based on false information about "Kristin." Based on information on the defendants' Web site, the Conroys say, they contacted Watschke "to inquire about whether 'Kristin' was available and eligible to be a donor for the plaintiffs."  They say Watschke falsely assured them she "would obtain 'Kristin's' medical, psychological, pregnancy history and egg donation history to confirm that there was nothing to indicate 'Kristin' was unable to undertake the risks of the egg donation cycle."   See Courthouse News for more informationon link above.

Colorado - Proposed Colorado Initiative to Define Eggs as People - "A new ballot measure campaign in Colorado seeks to legally define eggs, not just embryos, as people. The measure (see PDF) seeks to amend the state constitution so that "the term 'person' shall apply to every human being from the beginning of the biological development of that human being," According to the Colorado Independent, this would "move the legal definition of a person further back into the reproductive cycle, granting cells the full spectrum of citizen rights."

The proposed measure goes further than Amendment 48, which was defeated in the 2008 elections by 73 to 27 percent and was a personhood initiative that declared a fertilized egg to be a person who enjoys all constitutional rights "relating to inalienable rights, equality of justice, and due process of law".

If the initiative passes, it would not only put a woman's right to an abortion in danger but also threaten oral and emergency contraception, IUDs, in vitro fertilization clinics, and stem cell research. Biology professor Dr. Johnathan Van Blerkom, of the University of Colorado in Boulder, told the Colorado Independent that "to begin with [embryonic] stem cell research would stop.There would be no research in genetics in the causes of the origins congenital diseases that occur in humans, how to fix them, how to protect them early." Van Blerkom also expressed concern about liability. He said, "it's criminal liability. So would any program want to freeze an embryo in the state of Colorado? If the embryos die, as they frequently do when they are thawed, is that your responsibility? Is it an act of God? An act of science?"

Maine - Maine voters repealed a state law Tuesday that would have allowed same-sex couples to wed, dealing the gay rights movement a heartbreaking defeat in New England, the corner of the country most supportive of gay marriage.

Gay marriage has now lost in every single state — 31 in all — in which it has been put to a popular vote. Gay-rights activists had hoped to buck that trend in Maine — known for its moderate, independent-minded electorate — and mounted an energetic, well-financed campaign.

I look forward to your comments!  Have a great weekend!

 

• Email This
• Print
• Comments
• Trackbacks

With the new blunder discovered at a UK clinic, more patients are afraid of what if it happens to them....

In fact, as discussed by By Susie Mesure in The Independent, donor sperm with chromosomal abnormalities went unscreened, raising the risk of miscarriage and birth. defects. 

"A serious blunder at one of Britain's top fertility clinics dramatically increased the risk its patients would suffer a miscarriage or give birth to a child with serious health problems, sparking fresh fears about how IVF centres are run in the wake of a series of scandals."

In fact, "Fertility experts believe the LWC's error could be the "tip of the iceberg", and that it raises serious concerns about how the industry is regulated. It is the latest in a series of high-profile incidents, including a couple's last viable embryo being implanted into another woman, and eggs fertilised with the wrong sperm, forcing three couples' embryos to be destroyed."

"The blunder constituted the most severe mistake that a clinic can make, according to the Human Fertilisation and Embryology Authority, which regulates the multimillion-pound IVF sector. In future, the watchdog will name and shame clinics for similar incidents under new rules to expose mistakes and near misses."

Yes, mistakes do happen, and we need to keep an eye on regulations that will make this field of medicine as error free as possible.  In fact, there are many things that the fertility patient can do for themselves to ensure that they set themselves up for success versus the failures that we have seen in the UK, Ohio and even Louisiana.

I suggest to each one of my clients that following:

1. Make certain that your doctor and clinci is board certified and cleared by the FDA, including their lab being accredited.  Look to SART,  CDC, and the AMA.

2. Speak with your clinic to understand how they label embryos, sperm, eggs, etc.  Also, ask questions regarding all testing provided by the clinic on embryos, sperm, and eggs.

3. Always check to see if there are any complaints against the clinic and/or the doctor;

4. Ask the clinic if they have a policy for disclosing mistakes or errors to patients?  Also, what is their history of any such mistakes/errors.

5. DO NOT BE AFRAID to ASK QUESTIONS - no question is stupid or silly. 

For more information, also look to Dawn Davenport's article on this issue.

• Email This
• Print
• Comments
• Trackbacks

TGIF to all!   I certainly need the weekend to relax - and to stay warm.  It is freezing in Southern California (I know, it is not really freezing, but it is for me!). 

Washington - "A judge dismissed a case this week by a Christian adoption agency's challenge to Obama administration regulations expanding stem cell research.

The case arose from a decision by President Barack Obama to lift restraints on stem-cell research that were put in place by President George W. Bush.

Nightlight Christian Adoptions contended in a lawsuit that the government's new guidelines will decrease the number of human embryos available for adoption. U.S. District Judge Royce Lamberth called that assertion speculative. Donors, the judge said, still may choose to continue to store the embryos or give them to an adoption agency rather than donate them for research.

For Nightlight to have grounds to sue, Lamberth ruled, potential embryo donors have to choose to donate their embryos for research and not for adoption.

Nightlight helps individuals adopt human embryos that are being stored in fertilization clinics. Nightlight began the program in 1997, using some of more than 400,000 frozen embryos with infertile couples.

"We're considering filing an appeal," said Ron Stoddart, executive director of Nightlight Christian Adoptions of Anaheim Hills, Calif. "It's unfortunate that the court did not address the merits of the action and instead took the easy way out and said in essence that we were not affected by the new guidelines and therefore weren't entitled to sue."

UK - Two stories out of the UK today -

a.  Women Using Surrogates in Fight for Maternity Leave: "

Campaigners claim the authorities are discriminating against “rent-awomb” mothers and have submitted evidence to ministers warning against the practice. They are calling for a change in the law.

The Government published new guidelines on surrogacy last month which were aimed at improving the rights of surrogacy patients, but did not tackle maternity pay.

The current guidelines only allow women who undergo a successful pregnancy to paid leave. They get time off even if they are not the genetic parent.

But people who use a surrogate have no right to paid or unpaid leave to look after their newborn child.

Adoption leave is also unavailable, because it only applies where a child is newly placed by an adoption agency.

Fertility law firm Gamble and Ghevaert is writing to ministers demanding they tackle the problem.

Partner Natalie Gamble said surrogacy is still regarded as an “exotic rarity”, which means statutory maternity leave does not apply.

Ms Gamble said: “The lack of right to maternity leave is tied up with the fact the surrogate mother is regarded as the mother.

“In any other circumstances you would get maternity leave. Women aren't going to need a whole year. What would make sense is a system where you have some sort of sharing arrangement [for maternity leave].

“We also need to take account of our modern human rights and anti-discrimination laws which do not allow unfair treatment of minority groups, however small they are.”

More than 40 babies are born in Britain every year with the help of a surrogate. The majority are to women who are unable to carry their own baby for medical reasons.

There is opposition in Britain to surrogacy becoming a “commercial” transaction. Restrictions mean surrogates cannot be paid for their services, although they may receive expenses.

These restrictions have triggered a rise in couples going abroad. But foreign surrogacy can be fraught with problems and a baby can end up being “stateless”.

The surrogate mother also has the legal right to keep the child, even if it is not genetically related to her.

Surrogacy arrangements are not legally enforceable. This applies even if a contract has been signed and the expenses of the surrogate have been paid. In British law, the woman who gives birth is always treated as the mother."

b.  Women Fear that their babies are not theirs after lab errors: "IVF is gruelling, heartbreaking and harsh. It's a costly gamble in which you can stake a fortune, your health and your sanity, more often than not for nothing. The odds are stacked against you from the start. So at the time of my own embryo transfer, any fear of laboratory mix-ups was subsumed by anxiety over whether the damn thing was going to work or not. In the euphoria that came when I discovered that I was pregnant, I pushed to the back of my mind the dangerous possibilities surrounding a baby conceived outside your body.

One fertility counsellor – who does not want to be named – says that she deals with an increasing number of people who fear that the clinic may have made a mistake. "It's an issue for a lot of couples, particularly the women. Mothers need to be sure of that bond and it's not uncommon to experience doubt."

This uncertainty over maternity isn't something I share. My daughter couldn't look more like my son. It's the first thing everyone says when they peer into her pram. But anyone who has been through the process of IVF will be able to imagine the doubt, the corrosive guilt, that some parents experience.

Maria underwent IVF after several years of unexplained secondary infertility. She has a nine-year-old daughter, conceived naturally, and a two-year-old son, courtesy of IVF. "I felt almost straight away that my son was different. He doesn't look anything like any of us. We're both Mediterranean so we are all very dark and olive-skinned. My son has a pale, Celtic complexion and reddish hair. People often express surprise when they realise I'm his mother; someone even once asked me if he was adopted."

I ask her if her partner has the same doubts. "I think he does," she says, then amends this to: "I know he does. I've seen him looking at him with a strange expression on his face." But they've never discussed it? Maria is emphatic: "We couldn't. Having that conversation would be admitting something terrible. It's taken me a while to get to this point but he's ours, whatever. He's our son. We love him and that's that."

Another woman, Linda, has two children from IVF and says that she "strongly suspects" one of them isn't biologically hers. "I can't really explain it," she says, "it's just an instinctive thing. He smelt different as a baby, he looks different, he just is different. I love him – I love him to bits – but I feel more and more that he probably isn't mine."

For some, the temptation of a DNA test becomes overwhelming. Michelle, from Yorkshire, says she arranged one for her five-year-old daughter and then cancelled it the day before. "I decided I didn't want to know. The potential outcome was too frightening. I'd rather live with the not-knowing." Belinda did go as far as DNA testing her twin boys. "I was so sure, 100% sure, there had been a mistake. The clinic I went to was a shambles; the staff were so distracted; [the clinic] was later shut down after it failed an inspection. But the test turned out positive: they were ours. It was like finding out I was pregnant all over again."

Note:  From October 1, the HFEA has introduced new rules, which include stricter guidelines about the handling and storage of gametes and embryos. If these are adhered to, the hope is that these rare but devastating mistakes will vanish – and along with them any anxieties that parents might feel about their children.

Croatia - "The Croat parliament on Friday passed an amended law on in-vitro fertilisation (IVF) making it easier for couples to receive treatment to help them to conceive.

Under the revised law couples only have to sign a statement confirming they are in a relationship. Previously they had to prove before a court they had been together for three years.

The new law, however, will still ban the freezing of embryos despite strong criticism from the opposition and parents' groups.

"Freezing of embryos is the gold standard everywhere in Europe except in Croatia," deputy of the main opposition Social Democrats, Milanka Opacic, said before the vote.

She accused Health Minister Darko Milinovic of denying couples access to the best means of overcoming fertility.

Until the new law, which was adopted in its unamended form in July, the freezing of embryos had been used by Croatia's doctors in IVF treatments.

The former Yugoslav republic's original legislation dated back to 1978, the year that the world's first test-tube baby was born. At that time freezing of embryos did not yet exist as a fertility technique.

Under the new law, children conceived by donated eggs or sperm will also be able to obtain information about his or her biological parents when they reach 18 if donors have given their prior agreement."

• Email This
• Print
• Comments
• Trackbacks

San Diego & Los Angeles, CA October 27, 2009 – Egg Donation Lawyer Theresa M. Erickson applauds Governor Schwarzenegger and Assemblyman Marty Block for enacting a statute that will further protect those women who are donating their eggs for infertile couples, in addition to those protections put in place via Proposition 71 for those donating to research. This law would require an advertisement seeking egg donors associated with the delivery of fertility treatment, including assisted oocyte production, to contain a prescribed notice relating to the potential health risks associated with human egg donation.

The final version of the bill requires that every advertisement include the following information: "Egg donation involves a screening process. Not all potential egg donors are selected. Not all selected egg donors receive the monetary amounts or compensation advertised. As with any medical procedure, there may be risks associated with human egg donation. Before an egg donor agrees to begin the egg donation process, and signs a legally binding contract, she is required to receive specific information on the known risks of egg donation. Consultation with your doctor prior to entering into a donor contract is advised." In fact, Attorney Erickson believes that the law also finally settles the question as to whether a binding legal agreement between the parties is required in addition to the informed consents signed with the fertility clinics due to the specific language that was signed into law on October 11, 2009. 

According to the Biopolitical Times, this law is the first of its kind in the United States, and Egg Donation Lawyer Erickson, who has been an egg donor herself, applauds this as a step in the right direction.   However, Attorney Erickson insists that more needs to be done to ensure the protection of the parties involved in assisted reproduction technologies, including embryo donation and surrogacy. 

http://www.prweb.com/releases/eggdonation/lawyer/prweb3120394.htm

• Email This
• Print
• Comments
• Trackbacks

Good Monday Morning to all!   Today's focus in Europe, specifically Croatia, where they have some of the strictest IVF laws.  At this point the legistlature has voted to restrict IVF treatment to married couples and only those who can prove that they have been together for at least three years.  Furthermore, they are also prohibiting the freezing of embryos left over from any treatment.   Donors of eggs and sperm can also no longer be anonymous, and the information can be accessed at the age of 18 by the child. 

Critics claim that this new legislation is going to stop IVF treatment all across the country.  The President has referred the legislation to the Constitutional Court, where childless couples and individuals will have to wait until next April for a hearing. 

In the UK, a leading IVF lawyer is appalled at the latest figures regarding IVF clinic blunders just released by HFEA.  "Figures released yesterday by the HFEA under the Freedom of Information Act showed a catalogue of blunders at some of the countrys top IVF clinics, including staff dropping embryos, eggs and sperm on the floor or samples being mistakenly thrown out with the rubbish. Failed storage equipment also meant that frozen embryos and sperm samples thawed which could in some cases lead to a familys last chance of having a natural child of their own being lost. "

"The figures show that between April 2005 and March 2006 140 incidents and near misses were reported to the HFEA. Of these 91 were categorised as Grade A being the most severe with 38 Grade B incidents and 11 near miss incidents. The report Driving Improvement which is available from the HFEA website here confirmed that the most serious incidents include the loss of gametes (eggs or sperm) and embryos through dropping dishes or tripping or accidental disposal and that equipment failure compromised viable embryos."

This is certainly a tragedy for all patients involved. 

"Muiris Lyons added I have acted for a number of people who have lost gametes or embryos in claims against the clinics involved. The recent report shows the scale of the problem which has plainly affected a significant number of people.

The most serious IVF blunder in the UK occurred in Leeds in 2002 when mixed race babies were born to a white couple after a womans eggs were fertilised with the wrong man's sperm."

"The case gave rise to the recent acclaimed Channel 4 docu-drama Born with Two Mothers "Born with Two Mothers" in which Muiris appeared as himself advising one of the couples involved in the mix-up. The plot device was also used in the third series of hit American show Desperate Housewives which aired on Channel 4for the first time in the UK last week where childless couple Gabrielle and Carlos Solis were the victims of an IVF clinic blunder which resulted in their surrogate mother giving birth to a black child following an embryo mix-up."

Ouch! 

• Email This
• Print
• Comments
• Trackbacks

TGIF to all!  Back from the ASRM conference in Atlanta, and I am just catching up.  Very exciting conference for all.  In fact, we have new guidelines listed below for embryo transfers.  Enjoy!

National USA - The ASRM revised their guidelines in August, which was published this past week in Fertility and Sterility.   These guidelines are a further attempt to multifetal pregnancies and certainly another step in the right direction while permitting individual treatment plans based on each patient's unique circumstances.

California - The Governor signed into law on October 11, 2009, Assembly Bill No. 1317, which requires those advertising for egg donors to include the following language in their advertisements:

"Egg donation involves a screening process. Not all potential egg
donors are selected. Not all selected egg donors receive the
monetary amounts or compensation advertised. As with any medical
procedure, there may be risks associated with human egg donation.
Before an egg donor agrees to begin the egg donation process, and
signs a legally binding contract, she is required to receive specific
information on the known risks of egg donation. Consultation with
your doctor prior to entering into a donor contract is advised."

National Debate - Is having a uterus a "pre-existing" condition?  Some apparently think so.  "Across health insurance markets, discriminatory industry practices put fair and affordable coverage out of reach for far too many women," Greenberger testified on Oct. 15. "We have heard repeatedly from predominately female businesses that have learned that their health insurance premiums are higher because of the gender of their employees."

Fortunately, Over the weekend, California Gov. Arnold Schwarzenegger signed a new state law that bans gender rating, which is the practice of charging women higher insurance rates than men for the same services.

France - A woman is denied her dead husband's sperm for the purposes of creating a child by the French courts.  A French court on Thursday turned down a bid by a 39-year-old widow to retrieve her late husband's frozen sperm in order to have his child by insemination.

Fabienne Justel wants a sperm bank in the western city of Rennes to hand over samples from her husband Dominique, who died of cancer three months after their marriage in June 2008.

Justel hopes to use the sperm to undergo insemination in a foreign country, since it is illegal to carry out the procedure in France after the death of one of the partners, or in cases of divorce or separation.

Have a great weekend!

• Email This
• Print
• Comments
• Trackbacks

TGIF!  Today is short and sweet as I am on my way to ASRM.  Blog posts on the conference to follow.

California -  A move that went largely unnoticed by the media on Monday, California governor Arnold Schwarzenegger quietly signed a bill that adds new rights for gay and lesbian couples.

Schwarzenegger signed the bill, SB-54 by Senator Mark Leno (D), on Sunday, his office said. Leno's bill requires California to recognize marriages performed in other states where same-sex marriages are legal.

Supporters and people opposed to gay marriage have been in court battles for years, with voters in the state approving Proposition 8 in last year's election. Proposition 8 was a ballot proposition that defines marriage to be between a man and a woman.

Louisiana -   A hearing was held Tuesday in the case of in-vitro fertilization labeling problems at Ochsner Medical Center that led the hospital to suspend its in-vitro program indefinitely.

The judge was asked to decide whether Ochsner should be prohibited from communicating with in-vitro patients who don't have lawyers. A ruling is expected next week.

Attorneys for two couples who are suing the clinic don't want other patients who may have been affected by the mislabeling practices to be allowed to communicate with Ochsner directly, unless they've been advised they may need to contact a lawyer first. A hearing was held Tuesday in the case of in-vitro fertilization labeling problems at Ochsner Medical Center that led the hospital to suspend its in-vitro program indefinitely.

 

The judge was asked to decide whether Ochsner should be prohibited from communicating with in-vitro patients who don't have lawyers. A ruling is expected next week.

 

Attorneys for two couples who are suing the clinic don't want other patients who may have been affected by the mislabeling practices to be allowed to communicate with Ochsner directly, unless they've been advised they may need to contact a lawyer first.

New York - Feminists Choosing Life of New York (FCLNY) filed suit Friday in New York State Supreme Court (Albany) to block the use of taxpayer funds to pay women recruited to donate their eggs for embryonic stem cell research.

FCLNY Executive Director, Wendy McVeigh stated: "New York State has the responsibility to protect women. Instead, the state is using taxpayers' dollars to entice young, economically vulnerable women to experiment in this medically risky procedure."

New York State is the first governmental entity anywhere in the U.S. to approve taxpayer money to pay women to undergo an invasive procedure to harvest eggs for embryonic stem cell research.

The legal complaint was filed on October 9, 2009 in Feminists Choosing Life of New York v. Empire State Stem Cell Board.  In part, the complaint states, "The Payment for Eggs Program provides significant monetary inducements to women to engage in this painful and risky procedure, which in part disproportionately appeals to economically vulnerable women...(it)...fails to satisfactorily provide for informed consent and other safeguards to ensure adequate disclosure to women of the risks of egg harvesting."
 

• Email This
• Print
• Comments
• Trackbacks

The role of a trustee is expanding.  Trusts are evolving to harness medical advances. With the use of stem cells and other genetic material babies born today are expected to live over 100 years.

As part of this evolution, new state laws now make extracting live sperm from a dead body for later reproductive use legal. Cryobanks around the country are receiving customer deposits of frozen reproductive cells which include stem cells, cord blood, sperm, eggs and embryos. The courts have held that genetic material is property, like securities and may be bought, sold or transferred.

Unclaimed and abandoned property or genetic material in these banks, including sperm or embryos can be used to create a child through in vitro fertilization (IVF) without the knowledge or consent of the owner. This child, if conceived by a former wife or ex-girlfirend may have rights to an ultimate inheritance from the owners estate.

To account for this material, estate planners have begun to recommend adding provisions to their client’s trusts to be sure this property is managed properly after death – requiring trustees to understand this new language and take on new responsibilities.

Frozen Heirs

The process begins by storing sperm or an egg with the idea that a child may be born after the death of one of the parents. In the past, a child would be born after the death of his or her parent only if the father died during the pregnancy or the mother died during delivery. Most state’s laws account for this and protect an after born child to permit that child to inherit from the deceased father or mother. In other words, a child conceived during the parents’ lives is protected and is considered a lawful heir.

In 1999 everything changed with the birth of Brandalynn Vernoff, the first known child in the United States conceived with the sperm of a dead man. Brandalynn’s father, Bruce Vernoff, was only 35 when he died in 1995 from an accidental overdose of prescription medications. Thirty hours later, at the behest of Vernoff’s grief-shattered family, a doctor extracted five vials of Vernoff’s sperm and stored them in a sperm bank. In 1999, using advanced reproductive technology, a team of specialists posthumously fertilized Bruce’s widows’ eggs. The result was Brandalynn who arrived March 17, 1999 – almost four years after her father drew his last breath.

This is called posthumous conception. It is now possible and with the use cryopreservation, a family can complete its family formation objectives after the death of one on the parents.

But there are still pieces of this puzzle that need to be understood. First, how does a trustee arrange for collection of live sperm from their dead clients corpse? And, second, what inheritance rights does a posthumously conceived child have from their father’s estate?

First, as trustee, you should know, in advance, if the medical powers of attorney require the executor or trustee of the estate have sperm extracted and cryopreserved. Of course, you can avoid all of this ahead of your clients death by advising them to deposit eggs or sperm in a cryobank.

Hurry, We Need a Urologist

I interviewed Theresa M. Erickson, an astute and knowledgeable family formation lawyer based in San Diego, California. Erickson says, depending where you are “finding someone to extract sperm from a corpse may prove difficult.” She added, “most urologists are reluctant to perform the procedure.” Sperm is not preserved indefinitely in a dead body. It should be extracted within 36 hours or less. Although she said, ”one doctor told her that it can be good for up to one week.”

Therefore, for the trustee, when you receive one of these trusts, be sure you have a willing urologist available on-call as you never know when your client may suffer an accidental death. You might start by asking for a referral from Los Angeles Urologist Dr. Cappy Rothman, the physician who extracted the sperm in the Vernoff case. He is also a co-founder of the California Cryobank.

Once you have multiple vials of your deceased clients sperm, you as trustee, will need to get it deposited into a cryobank. To get clear on this, I interviewed Scott Brown, from the California Cryobank, America’s biggest and oldest sperm bank. Brown says is easy to make a deposit. This is usually handled though the physician that collected the sample. However, they will take a direct deposit from a trust company on behalf of their trust client. Opening an account and making a deposit is not like depositing money with Bank of America. Brown says you should have your attorney draw up an agreement. This agreement should be clear as to who is the sperms owner.

The next step for the family it to decide what to do with the sperm. This decision has to be made quickly. California laws say the sperm must create a child within 2 years from the death of the donor, or the child will not have an entitlement to an inheritance. It is legal to use the use the sperm beyond two years, but the child will not see any money from the estate.

All of these thorny issues involving family formation after death of a spouse should be spelled out long before the death of a family member. I found one estate planning law firm in Denver that deals with these issues head on. I interviewed Teresa C. Baird, last week. Her firm, Fairfield and Woods, PC  provided a sample trust provision for attorneys to address the inheritance rights of posthumously conceived children.

Barid gives her clients an intake questionnaire before drafting a will or trust. Baird always asks the question about cryo banking genetic materials — “its good practice.” She also asks, “what would you like to happen in the event of your death, would you like sperm or eggs deposited into a cryobank?”

Baird says the legal authority in this area is ”murky” at this time, but will likely be better defined as this practice increases. Baird says, “it is essential that planning take place, beginning with an critical conversation,  as very few courts have addressed these questions.”

Questions of Control

Both attorney’s Erickson and Baird agree that genetic property or materials need to be accounted for both before and after death.

While alive, any deposits made in the cryobank need to be correctly titled to either the owner of the material or the trust that governs its disposition. Therefore, when an estate planner creates at trust provision that requires the redemption of sperm or embryos from a cryobank it is important that the trustee have proper standing with the depository.

Brown from the California Cryobank says the instructions as to what to do with the material must come from the owner or the person who has a power of attorney. While alive this agreement should have specifics as to who has the right to contribute and withdraw these materials.

In following the death of the owner of such material it is important to specify in any trust provision that, in the case of sperm, that it be used only by a specific individual and for a limited time period.  Erickson pointed out that in a case where a celebrity or multi-millionaire that had former wives or girlfriends “you don’t want them coming forward and claiming the sperm and therefore a right to a child and its rightful inheritance.”

In addition to what may be available to a trust company client for legal remedies there are certain measures that the owner of sperm should do to keep track of his genetic property.

A Mischievous Mistress

Here is a hypothetical situation that might exist in the absence of controls of sperm. Let’s say you have a client who is 70 years old and is worth $100 million. He is married, has three children and a wife. In addition to his family life he has several mistresses, one of which has a hidden agenda.

As our multi-millionaire has frequent sexual relations with his mistress he is strict about using a condom.

At the end of each episode the mistress politely removes the condom filled with semen, takes it into the bathroom, and flushes the toilet. But instead of discarding the condom with the semen, she stores it in a plastic bag. After he leaves, she promptly takes it down to a cryobank and deposits it under her name.

Over the span of a ten year relationship she may have made dozens of deposits.

Then one day the multi-millionaire suddenly dies. He is not around to make any claim one way or another to have fathered another child but our mischievous mistress becomes impregnated with the multi-millionaire’s sperm, announces to the estate she is pregnant with his child. Her lawyers come to the trustee perhaps you, to  include her child in the class of beneficiaries for distributions to his children. At the end of the it is her word against the estates as to what the intent of the deceased client.

Of course this is a hypothetical but it can happen. There are two things that might be done when advising a multi-million dollar client:  1) Make certain that estate planning documents are crystal clear who are and are not legitimate children, entitled to the inheritance.  2) If one is having an affair it might be a good idea to take your soiled condom out the door with you!

As reproductive medical technology improves and more genetic property including sperm, eggs, embryos, stem cells and more get stored at cryobanks there will become an ever so important requirement for trust administrators to understand this new science and to be thoroughly familiar with how to both control and manage your client’s genetic property.

Jerry Cooper, senior editor, The Trust Advisor Blog. Steven Maimes contributed to the research.

• Email This
• Print
• Comments
• Trackbacks

Alot of conversations have been going on these days regarding anonymity in the field of third party reproduction, and I agree that something needs to be done in the US very soon.    In fact, the recent case of Doe v. XYZ Company (75 Mass.App.Ct.311) has increased that attention, as it involves a case of a woman who gave birth to twins after artificial insemiantion using donor sperm.  The Plaintiff, the mother of these two girls, is asking for both Donor #D237's identity from the sperm bank, as well as child support from the donor himself. 

For now, the Massachusetts Court of Appeals has  remanded the issue to the trial court but declared "such cases cry out for legislation defining rights of the participants."  Unfortunately, without any statute in place, the Court cannot compel the defendant to reveal the identity of the anonymous donor.  

As a side note, the Plaintiff has since placed the children in state Department of Children and Families - for reasons not made clear in the ruling. 

So, where does that leave us as a society?  Many other countries require that the egg or sperm donor's information be released to the child once they are 18 years of age; h0wever, many fear that this will cause the number of donors to diminish as they have done overseas.

My other thought is that these donor conceived children should have some rights in this matter at some point - but how should we as a society handle this?  Donation is a positive thing in many aspects, as these children would not be in existence without the donation.  How does a donor conceived child respond to that aspect?

On the other hand, if someone is donating their genetics to help someone have a child, why should they be burdened with the obligations of a parent?   And, why should people have to give up the right to have a child with the use of a donor just because some people do not agree with it?   Julie Shapiro attempted to tackle this issue several times in her blog.

Well, I am currently working to develop my actual opinion at this point, as I was once an egg donor for quite a few couples as a matter of fact (including married couples, gay couples and  a single woman).  Do I mind if the children want my information?  Not at all.  Do I want to pay child support?  Hell no!  I have my own children, who are legally, genetically and socially my children. 

On the other hand, I also have twin nephews who are my brother's children legally and socially, yet not biologically.  Should he pay for their support?  Yes, as he chose to bring these children into this world.  But should my donor conceived nephews have access to their donors' information in the future - I think so but intially on a limited basis.  Maybe there is a way that we can compromise for all parties, as these children that are donor conceived are certainly loved and wanted.  

If the states want to legislate, we need to move towards a system where the donors information is stored for medical purposes and for potential contact in the future if all parties agree.  Most egg donors in particular are open to having contact in the future; however, not without being contacted beforehand by me so they can access the situation at the time they are asked. 

In fact, my office now offers Information Storage, which will maintain the  files for a minimum of 21 years (or longer if requested by the Parties).  In reality, we have been offering that service for over a decade, as I have always felt compelled to ensure that this information is available to the children and/or their parents.  Maybe this is  a compromise that will allow donor conceived children to be born to those families who need to use a donor to have a family, while permitting these children access without obligating the donors legally into support or parenting. 

Let me know your thoughts, as I think that a continued discussion will help me develop my opinion, as well as help others with theirs.

 

• Email This
• Print
• Comments
• Trackbacks

Hello & Happy Friday!   I am in Montreal where it is rainy and gloomy (yuck!), but enjoying a great ABA convention.  Today just one legal update on Montana and an issue the industry is currently struggling with.

Montana - Montana State Supreme Court uphold same sex parentage via Proud Parenting. 

"The Montana Supreme Court has upheld a woman's custody rights to the two children her same-sex partner adopted during their relationship.

The Supreme Court on Tuesday backed District Judge Ed McLean's ruling last year that granted Michelle Kulstad joint custody of the two children — a 9-year-old boy and a 6-year-old girl.

The children were adopted by Kulstad's former partner, Barbara Maniaci, in 2001 and 2004. State law does not allow both members of a same-sex partnership to adopt.

After the relationship ended, Kulstad filed in January 2007 to receive parenting rights. Maniaci, who is now married to a man, filed a motion to dismiss Kulstad's petition.

"Maniaci cannot rewrite the history of the fact that she and Kulstad lived together for more than 10 years and jointly raised the minor children in the same household," Justice Brian Morris wrote in the court's 6-1 opinion."

Worldwide Issue - Todd Essig asks the question: Infertility treatments: Do we need to protect women from themselves?  He asks, as have I, should we allow women to sell their eggs and/or their wombs for that matter to the highest bidder when they are fully informed, even someone who is economically desperate?  In fact, as I posted earlier this month, one expert in the UK called egg donors prostitutes.  Well, besides that comment, should we protect women from themselves? 

Or, should we allow all persons, men and women, to make their own informed decisions?  Mr. Essig even goes on to say that we "need to stop being so squeamish about women using their bodies for their own perceived benefit."  And, I say, let's stop being paternalistic.  And, as Mr. Essig stated, what about people working in "coal mines or as a field hand on a chemical farm?"  Isnt that MUCH more dangerous than donating eggs or being a surrogate?  What say you?

• Email This
• Print
• Comments
• Trackbacks

Great article courtesy of Conceive Magazine.   Important reading!  

Written by Pamela Guthrie O’Brien 

A growing number of women—especially those over age 40, and women who have been unsuccessful with other infertility treatments—are using donor eggs.

“More women are choosing this option because of increased awareness and higher success rates,” says Laurel Stadtmauer, M.D., Ph.D., assistant professor of obstetrics and gynecology at the Jones Institute for Reproductive Medicine at Eastern Virginia Medical School. “About 70 to 80 percent of women will conceive within two cycles of using donor eggs.” When selecting a donor, consider the following:

The qualities you’re looking for.
• Is the donor’s religious background important to you?
• Her physical and personality traits?
• Her academic achievements?
• Talk frankly with your partner about the characteristics that top your list.

The best fit.
Many IVF clinics have programs that help match couples to an anonymous donor. But their policies can be very different. Some recruit their own donors, others use outside donor egg recruitment programs. Some allow couples to see photos of potential donors (as long as they’re non-identifiable), others don’t. “At Jones, couples fill out their family history, as well as a wish list [of characteristics],” says Dr. Stadtmauer. “Our program matches the couple and the donor according to looks, ethnicity, medical and psychological histories, education, and personality traits. We give recipients profiles of several donors to review.” Ask about the procedures and policies your clinic uses, and make sure you can live with them.

The kind of donor you want.
There are two options: Using a donor you know, such as a sister or close friend, or an anonymous donor. The advantage of a relative or friend is that you’re likely to know the person’s genetic history, says Dr. Stadtmauer. However, it does raise complicated issues, such as the donor’s future relationship with the child. Figure out which arrangement makes you most comfortable.

The testing process.
Whether you choose a known or an anonymous donor, the screening will be the same. The donor must be a healthy non-smoker who is 21-32 years old. She will undergo extensive medical, psychological, and genetic testing, as well as screening for infectious diseases, such as HIV.

The legal issues.
Donors sign away their rights to the eggs retrieved, the embryos produced, and any child conceived as a result.

• Email This
• Print
• Comments
• Trackbacks

There seems to be quite a bit of an uproar over the case involving the woman of sick twin daughters, who were conceived via sperm donation.   Some are saying that she signed on the dotted line, and some are saying that the clinic is obligated to provide her the information on the donor.  What do you think?  I think that the system regarding donations needs to be overhauled but via the clinics and agencies, not via the legislatures where the real issues are often misunderstood.  In fact, Sean Tipton of the ASRM stated it quite well as folllows: he states that he "believes the donor debate is best left between adults - not courts and legislatures."

“Most states have established a clear path for sperm donors to relinquish their parental rights and obligations,” Tipton said. “Agreements entered into need to be honored unless all parties agree to change the terms.”

I agree with that perspective, but these children and the parents of these children may need contact in the future, which I why I am a big advocate of this information being stored.  My office does it for a 21 year period in a very efficient and safe way, and it is time that others do the same.  Ultimately, we cannot force these donors to comply, but it should be an option. 

What are your thoughts?

• Email This
• Print
• Comments
• Trackbacks

San Diego & Los Angeles, CA Sept 29, 2009 – “We recently had the pleasure of informing one lucky couple from Barcelona, Spain, that because they attended one of our surrogacy and egg donation seminars that they had won the Free Egg Donation Cycle,” states Egg Donation Lawyer Theresa M. Erickson.  “It is such a pleasure to be able to provide these types of informational seminars to our clients throughout the world and be able to work with such an outstanding group of California Surrogacy and Egg Donation Professionals,” states Attorney Erickson.

“We would like to also thank those California Surrogacy and Egg Donation Professionals who graciously gave of their time and resources for this worthy endeavor, states Tracy Armato, the Program Director for Conceptual Options a Center for Surrogacy and Egg Donation located in San Diego & Los Angeles, California.  “Professional companies who provided their services at no cost for this Free Egg Donation Cycle, such as La Jolla IVF, Meyers and O’Hara Law Firm and Erickson Law, P.C. are what make this industry great, and these are the organizations that we use when we build a team of professionals for all of our clients, not only in the United States, but worldwide,” states Armato.

Conceptual Options, LLC is currently helping build families throughout the United States and the world in locations such as Spain, Italy, France, Switzerland, Germany, Austria, Turkey, Uruguay, Norway, Ireland and the United Kingdom.

For more information on Conceptual Options and its surrogacy and egg donation center, please contact Tracy Armato at 001-858-748-4222 or for upcoming seminar attendance information, visit http://www.surrogacy-eggdonation.com.

• Email This
• Print
• Comments
• Trackbacks

TGIF!   Hope that everyone has a great weekend!  Will be speaking in Las Vegas at a LGBT conference - definitely fired up for this one!  Oh, and I will also be inVegas - poor me....

Here at the updates for this week.  Enjoy!

Pennsylvania - A judge will not dismiss a lawsuit against a northwestern PA hospital over allowing a surrogate (gestational, I might add) to take home triplets she has given birth to.  Some may not remember the case, but here is a link if you need a recap.  The Parents are suing the hospital for allowing her to take the babies home - why was social services not called?  I guess that they will now live and learn. 

California - The California Supreme Court decided this past Wednesday not to revive a challenge to the limited insurnace coverage for infertility treatment offered by employer provided group health plans.  The panel threw out an appeal by a woman struggling to conceive a child, who contended that Blue Cross of California had engaged in false advertising and unfair business practices.  The Appellate Court noted that the Plaintiff's argument was based on an erroneous premise that Blue Cross was required to offer and provide full coverage for fertility treatments, noting that "nowhere does section 1374.55 state that coverage that the parties negotiate be full.  What are your thoughts?

Illinois - Dr. Rapisarda with Fertility Center of Illinois explained that physicians and clinics have different criteria that limit entry into their IVF programs, thereby leading to higher pregnancy rates and better statistics.  As a result, he urges patients not to focus on numbers alone, as some statistics may be misleading.  Good point, Dr. Rapisarda! 

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks

Wow, I love when people give me something to talk about.  And, this story is certainly one of them.  I understand and acknowlegde arguments made by some against egg donation because of exploitation and medical risks, but this is truly a new one. 

At a conference in the UK, Dr. Naomi Pfeffer, who researches controversial developments in medicine, told the Motherhood in the 21st Century Conference at the University College London that “The exchange relationship is analogous to that of a client and a prostitute. It’s a unique situation because it’s the only instance in which a woman exploits another woman’s body.”

Honestly, I do believe that her intentions were good as she was merely warning that increasing numbers of “vulnerable women in developed countries” were being exploited by Westerners who were desperate to conceive.  I do understand issue as stated above, and I do think that something needs to be done on that front; however, charges of prostitution by the women desperately wanting a child???  I guess it got people to listen.

She continued by stating that “Most of these women are in developing economies where access to healthcare is limited by their ability to pay. They are often vulnerable women and it’s a very unequal economic relationship.

“These women are being encouraged to take real risks with their health through ovarian stimulation and egg retrieval. It commodifies women’s bodies and treats their reproductive capacities as a service.”

Unfortunately, Pfeffer also stated that British parents should face up to the consequences of their actions. “They should know that they are using vulnerable women. These women who are buying eggs have to appreciate that the eggs don’t appear from a stork or from under a gooseberry bush.”  However, we cannot forget that many British doctors refer patients abroad if they do not want to join the NHS's three-year waiting list for donor eggs.  That is clearly a long time for any woman. 

The likely answer in all of this is not to punish the women who desperately want a child, as they too are vulnerable.  Instead, changes within the British government, as well as these other countries such as Spain, Romania, the Czech Republic, and Ukraine, need to take place to ensure that everyone is protected.

Again, just my two cents.

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks

Wow, can you believe that summer is officially over already?  I can't because of the blistering heat here in Southern California; however, another Friday is upon us with some legal updates for your thoughts and comments.

Florida - Last November, Colorado pro-life groups placed a ballot measure before the voters in order to extend "personhood" to the moment of conception.  This amendment was rejected by 73% of the voters in Colorado; however, the groups have now set their sites on Florida.  The new amendment would define even a newly formed embryo as a person.  The implications of this becoming law is an issue those suffering from infertility and living in Florida need to consider. 

Wisconsin - Two women have filed a case in Wisconsin where their insurers have denied them maternity coverage due to the fact that they were surrogates.  This issue is now before the State Supreme Court, so we will have to wait and see how this one ends and if it will have implications elsewhere. 

UK - Women whose embryos were to be destroyed in the next few weeks have been given an extension.  With the new HFEA of 2008, which comes into force on October 1, everyone with embryos in storage will be able to keep them there for a decade versus the previous law of 5 years.  "These new rules will come into effect on October 1 and I will be seeking to make an Order to Parliament to ensure this applies to embryos that are 'out of time' on that date."

Professor Lisa Jardine, chair of the Human Fertilisation and Embryology Authority (HFEA), said: "I am delighted that the Government has listened and made this common-sense decision.

"This will be an enormous relief to all of those people who faced the heartbreak of seeing their embryos destroyed all because of a matter of timing. We will be contacting clinics immediately so that they can inform the patients concerned and make appropriate arrangements for the continued storage of their embryos."

Croatia - The government moved Thursday to amend a law involving IVF after strong criticism from human rights and parents groups over its criteria for couples entitled to treatment. 

"Under the amendments forwarded to parliament, couples will now only have to sign a notarised statement confirming they are in a relationship rather than have to prove before a court they have been together for three years, Health Minister Darko Milinovic told a cabinet session.

Also as part of the changes, children conceived by donated eggs or sperm will now be allowed to obtain information about his or her biological parents once turning 18 only if donors have given their prior agreement.

However provisions in the law which ban the freezing of embryos will not be altered.

Croatia's original legislation on medically assisted reproduction dates back to 1978, when the world's first test-tube baby was born. The former Yugoslav republic had its first IVF baby five years later."

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks

SAN DIEGO, Sept. 10 /PRNewswire/ -- The American Fertility Association's Dessert & Learn, a free program designed to educate individuals and couples about their family-building options in a fun and relaxed setting, is coming to La Jolla, California September 21st. Those who attend Dessert & Learn La Jolla will engage in a conversation with Theresa Erickson, Esq., of Erickson Law, about third party reproduction options like egg donation, sperm donation, and surrogacy. To make the event inviting, Cups Organic Bakery will be on hand serving up a buffet of complimentary organic cupcakes and The AFA will be serving the Fertilitini(TM), the wildly popular all-organic, non-alcoholic cocktail. To make the evening even more relaxing, it's being held poolside at Ranch La Jolla, with magnificent views overlooking the Pacific Ocean.

"I felt that the Dessert & Learn series would be a great opportunity for me to connect with couples and individuals who desperately want a family but were afraid to ask the questions that they absolutely need to ask and to pose those questions that they absolutely have to ask," says Erickson. "In an intimate setting such as this, everyone can be in a relaxed environment that provides great food and great learning!"

Dessert & Learn La Jolla really benefits two different populations: the gay and lesbian population and those who are experiencing infertility issues and need a donor or surrogate to build their families.

"Family-building can be stressful. If you're experiencing infertility or simply require third party reproduction because you're gay, we don't want people's lives to stop when they are trying to have a baby and build a family," says Corey Whelan, The AFA's Program Director. Whelan went on to say, "We've created soft spaces for people to learn in. Life is hard enough. Our job is to make the journey kinder as well as informative.

This is Dessert & Learn's premiere event. 7.3 million American women face some form of infertility and men aren't far behind. While infertility prevention is extremely important, there are also steps that can and should be taken by those experiencing infertility and options that should be explored, like third party reproduction.

"Dessert & Learn is part of The AFA's Education Outreach Series, which takes education to people in uncommon but relaxing settings, whether poolside in La Jolla, at an intimate space in a restaurant, or in a manicure parlor," says Ken Mosesian, Executive Director of The AFA. "We knew we had hit on something big when our first Manicures & Martinis Infertility Prevention event was the cover story in Newsweek and our second event hit national network news on CNN American Morning. Like that event, Dessert & Learn La Jolla will also help us take a huge leap forward in normalizing the conversation about fertility, this time with an emphasis on third party reproduction."

The American Fertility Association, a 501(c)(3) national non-profit organization, is a lifetime resource for infertility prevention, reproductive health and family-building. AFA services and materials are provided free of charge to consumers and available to everyone without reservation. These services include an extensive online library, monthly online chats, telephone and in-person coaching, a resource directory, hosted message boards, daily fertility news and a toll-free support line.

http://www.theafa.org or  888.917.3777 

• Email This
• Print
• Comments
• Trackbacks

According to the California Bar Journal, the case of Beasley v. Regents of the University of California has been settled for $4,230,000.00.   It states that the doctors at UCI Center for Reproductive Health were found to have engaged in the misappropriation and nonconsensual transfer of donor eggs, several of which resulted in live births.  The original case was initiated in 1995.  Look to the Orange County Courts website for case #JCCP 3213 for additional information on the actual case. 

Also, don't forget about our upcoming egg donation and surrogacy conference in San Diego on September 23, 2009. 

Subscribe to my blog here.

• Email This
• Print
• Comments
• Trackbacks

TGIF!   I hope that those who are celebrating Labor Day this long weekend have a great time - I know I will. 

New York - A history of crime and drug addiction spanning two decades should not bar a man from being able to adopt, so says a New York judge who credited the man's attempt to turn his life around.  This ruling will allow this man and his wife to be placed on the adoption list.  His last conviction was 1995, and he claims to be clean and sober since 2000 when he was released from prison.  Many think it was a good decision - what about you?  I know what Bill O'Reilly would say. 

California - Legislation authored by Senator Mark Leno that resolves ambiguities about how out-of-state same-sex marriages will be recognized in California passed the Assembly today with a 44-27 vote.

Senate Bill 54 bill clarifies that same-sex couples who married outside of California before Proposition 8 went into effect last year are recognized as married spouses, not unlike the 18,000 same-sex marriages performed in California. The legislation also confirms that same-sex couples who married outside California after Prop 8 went into effect on November 5, 2008, or plan to do so in the future, must receive the same rights, protections, benefits, obligations and responsibilities afforded to opposite-sex spouses, with the sole exception of the designation of "marriage."

Australia -  Couples dealing with infertility in Melbourne and the state of Victoria, Australia, will now require that all couples wanting to go through IVF first have a background police check.   Should the background check find any convictions for serious sex or violent crimes, past incidents of having children taken out of their care, or any other crime that is considered a potential risk to children – IVF should be forbidden to the couple.

As stated in the article, I also agree that someone with serious sex or violent crime in their past shouldn’t be raising kids; however, are they going to force everyone else in Victoria to use birth control? And only allow people to have children if they pass background checks?  Unlikely!

This law is unfairly targeting couples with infertility. It’s discrimination, and I too think it’s blatantly wrong.

Prague -    The Justice Ministry is seeking changes to legislation which would affect the legal rights of surrogate and biological mothers.

Under current Czech law, biological mothers are not guaranteed parental rights to a child born to a surrogate. The surrogate mother could gain custody rights to the child she carries and delivers.

The Justice Ministry wants to change this part of the law. "I've been thinking about changing the law since May. In the course of my career, I've met a number of clients interested in the issue," Minister for Justice Daniela Kovářová told Aktuálně.cz.

The Czech legal system permits surrogate motherhood but has no law dealing specifically with the issue.

Belgium -  A Belgian couple who commissioned a surrogate mother to carry a baby for them are to appeal against a Dutch ruling awarding custody of the child to a Dutch family who bought her over the internet.

The girl’s biological father had sought a surrogate mother because his own wife was infertile. Baby Donna was born in 2005 using his sperm. However instead of handing over the baby as agreed, the surrogate mother said she had miscarried and sold the baby to a Dutch couple in Leusden.

Since then, baby Donna has been the subject of a string of court cases in Belgium and the Netherlands. Last year, a court in Arnhem gave the man the right to visit his biological child but turned down his demand that the child be returned to him.

The Belgian couple, who live in Antwerp, have always regarded themselves as the child's real parents. They call her Valentina.

Don't forget that Surrogacy Lawyer, Theresa M. Erickson, is conducting an online seminar about Surrogacy and Egg Donation to air on September 23, 2009

For additional information on The Surrogacy & Egg Donation Seminar please contact Sabrina Scialpi at 858-748-4133 or visit
www.ericksonlaw.net/surrogacy_egg_donation_seminar.html

• Email This
• Print
• Comments
• Trackbacks

Surrogacy Lawyer, Theresa M. Erickson, is conducting an online seminar about Surrogacy and Egg Donation to air on September 23, 2009. “We realized there is a need for information on the process of Surrogacy and Egg Donation.  We also realize that with the current state of the economy, people just don’t have the funds or time it takes to travel to a conference, with that in mind we are holding an online seminar that anyone with a computer can attend,” states Theresa M. Erickson, Surrogacy Lawyer, CEO and founder of Conceptual Options. 

This Surrogacy & Egg Donation Seminar is aimed at informing and educating those suffering from infertility on the possibilities that exist for family building.  The topics to be discussed include explaining the process of third party assisted reproduction, as well as helping alleviate the uncertainty of the journey, such as medical insurance issues, obtaining birth certificates and passports, citizenship issues, and taking your baby home.  Attendees will also receive a “goodie bag”  for attending via mail after the seminar.

“During these times of uncertainty and with the recent media coverage of surrogacy and egg donation, we are certain that these informational seminars will help dispel some of the miss-information that is being dispensed by the uninformed.  Assisted reproduction is a safe, legal and effective way for those who are unable to build their family through traditional methods,” states Surrogacy Lawyer Erickson.

We have combined our drawing for a Free Egg Donation Cycle with our recent conference in Genève, Switzerland.  One lucky seminar attendee from these two events will be awarded a Free Egg Donation Cycle, which can also be used in conjunction with someone using a surrogate.  “Dr. David Smotrich and La Jolla IVF have generously given their services for this Free Egg Donation cycle, while Conceptual Options is providing the egg donor and cycle coordination.  The surrogacy and egg donation law firms of Myers & O’Hara and Erickson Law will be providing free legal representation for the egg donation cycle and Egg Donation Lawyer Theresa M. Erickson will be sponsoring all of the donor medications,” states Ms. Erickson. 

The keynote speaker at this seminar will be Surrogacy lawyer Theresa M. Erickson.  Ms Erickson is a globally recognized expert in this specialized area of law. Attorney Erickson is also involved in this community by volunteering her time for as a board member of the American Fertility Association and as the legal director of Parents Via Egg Donation, while sponsoring events that promote awareness in this field.  She is also the author of Assisted Reproduction, the Complete Guide to Having a Baby with the Help of a Third Party. Her next book is currently being finalized for publication.

For additional information on The Surrogacy & Egg Donation Seminar please contact Sabrina Scialpi at 858-748-4133 or visit
www.ericksonlaw.net/surrogacy_egg_donation_seminar.html

 

 

• Email This
• Print
• Comments
• Trackbacks

As some of you may be aware, Vermont began to issue marriage licenses to same sex couples just last night after a vote made back in April began taking effect at exactly midnight a little over four months after state lawmakers voted to override Gov. Jim Douglas' veto of the legislation. 

Vermont became the fourth state to allow gay marriages on April 7, when the state House and state Senate voted 100-49 and 23-5, respectively, to override a veto by the governor.

This is good news for gay marriage advocates who want all families, including those created through gay surrogacy, to be recognized legally across the country for the sake of their children, as well as the couples themselves.   

In fact, Couples and gay advocates will be marking the day with celebrations, one of which is a wedding reception in Essex that will benefit the Vermont People with AIDS Coalition and other groups.

Should this trend continue across the US?  And, what about California where Prop 8 was passed back in November ruling same sex marriages invalid? 

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks

Depending upon who you talk to - fertility tourism may or may not be a good thing?  In my opinion, if you are working with a reputable clinic/company, it is a good thing.  But, where do you find these clinics, and how do you truly know if they are reputable, success, etc. as it may be the clinic/company themselves posing as a patient on a forum?  As I noted in an earlier blog piece, I was appalled (naively, I must admit) that this sort of unethical practice is going on here right in my own back yard. 

Besides those forums, I think that Parents, Surrogates, and Donors must absolutely EDUCATE and INFORM themselves, instead of becoming another horror story.  Not everyone has the funds to keep trying once things go badly. 

In fact, I will be speaking on this on my radio show, Surrogacy Lawyer Radio on Blog Talk Radio this Friday on how to ask the right questions, get referrals (not just via the internet), and ask more questions. 

In addition, my recent concern over fertility tourism outside of the US, where I am very familiar and aware of reputations, etc. is a blog post written by a woman with alot of information regarding India.  Note, she did get her child from India via surrogacy, but she had alot of concerns, as did the comments from others.  It is worth a read.

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks

After reading an interesting commentary posted on MSNBC involving a gentleman that claims to have sold his kidney for $20,000.00 to another man in New York who had no chance of living without it, I started thinking about how this story may or may not be used against egg and sperm donation solely on the basis of compensation (this is not meant to address any issues regarding medical procedures, duress, the rights of donor conceived children, etc. in this post - we will address that at another time).

It appears that this gentleman and the New York man concocted a story to cover what was truly happening so that the doctors would proceed with the donation.  In fact, they claimed to be cousins and an intermediary was used.

Now, the paying for the donation of organs has been outlawed in the US for quite some time, while the UK has just set in place a new law banning of private organ transplants from dead donors to allay fears that prospective recipients can buy their way to the front of the line.

They even submitted a government-commissioned report that recommended that organs donated within the state-run National Health Service should stay within the public health system, even though very few Britons have private transplants.  In fact, the new rules will mainly stop overseas patients from coming to Britain and paying privately for a transplant. 

On the other hand, gamete donation for compensation has also been banned in several countries, such as Canada, for quite some time, but where do we draw line between what we can be compensated for and what not?  What about participating in a research program for a new drug or therapy?

Now, let’s get back to this gentleman from Israel, who believes that he has done something great and earned money along the way.  And, he does have two kidneys, doesn’t he?  (Personally, I would like to keep both of mine as a back-up, but that is just me.)  Does he have the right to sell something that he can function without? 

I did submit my vote in an online poll (I will not divulge my answer), and this is the current standing as of now:
 
1. Yes, absolutely. It's dangerous and unfair to go outside the approved system for organ donation – 20.3%.
2. No. I think people who need an organ should be able to pursue all options – 70.8%.
3. I don't know. It's a complex topic – 8.9%.

This topic, although dealing with organs versus gametes and the process in which they are obtained, is certainly going to continue to be debated; however, I want to know what you think?  Where do we draw the law on what can be compensated for and what cannot be compensated for?  And, why do we care?  I do not have the answer; I am just asking the questions.  Let me know what you think?

Subscribe to my blog here

• Email This
• Print
• Comments
• Trackbacks

You bet I do.....but, just when they involve educating those who are desperate and vulnerable and need some guidance. 

In conjunction with the American Fertility Association, I will be hosting a "Dessert & Learn."  Please join us in beautiful La Jolla, California.

See Corey's blog post here:

by Corey Whelan

Have you met her?  One of the most knowledgeable and compassionate attorneys in this field; plus she has the most astonishing savvy.  A true thoroughbred, inside and out.  I’m proud that Theresa sits on The AFA’s board of directors and am grateful for the wisdom she has brought to these blog pages. 

 The AFA is big on creating soft spaces for people to learn in.  Why shouldn’t life have some sweetness, even when you are struggling to create your family?  So when Theresa came to us and said she wanted to reach out to the people of La Jolla who are interested in third party reproduction, we knew we had to find the right place for folks to get to know her, and benefit from what she has to bring to the table, especially if that table features a dessert buffet.

Enter CUPS.  CUPS is a brand new, organic bakery that specializes in?  You guessed it.  Cupcakes.  Exotic, amazing, silly, frivolous, and organic baked creations, guaranteed to shift your reality from oy to yum.   

Perfect.

Except for one tiny detail.  CUPS is so new, they are not even open yet.  But Michelle, CUPS owner and an attorney in her own right, believes so strongly in The AFA’s mission that she is lending us her gracious and magnificent estate for this season’s premier Dessert & Learn event. 

So…..please join us poolside at Rancho La Jolla.  We will be having an intimate and relaxed chat with Theresa about ovum donation, surrogacy, and everything third party repro.      

I’ll save you a bite.

For more info on our upcoming Dessert & Learn, click here.

 For info on Erickson Law, click here.

For info on CUPS Organic Bakery, click here.

• Email This
• Print
• Comments
• Trackbacks

Hello!   I am back after a two week hiatus on my Friday Legal Updates, but it is summer so the wheels of justice turn slowly, as does legislation.  Either way, here are today's updates for the last few weeks:

California - The California Legislature is getting back into the Prop 8 fight with a bill that would recognize those same-sex marriages performed legally outside of California before the measure had passed.  SB54 also intends to ensure that gay and lesbian couples who have been married legally in other states and countries since November 5th when Prop 8 became official can receive all the rights and obligations that opposite sex Californian couples enjoy.

Illinois - More couples are coming out of the woodwork regarding a surrogate who had scammed them into believing that she was pregnant with their baby.  Beware!

Ohio - A Republican lawmaker in Ohio is re-introducing a bill that would give a man the final choice on whether the woman he got pregnant can have an abortion.  I am so "impressed" that a man can force a woman to keep the baby, but the bill mentions nothing about forcing him to be a good father or provide financial stability. 

DC - A new DC law is making it alot easier for a newborn to have two moms at birth.  Lesbians who create a child via artificial insemination will no longer have to adopt their children that have been born to their partners.  A similar law is to go into effect in New Mexico in 2010.  This is a huge step for same sex couples, as they do not have to go through the time consuming and expensive legal process that is not required of heterosexual couples who use artificial insemination. 

Croatia - Croatia continues to tighten their laws on fertility treatments by forbiding the freezing of embryos.  It also limits the number of embryos used to three and for unmarried couples, they must prove that they have been together for at least three years. 

Romania - 30 Israelis were detained in an egg trafficking case.  It sounds like the issue is on its way to being resolved from more recent reports; however, I certainly hope that this is not an issue of human trafficking. 

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks

As was posted today on the AFA website, I wanted to provide you something interesting to read today on the Supreme Court Nominee:

While watching the confirmation hearings last week (yes, I am one of those dorky lawyers), I was listening for any cues regarding how she may address a case that involved fertility treatments, fertility coverage, pregnancy discrimination (including pre-pregnancy for IVF treatments) and, of course, a woman’s right to chose, including the right to privacy involving medical treatments.  Now, mind you, I understand regulation may be needed in some areas of this industry, but I also do not want to see the government restricting our ability to create a family, regardless of marital status, age, or sexual orientation.  Again, these are issues that must be determined between a physician and their patient when he or she is accessing the health risks for the woman carrying the children, as well as any harm that may come to the future children in terms of prenatal health. 

I did discover, despite her attempts otherwise, that she appeared to hold a liberal point of view in many ways, which despite my own leanings, is important when it comes to autonomy for those patients and those involved in this industry.  However, regardless of her political stance, what is important is that she applies the law neutrally with a perspective of her life experience.  I know that many do not agree with that statement, but we all must agree that it is not humanly possible to take one’s own life experiences out of the picture when making decisions.  What we do want is for judges to use that experience, while simultaneously utilizing an objective vision when making decisions that will affect us all, as well as future generations.

Of course, much of what we do and what our clients/patients deal with is family law.  Judge Sotomayor has little experience in that area due to her previous posts as a federal judge, as most Supreme Court judges.  Even the Supreme Court itself has little experience in that area.  The most notable family law case is the case of Troxel v. Granville in which the Supreme Court did strike down a trial court judge’s decision to allow grandparent visitation involving a completely fit mother.  They were concerned that the judge had used his personal experience in making the decision since he stated he truly enjoyed his time with his grandparents as a child.  But, as I stated above, personal experiences do shape our lives and how we shape our decisions; however, in this case, the Court did not state that the judge did anything wrong in doing so, it was merely that it was a case with a backdrop of a fit mother.  Different set of facts could have created a different ruling. 

Now, with that in mind, Justice Sotomayor is a woman – she has no children, and she has been battling diabetes since the age of 8.  Does that make her more sympathetic to our plight or not?  I am not certain, as we do not know why she does not have children or if it was a path she chose.  But, we do know that she knows what it is like to battle a disease that controls your life, which should be good for those of us in the community. 

Remarkably, after reviewing her previous decisions, I was unable to locate much information on how she would rule if any such case comes before her.  In fact, she has not dealt with stem cell research regulation of Assisted Reproductive Technologies, healthcare choices, or on-point abortion cases; however, there are a few notable cases that she has dealt with as a judge:

1.  Saks v. Franklin Covey Co (316 F.3d 337 (2d Cir. 2003)) – This is a bioethical issues case in which she joined a Second Circuit opinion rejecting a claim that exclusion from coverage of surgical impregnation procedures, including in vitro fertilization, violated Title VII and the “Pregnancy Discrimination” Act.  Note that this does not assume that she is against IVF, only that she did not judge that that particular case was within the parameters of the Pregnancy Discrimination Act, which is her duty as a judge – to interpret law, not make laws.  For changes like this to be made, we need to address our Congress to have them amend these laws as they currently stand. 

2.  Center for Reproductive Law and Policy v. Bush (304 F.3d 183 (2d Cir. 2002)) – Judge Sotomayor found that a “reproductive rights” group had standing to challenge the Mexico City Policy.  She concluded that the group had “competitive advocate standing,” on the grounds that the government’s allocation of a benefit “creates an unequal playing field” for organizations advocating their views in the public arena.  She agreed that the government had a rational basis for favoring “the anti-abortion position over the pro-choice position” with public funds.  Again, as the above case, since this case is not on point, we truly do not know how she would rule regarding the right to life, the right to abortion, status of embryos, etc.

Ultimately, based on her performance at the hearings and her record, and despite a few bumps in the road involving the case of the firefighters, it does appear that she will be confirmed prior to the start of the next Supreme Court session.  And, of course, I am truly excited, as a woman, as a lawyer, and as a member of the US Supreme Court Bar, that there is another woman on the bench.  Call me sexist, call me whatever you want, but we need diversity on the bench so that those who have never “walked in our shoes” can see the perspective, albeit objectively, when our cases come before them. 

• Email This
• Print
• Comments
• Trackbacks

I have been pondering all of the recent media attention regarding acccess to IVF and age, remember the "World's Oldest Mom," and Michael Jackson's children created via IVF and surrogacy (and possibly egg donor and/or sperm donor).  Again, I am surprised by the number of people who want to restrict access to IVF, or more importantly access to having a family.  They want age limits, marital status limits, as well as sexual orientation limitations. 

Now, for those of us who have families, we may or may not have walked in the shoes of those that cannot have children on their own without the help of medical intervention or adoption.  But, I will tell you that I am not any more entitled to having my children than Michael Jackson or even Maria del Carmen Brousada.  Why, you may ask? Because having a family is something that is inate in all of us - albeit some stronger than others.  And, when I have stated in the past that it is a biological imperative, I do not mean the need to pass on genes - I mean the inate human desire deep in our DNA to have a family - to be a part of something bigger than ourselves. 

With that in mind, why should gays and lesbians be restricted to having children via IVF or adoption?  In fact, a study recently out of Tufts University School of Medicine stated that they found "overwhelming" that these children of same sex couples do as well as those children of heterosexual parents.   

Now, back to the age issue, do I think that this woman had a right to treatment?  Yes, I do; but, I also think that her age placed her and her children into harm’s way as far as their health during the pregnancy was concerned.  And, should are worry carry over into being concerned for their health and livelihood after her death?  Well, I did not know Maria, nor do I know if she provided for them financially after her death or if she provided them with guardians who will love and take care of them as if they were their own.   But, this is an issue again that all parents must deal with one way or another regardless of age - her risk factors were just higher. 

As for Michael Jackson, we are learning so much more about the life that he too created with these children whom he dearly loved and wanted to protect from the media spotlight.  Let's take out all of the allegations of child molestation for a minute and only address those children.  Should he have children because he wants them or because he can afford them?  Or, should he be able to have children so long as the allegations were not proven? 

Oh, and by the way, all of those pundits out there claiming he is not the father since he did not adopt them - you are way off base.  Adoptive and foster parents also do not need to worry since surrogacy, egg donation, and sperm donation is a different area of law, specifically here in California.  Whether he used sperm donors, egg donors and/or surrogates, he is the father of these children, with Debbie Rowe being the only possible outsider with a chance at custody.  And, despite reports she did not make Michael the adoptive father by signing away her rights - and no need for an adoption. 

Ultimately, as a country, we do need to take all of this into consideration, but we also need to allow doctors and their patients to make the best decisions for their family, their bodies, and, most of all - the children that we are creating. 

What are your thoughts on today's ponderings?

Subscribe to my blog here.

• Email This
• Print
• Comments
• Trackbacks

Hello and TGIF!  Sorry I missed you last week, but I was away relaxing on vacation in Hawaii.  We have quite a few updates today, so please comment on those that are interesting or those that make you want to respond.  Happy Friday!

California/Texas - Court Tosses Claim by Children Born to a Surrogate - The District Court of Appeal yesterday threw out the claims of 15 year old twins born to a surrogate mother against the Texas estate of their biological father asserting breach of the surrogacy agreement due to the father's failure to support them as time barred.  The actual story sounds like a scene from the show "Dallas," so be sure to read the link above. 

Georgia - The new law allowing families to adopt embryos is now in effect in Georgia.  The law aims to prevent embryo donors from later asserting legal rights to children born from embryo adoption.  Personally, I think that this will make embryo donation more costly, but we shall see. 

Federal - A Federal Appeals Court has ruled that a woman cannot be fired for absenteeism related to fertility treatments.  The US Court of Appeals for the Seventh Circuit ruled that Title VII does prohibit an employer from doing so.  A trial is still pending so we will have to see what happens as this case progresses.

Federal - Congress is introducing a bi-partisan bill, entitled FACE Act (S. 1359), which intends to eliminate many of the hurdles internationally adopted children of American citizens currently face before they can come home to the US, which is often a lengthy and expensive process. 

UK - Chairman of British Fertility Society warns that IVF mix-ups "will continue."  In fact, he is not certain if the new systems being put into place will help, as human error is always a possibility.  He did not that the number of mix-ups were small; however, he needs to think more of those that it has affected versus the number.  Don't you think?

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks

California is one of the only states that permits the intent of the parent(s) to govern their parental rights, so that the intended parent (or intended parents) are listed as the legal parents on the birth certificate, regardless of biological connection, so long as this intent is formalized in an agreement/consent.

 

I, like all of us, have been intently watching the news involving Michael Jackson and his children, yet what amazes me is that lawyers on TMZ and other national news outlets are declaring that Michael “never formally adopted the children.”  Therefore, he must not be the father of these children…..And, they then ask, who are the parents of these children?  

 

Well, guess what?  He is the father – no adoption required in this case no matter if he is the biological father or not, which appears to be the case for all three children.  In California, surrogacy law is very clear as to who is the parent, regardless of biological connection, based upon intent.  We can only guess at the facts in this case, but a birth in California with a surrogate, egg donor and sperm donor, will not affect his rights to these children, or the rights of his children to his estate.  The only uncertainty is the fact that he was married to Ms. Rowe at the time of the birth of the first two children.  She may certainly have a claim if she remains on the birth certificate, again even if an egg donor was used. 

 

What people have to remember is that almost all people have the desire to be a parent, even Michael Jackson, so we need to remember his intentions to be a father, instead of focusing on the drama surrounding these children.  Let’s hope they can move forward without their father in their lives and become successful adults without the media making it worse

 

See more on Channel 10 News and my interview here.

 

 

• Email This
• Print
• Comments
• Trackbacks

Well, another week has come and gone, but for those of us who are Americans, next week is the 4th of July, which means family celebrations for most.  Today, I want to tell those who are still longing for a family of their own that there is hope.  Be patient, get educated, and hang in there. 

Now, onto the updates:

Iowa - Dead Iowan Father's Child - will his daughter receive survivor benefits.  In a case similar to the one that I addressed here in California last week on my blog, her mother is trying to fight for Social Security Survivor Benefits for Byrnn, now 6, conceived through IVF two years after her father died.  Again, this result is based on 150 year old Iowa law, as in the California and Arizona case, but her mother is challenging the decision - and she intends to take it all the way to the US Supreme Court. 

My take on this - make certain estate planning documents are in order for the future use of your genetic material, although it would not have made a difference in this particular case. 

Michigan - Michigan Lawmakers Prepare Bills to Monitor the activities surrounding the donation and destruction of embryos.  The one bill in particular is called the Embryo Research and Fertility Clinic Transparency Act (Senate Bills 647-652)

New York - Fertility Authority has received investments totalling $500,000.00. 

"7.3 Million Americans struggle with fertility issues and are looking for quality information and support that only www.fertilityauthority.com provides. The $4 Billion fertility industry is without a "go-to" source for accurate and up-to-the minute content. FertilityAuthority.com was launched on February 25, 2009 and has not looked back. CEO Gina Bartasi says, "Our goal has always been to provide the best fertility content on the web, and users are recognizing the quality of our site. Investors have witnessed our early success and want to be a part of our future growth."

The funds will be used to enhance the site's technology, boost revenue capabilities, generate additional content and continue to aggressively build traffic. Bartasi has not ruled out an institutional raise adding "Our clients are asking us for custom websites, online appointment booking software, expanded video content and additional technological innovation that will help their businesses grow. Our focus is to serve their needs and exceed their expectations". New clients that have already put their confidence in FertilityAuthority.com include several prominent regional fertility centers as well as specialty pharmaceutical firms Columbia Laboratories and Ferring Pharmaceuticals. "

United Kingdom - Why Am I Dark, Daddy?  Another IVF blunder in the UK haunts another family. 

"When ten-year-old Michael Williams climbs into his father Keith's arms for a goodnight cuddle, he will often ask the same dreaded question: 'Why am I brown?' Looking up into his father's blue eyes and taking in his light brown hair and fair skin, his son will then ask: 'How can I make myself lighter, like you?'

Keith doesn't know how to answer these questions, so he'll make a joke about how Michael was delivered by a stork or that he was found under a gooseberry bush. Anything to avoid having to tell him the truth.

For the reality is that not only was Michael conceived via IVF using donor sperm, but there was a terrible mix-up when the wrong sperm was mistakenly used by the hospital fertility clinic the couple attended in their hope of becoming parents. "

Canada - Canadian Donor Offspring has created an initiative in response to the lawsuit filed by Olivia Pratten back in October of 2008.  The site is an attempt to fundraise on her behalf, as well as others in her situation.  The site is located here.  What are your thoughts on this issue?

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks

I spent the evening last night finally spending some time reviewing some fertility blogs and websites.  I was actually surprised by some of the "promises" that were being made to egg donors in relation to their donation of their eggs to recipient parents.  In fact, some claim that the information is shredded once a donation is over and/or their information is not released to other agencies or clinics.  I am not really certain how that protects the privacy of the donors in all situations. 

I think it is important that those in this industry make certain that we advise egg donors that we cannot ever completely guarantee privacy and anonymity.  Yes, the clinics follow the HIPPA rules for the most part, and my office falls under attorney-client privilege rules; however, no one can absolutely be guarantee any privacy.

Why, you may ask?  Because when an egg donor fills out her profile, she wants to make certain that some of her accomplishments, etc. are highlighted.  By doing so, she makes herself searchable via Google or now Bing.   Even when a donor places limited information on her profile, the advent of Facebook, Twitter, My Space, and Google make it very hard for any of us to stay hidden for long. 

Well, with this in mind, what is my advice?  Just be prudent with your information and understand that you can be found - BUT, and this is a big BUT, is unlikely to happen in the near future.  Specifically, it is unlikely that the Intended Parents will try and locate you, although it is always a possibility. 

Now, what about the resulting child?  What if their parent shares the information with them as they get older to satisfy their curiosity or they find the profile in a safe?  Disclosure is becoming more common, as we all know in this industry, and donors need to be aware that this can occur. 

Should you as a donor be concerned?   Well, I can tell you from personal experience that it is not such a bad thing.  I was located, and I am fine with it, as the family did not expect anything from me, except that they were happy that I am there if there is a medical need.  No relationship beyond that, and I have no legal responsibility to these children.  But, as a donor, I do believe that I have a personal ethical responsibility to be available for information in the future.  I am not afraid of the choices that I made, even though I was not advised of this when I donated, although this was in the advent of this entire industry. 

In summary, the purpose of this article is not meant to scare away egg donors, as they are desperately needed by families who cannot have families without them; but as a donor, be aware, be prepared and go into this with your eyes wide open to the future.  Educate yourself and know what you are agreeing to while knowing the wonderful gift that you are providing a family. 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Well, it is Friday again - TGIF to everyone.  Not alot on the legal front this week, despite the continuous chatter about the IVF blunders over in the UK, as I commented on this week in my blog entitled Embryo Mix-Up, Resulting Abortion, and Adequate Justice?.   But, I do not want to beat a dead horse, so today's singular topic is sperm donation.

California - The Ninth Circuit has determined that posthumous conception DOES NOT entitle one to survivor benefits.  In a case involving a 10 year old girl, her mother was trying to get Social Security Survivor Benefits for the girl who was conceived via sperm extracted from her just deceased husband in 1995.  

"The 9th Circuit Court of Appeals ruled Wednesday the child, Brandalynn Vernoff, was not dependent on her father at the time of his death. In California, dependency is determined by the parent-child relationship rather than the marital status of the parents, according to the decision."

Further, the article stated, "

James Raetz, one of Gabriela Vernoff’s attorneys, said California has a system set up to protect sperm bank donors, and this case is an unintended consequence of the law.

Bruce Vernoff’s sperm was removed after his death, and there was no evidence of plans for a birth after the father’s death, according to court documents.

“That’s the big distinction,” Raetz said. “The court really hung on that.”

However, Raetz said, the couple did have plans for a baby.

“No matter what, she’s a single mom trying to raise her daughter,” he said."

Interestingly, I did not in another blog on this issue, that in Arizona the result may have been different. 

"In California, dependency is determined by the parent-child relationship rather than the marital status of the parents, according to the decision."

"While her appeal was pending, the Ninth Circuit decided Gillett-Netting v. Barnhart, 371 F.3d 593 (9th Cir. 2004), which held that a set of posthumously-conceived twins were the deemed dependents of their biological father and entitled to survivor benefits.

The administration subsequently issued an “acquiescence ruling” to the decision, noting that in the Ninth Circuit a child must be biologically related to the insured and the insured's child under applicable state law to be a deemed dependent.

Writing for the appellate court yesterday, Senior Judge Cynthia Holcomb Hall explained that Gillett-Netting was based on Arizona state law, which recognizes "[e]very child [as] the legitimate child of its natural parents," but that California law does not equate natural parent status with biological parenthood."

"So, Gabriela tried to invoke "equal protection". After all, Bandalynn would have "rights" in Arizona she doesn't have in California, and other children in California get survivor benefits, but the court didn't go for it. "

What are your thoughts on this one?

Also, don't forget about registering for our conference - Erickson Law and Conceptual Options, a Center for Surrogacy & Egg Donation Announces European Conference on Surrogacy & Egg Donation  at http://www.surrogacy-eggdonation.com/geneve.convention.html

• Email This
• Print
• Comments
• Trackbacks

I read this great blog post by Donor Concierge, and I was impressed by the woman's candor.  I wanted to share this with all of you as Gail has done and get your thoughts on the subject.  As I have also been a donor, I have no problems allowing the children to have contact with me in the future in order to discover who they.   I am not willing to have any relationship beyond that, but I am willing to share with them any information that may help them in their own journey through life.  What do you think?

"Egg Donation: Why I gave up my right to remain anonymous
By Laura Witjens, Chair of the National Gamete Donation Trust, egg donor and mother 08 June 2009

Following a change in the law that came into force on 1 April 2005, British people conceived using donated egg, sperm or embryos can ask for identifying information about the donor when they reach the age of 18. Here Laura Witjens, egg donor and mother of two, writes about why she elected to remove her anonymity and potentially become identifiable to any children born from her donation.

I'll never know what made me watch breakfast television that morning. Being a single working mother with two one-year olds, it was a luxury I could ill afford. But I did, and one of the items changed my life forever. The same day, I contacted a fertility clinic and told them I wanted to be an egg donor.

It was the year 2000 and discussions about the removal of anonymity from egg and sperm donors were only just taking place between patient groups and other fertility organisations. For me, at the time just a willing and partly-informed donor, the notion of being known to any resulting offspring wasn't even a blip on the radar. The counsellor who I saw at the clinic was satisfied I knew what I was doing and, other than the known medical ones, no other long-term implications were discussed. Some months later the deed was done: 13 healthy follicles were harvested and I left the clinic with the feeling I'd done something momentous. Just how momentous, I only found out years later.

Not satisfied with the information available, as well as certain parts of the process, I made another life changing step. I contacted the National Gamete Donation Trust (NGDT) and asked if I could volunteer. I became a Trustee and, motivated by the pending removal of anonymity and differences of opinion with other Trustees, I went on to become the Chair. It's a position I've held for the last six years and in this time I've taken part in many gamete donation discussions.

I firmly believe in leading by example, a philosophy I carry through to my work as a business woman and as Chair of the NGDT. So, with such an emotive subject, how could I lead an organisation without putting my money where my mouth was? If I truly believed in the identity of the donor being disclosed to the donor-conceived person, the legislation at the time of my donation shouldn't have been relevant to me. I knew that re-registering as a known donor with the Human Fertilisation and Embryology Authority (HFEA) might be futile, since the family created out of my donation would never realise that their donor was willing to be known. Still, it was a matter of principle for me, and one that required substantial soul searching.

I asked myself the many questions that many donors in my position might ask: Can I empathise so much with these people that I'm prepared to open my door, my life, my family at a time that suits them? At the same time, can I be distant enough and accept that whilst I am prepared to make important steps towards that person's wellbeing, I will never find out if indeed they are well? More importantly, how would my children deal with this? They had absolutely no say in my choice to become a donor, but it's known that many donor-conceived people are more curious about their half-siblings than their donor. In other words, it wouldn't be me they were after; they would want to meet my own 'flesh and blood' children.

Through the NGDT I had access to donor-conceived young adults, donor conception parents and various fertility professionals. But not surprisingly the act I was contemplating was, and to a large extent still is, uncharted territory. It seemed no one could help me find the answers I needed. As not just a donor but also heading the NGDT, I did not just want to accept it - I had to wholeheartedly support and embrace it.

My answers came through my children. By then my seven year old daughter and son were developing into individuals with their own quirks, traits and habits. I divorced their father when they were one and remarried when they were four. In other words, I have my own social experiment going on with twins fathered by one man, raised by another.

My children have taken on habits from both men. Unlike donor parents, however, I know where this comes from and can share that with them when appropriate. This may seem rather trivial from the outside, but I know from experience that it does matter to them.

I donated to help other people less fortunate than myself. I went through weeks of unpleasant injections and examinations, believing I was doing the right thing. 'Doing the right thing' has been my drive through all of this: being a donor, leading the NGDT, raising awareness. And now doing the right thing means giving the children I helped to conceive access to information about me.

I have since re-registered and am happy to make myself available to the child born out of my donation. If I can help to give them understanding about themselves I will gladly help. It may seem like a little thing, but I know from experience it could mean the world to them."

Subscribe to my blog here.

• Email This
• Print
• Comments
• Trackbacks

Well, in case that is catching alot of media attention involves a couple who went back to their IVF clinic in the UK to use their last remaining embryos to create a second child.  The reports are as follows:

"A couple who were having IVF treatment when their final embryo was implanted in another woman by mistake said today they might use the compensation they received to try for another child.

• Email This
• Print
• Comments
• Trackbacks

Hello, and it is Friday again.  TGIF!  I have included a few interesting, yet informative stories that I think you will find to be thought provoking.  I am also including another link to our upcoming European Conference on Third Party Reproduction in Switzerland.  All are welcome!

Press Release Here and Link on Our Web Page 

Salt Lake City, Utah - the fate of Anthony, who is a boy who has been at the center of a legal battle between his biological mother, a traditional surrogate, his father (intended & biological) and his adoptive parents.  It looks like the justice system has worked this one out for the benefit of Anthony.  What do you think?

New York - New York Stem Cell Research Plan is being bashed relentlessly - many cite that women are being exploited by their eggs being used for research.  The claim is that these eggs are also being fertilized and/or being used for cloning.  Yes, egg donation for any purpose is a serious decision that one should only make after careful deliberation; however, I am on the fence on this one.  Anyone care to educate me on this one?

West Virginia - Lesbian moms can keep foster child - ruling confirmed.  The court was originally against the "untraditional" family; however, it looks as if they are allowing them to maintain custody at this point - although they are unable to adopt as a couple (only one can), as same sex couples are not permitted to do that in WV.  Actual opinion here.

Poland - A thirty two year old Polish woman agreed to be a surrogate mother, changed her mind but feared a legal battle and has since relinquished the child.    This is a scary prospect that we all need to think about before going into any of these arrangements, whether you are the surrogate or the parents.  Know the laws before you proceed!

London/India - As another reminder of preparing before moving forward in this area of family building, a couple from London spent a great deal of time in  India in a lengthy legal battle trying to bring their twins home. 

Another article listed here also provides those interested in surrogacy overseas to be careful, or you may risk losing your children. 

Subscribe to my blog at here.  

• Email This
• Print
• Comments
• Trackbacks

San Diego & Los Angeles, CA June 10, 2009 – Erickson Law, a boutique law firm specializing exclusively in third party reproduction, and The Surrogacy & Egg Donation Center at Conceptual Options, LLC announces their European Surrogacy & Egg Donation Conference to be held in Genève, Switzerland July 29-31, 2009.  “We realized there is a need in the European community for information on the process of Third Party Assisted Reproduction in the United States, which is why we are holding this conference to raise awareness throughout Europe.” states Theresa M. Erickson, Surrogacy Lawyer, CEO and founder of Conceptual Options. 

“A substantial portion of our clients are located outside of the United States and with the recent events in the fertility world, we felt that an information seminar to explain this process was in order.” states Surrogacy Lawyer Erickson.  

The Surrogacy & Egg Donation Conference is aimed at informing the European community on the possibilities that exist in the United States for family building.  The topics to be discussed include explaining the process of third party assisted reproduction, as well as helping alleviate the uncertainty of the journey, such as medical insurance issues, obtaining birth certificates and passports, citizenship issues, and taking your baby home.

The keynote speaker at this conference will be Surrogacy lawyer Theresa M. Erickson.  Ms Erickson is a globally recognized expert in this specialized area of law. Attorney Erickson is also involved in this community by volunteering her time for Resolve and AFA, while sponsoring events that promote awareness outside of this field.  She is also the author of Assisted Reproduction, the Complete Guide to Having a Baby with the Help of a Third Party. Her next book is currently being finalized for publication.

“The first step is to get your own thoughts in order,” states Michel Tournay the International Case Manager for Conceptual Options.  “If you are still unsure of how to proceed or where to look, ask questions, questions and more questions. We will show you what you need to build a team of professionals so you are not alone in your journey to building your family!” according to Tournay.

In fact, according to Tournay, “We understand your need for privacy and confidentiality, which is why this is a private informational conference.”   All information regarding attendees will be kept in the strictest of confidence to ensure you remain anonymous on all levels. 

For additional information on The European Conference on Surrogacy & Egg Donation please contact Michel Tournay at 001-858-748-4222 or visit our website.

About Conceptual Options, LLC & Surrogacy Lawyer Erickson

Conceptual Options was founded by Theresa M. Erickson, Esq. in 1999 and has been integral in all aspects of the fertility community and in helping build families through surrogacy, egg donation, embryo donation and sperm donation for couples and individuals across the United States and the World.  “All families are traditional; some just take alternative paths by using surrogacy, egg donation, embryo donation and sperm donation to become a family.”

 

• Email This
• Print
• Comments
• Trackbacks

San Diego & Los Angeles, CA June 02, 2009 – The Surrogacy & Egg Donation Center at Conceptual Options, LLC announces their Third Party Assurance Program. “We understand that the need for a child is not a want or a need, it is a biological imperative!” states Theresa M. Erickson, Attorney, CEO and founder of Conceptual Options. “In these uncertain times, we need some assurance! Our Surrogacy & Egg Donation Center has expanded our current Third Party Assurance Program to guarantee a positive outcome.” states Surrogacy Lawyer Erickson.   “With the recent increase of negative stories surrounding surrogacy and egg donation, one might be led to believe that there is a backlash brewing against family planning. That is exactly why it is important for those of us involved in this specialized field to continue finding new ways to guarantee our clients success!” says Attorney Erickson.

The Third Party Assurance Program allows Intended Parents the ability to minimize their risk associated with the high cost of Third Party Assisted Reproduction, while also taking advantages of our full time professional staff. “One of the greatest benefits to our Third Party Assurance Program is the ability to tailor the program to your specific needs” states Tracy Armato the Program Director for Conceptual Options. “There are four separate levels of assurance including the platinum level which gives you the assurance there will be no further center fees throughout your journey” Armato says.

Selecting a center to help guide you through the complicated process of Surrogacy & Egg Donation is an integral part of the process. Selecting a center that is an industry leader is an imperative. “Being an attorney owned center affords our clients with a sense of security and anonymity that is unmatched. We understand that surrogacy & egg donation is a private matter and we take your confidentiality to the next level.” says Surrogacy Lawyer Erickson.

About Conceptual Options, LLC & Surrogacy Lawyer Erickson

Conceptual Options was founded by Theresa M. Erickson, Esq. in 1999 and has been integral in all aspects of the fertility community and in helping build families. All families are Traditional, some just take un-traditional paths by using surrogacy, egg donation and sperm donation.

 

 

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Self-Regulation versus legislation - what is the answer?  What are your thoughts regarding the fertility industry?  Let us know.  

Here is the press release as follows:

"ORLANDO, FL, June 02, 2009 /24-7PressRelease/ -- Recently, in response to the negative press generated by the Octomom and Surrogenesis debacles, the Egg Donation and Surrogacy Professional Association members ("EDSPA") presented the organization's current status and future plans to a multi-disciplined group of internationally recognized assisted reproduction professionals. Among its many offerings, this non-profit organization provides safe practices guidelines to third party reproduction professionals.

The meeting attendees included representatives from the American Society of Reproductive Medicine, RESOLVE, the American Fertility Association, the American Bar Association, Egg Donor Agency owners, Surrogacy Agency owners in addition to attorneys who practices are limited to reproductive law.

The meeting also provided an opportunity for EDSPA to introduce its dispute resolution program for the infertile clients of third party reproduction professionals. This program, believed to be the only one of its kind in the infertility industry, will permit aggrieved clients to resolve disputes with their service providers in a non-litigious environment.

One of the meeting attendees, Maureen McBrien, a notable Boston family law attorney who authored Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science stated that "Right now, there is no regulation ... in general." Attorney McBrien offered her opinion that the best response might be for the industry to police itself. EDSPA could potentially act as a filter for agencies and be a place where intended parents, surrogates and egg donors could find security, she said.

About EDSPA

The Egg Donation and Surrogacy Professional Association accomplishes it's mission by providing a forum for education, communication and advocacy on behalf of patients, physicians, attorneys, agencies and affiliated professionals in the field of Third Party Family Formation."

Subscribe to my blog 

• Email This
• Print
• Comments
• Trackbacks

TGIF to all once again.  We have quite a few updates on the legal front as far as IVF and the related technologies are concerned - again, I blame the entire Octo-Mom mess.  Regardless, some of the bills have a great purpose, so I am not going to complain.  Today we are starting in California and ending in Croatia, so enjoy the trip!

California - Assemblymember Marty Block of San Diego has proposed AB1317, which will require that all advertisements for egg donation include a warning informing patients that there are potential health risks involved and advises consulting with one's own physician.  Here is the current status of the bill for review on the California Legislative Website.

Oklahoma - The state enacts sex-selection, cloning bans.  The governor has signed into law banning sex selection abortions and human cloning.    The bills were signed in law May 21.

Georgia - Georgia will officially become the first state with an embryo adoption law when the law takes effect July 1, 2009.  The "Option of Adoption Act"  - "Embryo adoption allows the adopting mother to experience pregnancy and has been promoted by pro-lifers for years but, until now, has not been governed by the laws of any state. Significantly, the Georgia bill amends Georgia's adoption laws to make clear that embryo adoption in fact is a form of adoption. The law also allows adoptive parents to file in court for a final order of adoption (for the child who is born as the result of the embryo adoption), which supporters of the new law say clarifies that the adopting parents are eligible for claiming some but not all of their expenses for the federal adoption tax credit, which this year is more than $11,000.

Although embryo adoption tends to be cheaper than traditional adoption it nevertheless can still cost several thousands of dollars. "

Israel - Haredi widow to become a surrogate mother.  For the first time in Israel, an ultra-Othodox woman will serve as a surrogate mother, after receiving authorization to do so from a rabbi.  "the woman was concerned of her neighbors' reactions should she become pregnant, and asked the Institute of Fertility and Medicine According to Halacha to arrange a halachic approval from a rabbi explaining her condition and guaranteeing she was not "promiscuous."

Croatia - Croatia moves to adopt long awaited IVF law.  "According to the draft law to be forwarded to parliament within the next 10 days, infertility treatment would be allowed for married women only, a term that Milinovic labelled as "conservative."

At the same time, the legislation contains "liberal" provisions allowing egg and sperm donations, the minister added.

Under the new law, a child conceived by a donated egg or sperm would be able to obtain information about his or her biological parents once turning 18.

Such a provision was already condemned by local parents organisation RODA, which warned it could discourage potential donors.

Croatia's current law on medically assisted reproduction dates back to 1978, when the world's first "test-tube baby" was born. The former Yugoslav republic had its first IVF baby five years later.

A new bill had been in the offing since the late 1990s but never reached parliament.

Many believe this was due to strong opposition from the Roman Catholic Church which sparked a vivid public debate in 2005 when it condemned IVF as a "crime against human life."

Medical sources estimate between 2,000 and 3,000 Croatian women suffer from infertility and are potential candidates for IVF treatment."

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Happy Memorial Day Weekend to all Americans - whether here or overseas!  I plan on taking off early today and spending Monday at home with my family. 

Well, here are this week's legal updates.  Enjoy!

Los Angeles, CA - New Life Agency Continues to Trial Against Beitler Services in Pursuit of Payments fro Surrogate Maternity Claims - Press Release Here

Colorado - Colorado Gay Couples Ok'd to Adopt - new legislation allows joint adoption of children by unmarried couples.  Colorado is now the 10th state in the country to allow such second parent adoptions.

Georgia -The governor has signed and passed the nation's first embryo adoption bill on May 18th.  What do you think of this law and how it will affect those opting for embryo adoption/donation?  What about the additional costs?

Massachusetts - Quincy Couple sue Boston Hospital over destroyed embryos - oops!  This is not good. 

"Destruction of the embryos amounts to gross negligence on the part of Brigham and Women’s Hospital and several members of its staff, the suit filed Thursday in Norfolk County Superior Court contends.

In a statement, the hospital said: ‘‘We are deeply sorry; we informed the couple as soon as we became aware and have apologized to our patient and her husband. We hold ourselves responsible for not ensuring the proper care of our patient’s embryos. We are improving our policies and procedures, adding an increased level of oversight to prevent this from happening again.’’

Julie Norton was diagnosed with rectal-colon cancer in 2001 at age 29, less than a year after the couple married.

The Nortons were told that the surgery and radiation and chemotherapy treatments Julie Norton had to undergo would greatly diminish her ability to have children, according to the suit.

The Nortons consulted with Dr. Elizabeth Ginsburg, the director of the hospital’s in vitro fertilization and assisted reproductive technology programs, and decided to harvest some of Norton’s eggs and cryo-preserve them after they were fertilized. "

Queensland, AU - Altruistic Surrogacy to be decriminalized - this is a move to make it easier for gay and lesbian couples to become parents. 

• Email This
• Print
• Comments
• Trackbacks

In an order signed Friday in the District Court for the Northern District of California, Judge Fogel granted the Defendants' Motion to Dismiss, but ruled that the plaintiff, the Options National Fertility Registry, could file another amended complaint within 20 days.. 

For more information on this case see Suit Over Alleged Egg-Sharing Tossed Once Again

"Options, a bankrupt international registry of data pertaining to egg donation arrangements, filed the suit in October 2007 on behalf of a group of donors whose eggs the defendants, two organizations that represent doctors and clinics, allegedly gave to unknown and unauthorized recipients via an industrywide practice known as “egg-sharing,” in violation of legally binding contracts.

The suit alleged that from 1992 through 2003, the defendants and Options had written and oral contracts by which the defendants agreed not to transfer, donate, sell, give or otherwise dispose of any eggs or embryos of the donors to anyone other than recipients specifically designated in profile transfer requests signed by doctors.

But from 1992 to the present, the defendants have breached those contracts by engaging in egg-sharing without obtaining the consent of the donors at least two weeks prior to egg retrieval, Options alleged.

Options claimed it did not learn of the practice until January 2005, when a doctor testified that infertility doctors were encouraged by the defendants to participate in egg-sharing, according to court documents.....

The donors also fear that their offspring may have increased risk of unknowingly engaging in incestuous relationships because of the defendants' actions, according to the complaint.

In addition to punitive damages and attorneys' fees and costs, the suit sought to enjoin the defendants from engaging in unauthorized egg-sharing.

After Judge Fogel dismissed the complaint in October, ruling that the court lacked subject matter jurisdiction, Options filed an amended complaint in January, alleging the same state law claims for breach of contract, fraud and others, as well as two federal claims for civil Racketeering Influenced and Corrupt Organizations Act and antitrust violations.

The amended complaint alleged racketeering because the defendants violated Options' and the donors' rights and property interests, as well as antitrust violations because Options was driven out of business as a result of the defendants' slanderous statements.

In dismissing the amended complaint, Judge Fogel concluded that the Options' claims under the federal statutes were “so devoid of factual support as to border on the frivolous.”

Although Judge Fogel said it was dubious that Options could allege a viable racketeering or antitrust claim in the case, he granted the plaintiff leave to amend the complaint yet again."

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Happy Friday to one and all!  I am excited about spending a weekend in Los Angeles.  There have been some interesting articles posted over the last week from over the world.  Read and give me your thoughts.  Have a great weekend to all.

Montana - Lesbian Custody Case - Another case of "you are not the parent" explained in detail by Julie Shapiro, who has a great blog with alot of information on many legal issues.  Of course, one of the women did not adopt the children, which would likely not be allowed in Montana, and the other woman wants full custody.  It is another unfortunate case that is even bringing in the Alliance Defense Fund, who opposes gay/lesbian rights.  So, go figure.  It is before the Montana Supreme Court, so we will keep an eye on this one. 

National - Single Embryo Transfer: Why Not Put All Your Eggs in One Basket?  Great article by Dr. Petok via the American Fertility Association.  A great response to the Octomom debacle and the move towards fewer embryos being transferred. 

Australia - Incubated Embryos Destroyed after Sydney IVF Malfunction.   This is a sad situation - I certainly hope that the end result is good for all of these patients. 

Ireland - Irish Couples Face an Uphill Struggle with Surrogacy Laws.  Surrogacy at home in Ireland is almost impossible, even though there are no laws banning such practices.  There is an adoption required, which makes this possibility virtually impossible unless it involves a family member.  And, with changes in the law in the UK in 2005, that country is no longer an option as it was in the past. 

Singapore - Singapore is now allowing reimbursement for altruistic living organ donations.  The regulations and requirements will ultimately fall in the hands of the medical ethics boards in order to determine who is a healthy donor and who is acting altruistically.  The Health Ministry now also has a plan in place as to how this will be done.  Is this a step in the right direction?  What do you think? 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Although most of my clients come to me after years of struggling with infertility to such as degree that they have to move into the area of third party reproduction; however, today, I wanted to provide some guidance to those who are "newbies."  In fact, I found a great blog that provides alot of useful information that one can refer back to over and over.  It is found at Quips & Tips for Couples Coping with Infertility. 

Some of the guidance that people at all stages should follow are as follows courtesy of this blog hostess:

"Tips for In Vitro Fertilization - IVF

Arm yourself with info, but don’t get alarmed. Our IVF doctor gave us a sheath of info and consent forms, and some of it revolves around the possible hazards of the egg retrieval and implantation surgeries. They list the possible problems (infection, intestinal punctures) and say “this is not to alarm or scare you!” One tip for IVF is to get all the info you can…but don’t let it freak you out.

Talk to couples who’ve tried IVF. When you get first-hand experiences, you’ll have more info than you ever wanted! To connect with other couples coping with infertility, ask your fertility specialist if they know of any support groups in nearby hospitals or communities. If you’re brave enough, you can ask your friends and family…and find blogs or websites like these!

Read fertility books. Current books about IVF, donor sperm, IUI, and natural treatments for infertility are great ways to learn about the procedure. The more you know about IVF, the more comfortable you’ll feel, which is why these tips for in vitro fertilization are so important.

Read Fertility Plus’ article called IVF Hints. I didn’t agree about the “don’t talk to your partner about his role, as this causes stress” part, but I think it depends on each couple. Everyone copes with infertility differently! If stress leads to performance anxiety, then by all means keep him calm…but if he’s not involved in the sperm donor process, then talk as much as you need!

Do a mock IVF transfer? This is one of the tips for in vitro fertilization suggested by Fertility Plus, but I don’t think we’ll do it. It may be good in theory, but I suspect it’ll cost more time, money, and energy than I can spare. A mock IVF transfer can give the fertility specialist an idea of the depth of your uterus, so when the real time comes, they’re ready.

Be prepared for anything. I’m prepared for pain, discomfort, mood swings, and the fact that this IVF could lead to pregnancy…or another disappointment. I’m prepared for things I can’t even fathom right now! I’m ready for anything.

Plan something fun for after the transfer! Some fertility specialists say to relax right after the egg and sperm are placed, while other say it’s not scientifically proven that increases the success of in vitro fertilization. My tip for a successful IVF is to rent a few of your favorite or new DVDs, make popcorn, snuggle up with your sweetie, and take a day or two off! Give yourself something enjoyable to look forward to.

Plan something fun for after the pregnancy test. If my in vitro fertilization isn’t successful, I’m getting laser eye surgery. Having 20/20 or better vision isn’t as good as a baby, but at least it’s something to look forward to!

What are your tips for or thoughts about in vitro fertilization? I’d love to hear from you - please comment below. Is IVF painful? How many times did you try? Did it eventually work for you? What would you do differently?"

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

I hate to beat up on a tired and worn horse, but I want to reiterate what I hear clients telling me all of the time - it should be their own personal decision on whether to pursue adoption in the first place or as a last resort.   My clients are tired of being judged and criticized when "there are so many children out there to be adopted."  Whether that is true or not, we cannot decide what is the best family building choice for anyone else.  And, we should not be judgmental.  Just be supportive. 

There are so many things to look at when making these decisions, such as cost (all of the options are actually about the same), timelines (how long do you have to wait), home study requirements, court procedures, age limitations, marital status requirements, and can the surrogate/birth mother change her mind in a surrogacy or adoption?   Each person has their own level of risk that they are willing to take.  What are your thoughts on this?  I would love to hear.

Listen to Creating a Family: Talk About Infertility and Adoption

Now, onto legal updates:

New England - Rhode Island seems to be the only hold out in the area of gay marriage.  We now have Vermont, Massachusetts, Connecticut, Maine and likely New Hampshire.  Fox News has their spin on RI's hold out.  What are your thoughts on this?

US - HR 697 Support the Family Building Act of 2009? - any thoughts on this particular piece of legislation? 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Just wanted to give another great resource to those who are dealing with the issue of "Why Not Just Adopt."  Please listen to Dawn's radio blog post found here:

Listen to Creating a Family: Talk About Infertility and Adoption

Now, onto another issue that keeps coming up, which is called the "Surrogacy Racket."   Two articles were just posted today regarding the vulnerability of patients/clients and how they can be taken advantage of in so many ways.  My point is to be patient and educate yourself completely before you jump into any sort of journey, especially when it comes to creating your family - whether it be adoption, IVF, egg/sperm donation and/or surrogacy.

Here is a portion of one of the articles:

"It’s­ am­az­ing­l­y eas­y to­ fo­o­l­ infertil­e c­o­up­l­es­ - es­p­ec­ial­l­y tho­s­e w­ho­ are
d­esper­a­t­e , a­nd­ a­r­e clut­ch­ing a­t­ st­r­a­ws. A­n excellent­ exa­m­ple is wh­a­t­ so­m­e IV­F clinics in Ind­ia­ wh­o­ o­ffer­ sur­r­o­ga­cy d­o­.

Even­­ t­hough t­hese cl­i­n­­i­cs kn­­ow t­ha­t­ t­here i­s n­­o l­ega­l­ met­hod of­ a­l­l­owi­n­­g t­he coupl­e t­o t­a­ke t­he ba­by­ a­f­t­er bi­rt­h wi­t­h t­hem out­ of­ I­n­­di­a­ ( beca­use I­n­­di­a­n­­ l­a­w on­­l­y­ recogn­­i­ses t­he bi­rt­h mot­her, whose n­­a­me must­ go on­­ t­he chi­l­d’s bi­rt­h cert­i­f­i­ca­t­e, whi­ch i­s a­ l­ega­l­ documen­­t­), t­hey­ use t­he ga­rb of­ t­he ” I­CMR gui­del­i­n­­es” ( whi­ch ha­ve n­­o l­ega­l­ va­l­i­di­t­y­ wha­t­soever) t­o put­ t­he i­n­­t­en­­ded pa­ren­­t­’s ( t­he i­n­­f­ert­i­l­e coupl­e’s) n­­a­me on­­ t­he chi­l­d’s bi­rt­h cert­i­f­i­ca­t­e. Whi­l­e on­­e ma­y­ just­i­f­y­ doi­n­­g t­hi­s f­or va­ri­ous rea­son­­s, t­he f­a­ct­ rema­i­n­­s t­ha­t­ t­he t­rut­h i­s bei­n­­g di­st­ort­ed out­ of­ sha­pe - a­n­­d on­­ce y­ou a­re wi­l­l­i­n­­g t­o do t­hi­s, i­t­’s very­ ea­sy­ t­o con­­t­i­n­­ue t­he di­st­ort­i­on­­ even­­ f­urt­her. T­hi­s i­s why­ t­hese cl­i­n­­i­cs ref­use t­o a­l­l­ow t­he surroga­t­e t­o gi­ve i­n­­t­ervi­ews t­o t­he medi­a­ ."

But, remember, that this applies to surrogacy in any area - India, Ukraine, or even the United States.  Also, look at the Stirrup Queens Blog, which has a great post today on emotional fraud, which I think also applies. 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

I have been reading alot of blogging regarding this question of "why not just adopt?", inlcuding several articles in well-known magazines questioning why anyone would choose surrogacy, egg donation or IVF over adoption.  But, we all know that it is not that simple.  And, what I really want people to do is think before you ask such questions.  Take your own life experience and personalisms out of the equation - instead, spend a moment to "walk in their shoes."  Literally. 

I suggest that you read "So You're Infertile, Why Not Just Adopt?" by Dawn Davenport.  I also suggest STRONGLY that you also read all of the comments listed by her participants.  Very enlightening, and it may help you when you are speaking to others about your journey.

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

• Email This
• Print
• Comments
• Trackbacks

Happy Friday to everyone.  We have alot of information for today's updates so let me know your thoughts and experiences.

North Carolina - This information was sent to me by a colleague in the field, and I felt that the information was essential to pass on for review and/or action. 

THIS BILL WILL BE HEARD IN THE HOUSE HEALTH COMMITTEE ON TUESDAY, MAY 6^TH AT 12 NOON.

 

I am writing to those individuals who I think might have an interest in the status of HB 510.  The sponsor of the bill graciously invited me to participate in a meeting regarding this bill with the judge and Institute of Govt. person who were instrumental in the drafting of this bill.

 

The intent of the drafters are to allow surrogacy agreements in NC which is a good thing.  However, they are taking the position that people should be grateful they are doing this and be willing to accept the limitations that are imposed by the bill.  In one sense, the bottom line is that this bill will help those who have the least problem getting pre-birth orders, i.e. married couples who use IVF and are genetically related to the child to be born.  Other individuals - such as unmarried couples and those who don’t know or can’t afford to follow the procedure - will probably not be able to get pre-birth orders.

 

MOST SIGNIFICANT ASPECT OF BILL: PARTIES TO AN AGREEMENT MUST GO TO COURT PRIOR TO EVEN PREGNANCY TO GET JUDICIAL APPROVAL OF THEIR AGREEMENT.  IF THEY DO NOT, THEY WILL NOT BE ABLE TO GET A PRE-BIRTH ORDER

 

OTHER ASPECTS OF BILL THAT MAY BE OF CONCERN:

 

1.            52D-1(1) - must do procedure through doctor - no self-insemination.

2.            52D-1(3) - surrogate must have already had a child.

 

3.            52D-1(6) - if married, both spouses must be Intended Parents.

 

4.      52D-2(d) - requires judicial preapproval of surrogacy agreement (SA) even before gestational carrier (GC) becomes pregnant.

 

5.       52D-5 - requires notice to court if agreement terminated before pregnancy and serve on all parties.

 

6.         52D-4(a) - requires hearing and testimony from each party.

 

7.         52D-4(a)(2) - requires all parties to consult with attorney.

 

8.         52D-8(a) - limits enforceable SA to only those done pre-pregnancy.

 

9.         52D-8(b)-= makes GC mother if agreement is not validated

 

10.       52D-8(c) - if no validated SA, IP is not legal parent but is held liable for child support to GC.

 

MAJOR POSITIVE ASPECT OF BILL: Will give court authority to enter order declaring a non-genetic intended parent as a legal parent who can go on the birth certificate.  Currently, it has been difficult, if not impossible, to get a court to enter a pre-birth order for a non-genetic parent (such as when embryo is created from anonymous egg donor and husband’s sperm).

 

I am not sure if in the end this bill will be helpful or limiting.  The bill certainly has a long way to go before it becomes law.  This memo is to provide you information so if any of you want to be involved with what happens to this bill, you will have the information you need.

 

You can get a copy of the bill at: http://www.ncleg.netwww.ncleg.net/Sessions/2009/Bills/House/PDF/H510v1.pdf.

Missouri - Life-Related Bills Linger in State

"A bill in the Missouri House, HB810, sponsored by Rep. Robert Schaaf, R-St. Joseph, would limit the number of embryos a physician can implant during an in vitro fertilization procedure. Limits would be based on the current number recommended by the American Society for Reproductive Medicine, which ranges from one to five, depending on a woman’s age.

As of Review press time, the House Healthcare Transformation committee had passed the bill, but it had not moved to the House floor.

Deacon Weber said the MCC opposes the bill, noting that if it is made into law, legislators are “giving the blessing of the state for doing this unethical procedure.” If passed, it would be the first law in the state that addresses the in vitro procedure, he added.

Several other Catholic leaders in the archdiocese said that the bill should serve as an opportunity for the Church to reiterate her teachings on creating human life by artificial means.  

Even if the number of implanted embryos is reduced according to American Society for Reproductive Medicine guidelines, in vitro fertilization and embryo transfer still constitutes “taking the creation of new life out context, which is supposed to be within the loving relationship of a husband and wife,” said Father Donald Henke, assistant professor of moral theology at Kenrick-Glennon Seminary. "

Nationwide - Taking a Stand for Ethical Donor Agencies 

"We understand that many of these young women looking into egg donation are motivated by the compensation, but that should never override good sense. Here are a few questions they should ask their agency upfront in the interests of ensuring informed consent.

• What are the health risks, specifically and statistically?
• How many donation cycles do you allow?
• What’s your level of experience, based on total donor cycles completed?
• Do you provide qualified legal representation for donors?
• Do you provide insurance in the event of medical complications?
• What does your donor screening process entail?
• Can I talk to your current and past egg donors?

As the fertility industry grows, it’s up to us to make sure we’re meeting the highest standards of practices and behaviors, and follow guidelines established by the American Society for Reproductive Medicine. ARR developed a code of ethics to help protect our donors, surrogates and intended parents through this process.   However, donors must remember that it’s their bodies and no one is as deeply vested in their health as they are."

International - Couples Turn to Overseas Support in Quest for Family

As I tend to be very risk adverse, I found this article to be a cautionary tale for everyone who wants to save costs while accepting more risk.

As the author states, "They need to think about the minefield of the current law before, not after they enter into what the judge described as their “entirely innocent voyage of discovery”

My final point is that the judge made it clear he could not imagine why a parental order would ever be refused by the Court in the interests of a child’s welfare. He thought the last real opportunity to consider the commerciality of the surrogacy arrangement, and grant or deny temporary leave for a child to enter the country, would be by the immigration authorities."

China - Crackdown on Surrogate Mother Industry

"Surrogate mothers are more in demand than ever in China, as wealthy infertile couples look to others to bear them babies. Officials have largely turned a blind eye to this underground womb-for-rent industry that defies the country's strict childbirth laws. But now, there are signs the authorities are starting to crack down by forcing some surrogate mothers to have abortions....

Underground networks of surrogacy agents, hospitals, and doctors have spread in recent years as infertile Chinese couples with money hire surrogates to produce babies for them. The surrogates are often confined to secret flats for most of their pregnancy to avoid detection, while fertility, obstetrics and childbirth procedures for the mothers are often carried out discreetly by medical staff at public hospitals and health clinics with links to agents. With around one in six couples in the US now estimated to be infertile and with similar rates in China, surrogacy agencies have been recruiting girls, often from poor villages, to have babies on behalf of prospective parents, in ever greater numbers"

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Found a great article on fertility tourism and how the restrictions on IVF are affecting infertile couples and individuals in Germany.  I like for us to consider this with  all of the current media attention on IVF, thanks to the Octomom, so that we tread lightly and not go too far as seems to be happening here. 

Please let me know your thoughts. 

"Women over 60 are becoming mothers, and parents can choose if they want a boy or a girl – all thanks to the wonders of modern medicine. But, such help is not available to couples in Germany.   

Instead, there are strict rules governing fertility treatment, which some believe are too restrictive on prospective parents.

Thomas Bartels and Birgit Brand have been trying to have a baby for 5 years. With no success naturally, they are now on their third IVF (In Vitro Fertilization) treatment, and they are hoping it will be the last. They say they are content with the fertility system in Germany at the moment, but with more options available abroad, such as egg donation and selection, they might be tempted to leave in the near future.

“It’s hard to say today what we will do, how much patience, how much strength do we have, how many attempts do we want to make, especially if it fails this time. And if so, then we will have to really think about whether we will go abroad to have a better chance of getting pregnant,” says Thomas Barlets."

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Found a great article on fertility tourism and how the restrictions on IVF are affecting infertile couples and individuals in Germany.  I like for us to consider this with  all of the current media attention on IVF, thanks to the Octomom, so that we tread lightly and not go too far as seems to be happening here. 

Please let me know your thoughts. 

"Women over 60 are becoming mothers, and parents can choose if they want a boy or a girl – all thanks to the wonders of modern medicine. But, such help is not available to couples in Germany.   

Instead, there are strict rules governing fertility treatment, which some believe are too restrictive on prospective parents.

Thomas Bartels and Birgit Brand have been trying to have a baby for 5 years. With no success naturally, they are now on their third IVF (In Vitro Fertilization) treatment, and they are hoping it will be the last. They say they are content with the fertility system in Germany at the moment, but with more options available abroad, such as egg donation and selection, they might be tempted to leave in the near future.

“It’s hard to say today what we will do, how much patience, how much strength do we have, how many attempts do we want to make, especially if it fails this time. And if so, then we will have to really think about whether we will go abroad to have a better chance of getting pregnant,” says Thomas Barlets."

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

TGIF, everyone!  Well, not much on the legal front this week that is new news, but here are a few items that I think are newsworthy.  Have a great weekend!

New York - Governor Patterson of New York announced plans that he is set to introduce same-sex marriage legislation into the State Assembly. 

If the legislation passes, it would make New York the fifth state to legalize same sex-marriage. Similar measures have been approved by courts or lawmakers in Connecticut, Vermont, Massachusetts and Iowa.

"We hope to have this bill passed at the end of June, at the end of the legislative session," said Kellner. "No one wants to bring this to the floor to fail, it would be a huge disaster. We want to make sure that if we bring this to the floor for a vote that it passes."

Nationwide - What Happens to Embryos When a Marriage Dissolves? 

One of the principal legal issues of ART, at the moment, regards the disposition of embryos and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?

India - As I am continually being asked about surrogacy in India and I continue to hear of cases that are not working out as planned, I want to make certain that I provide those couples with the information that I have available.  I am not against surrogacy in India, I merely want to make certain that everyone makes their decision with their eyes wide open. 

Surrogacy & Child Rights

Right of Foreign Homosexuals to Have a Surrogate Child in India: An Analysis

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

I just came across a great post on Conception Connections about ethics and egg donation agencies.  With all that is going on in the industry now, I appauld and I support what they have stated.  Please read the article and tell me what you think.  She states that the article leaves "the impression that all egg donor agencies are guilty of lax, if not unethical practices. It negates the very important role that many of us play." 

Robin also adds the following important points:

"As the fertility industry grows, it’s up to us to make sure we’re meeting the highest standards of practices and behaviors, and follow guidelines established by the American Society for Reproductive Medicine......However, donors must remember that it’s their bodies and no one is as deeply vested in their health as they are."

Bravo, Robin of ARR!

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Via Associated Press:

Adoption gives woman 'full and unassailable' parental rights, judge says

NEW YORK — A judge in New York City has granted the adoption petition of a woman whose egg was implanted in her domestic partner and resulted in the birth of a son.

Surrogate Court Judge Kristin Booth Glen says she is convinced that the woman, identified only as Mona A., is already the legal parent of the 15-month-old boy.

But in her ruling on Friday, April 10, the judge said the adoption will give Mona A. her “full and unassailable” parental rights.

The women, Mona A. and Ingrid A., got married in the Netherlands in 2004 after being together 11 years. The judge says that while the Netherlands marriage is recognized by New York state, the legal adoption will ensure Mona’s rights throughout the United States.

© Copyright by DallasVoice.com

http://www.dallasvoice.com/artman/publish/article_11085.php

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html
 

• Email This
• Print
• Comments
• Trackbacks

Can you believe that it is Friday already?  TGIF!  Some new developments on the legal landcape regarding IVF, adoption, sperm, equality, etc.  There is also a link to updates on Surrogenesis for those interested in keeping updated. 

Vermont – Vermont legalizes Gay marriage after voting to override the Governor’s veto, making it the first state to do so through legislation...

Indiana – The Indiana Supreme Court makes a controversial reversal…could your surrogacy borne child be next?

Texas – Mother says son would have wanted her to harvest his sperm…what are your thoughts?

United States – Sperm and the law…could your sperm bank be liable?

Tennessee – Following Equality Bills around the country.

Georgia – Embryo donation is already legal; this decision could make the adoption of these embryos also legal in the state.

Italy – Top court slightly relaxes their previously strict regulations on artificial procreation…not as relaxed as the media would have you believe.  

Surrogenesis Updates - http://www.eggdonor.com/blog/

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

According to a press release sent out by ASRM, Triplet and Higher Order Multiple Births from ART Are Below Two Percent.  Further the Society for Assisted Reproductive Technology Releases Data from 2007 Clinic Outcome Reports.   The information is as follows:

"Washington, DC – The latest IVF Success Rate Reports from the Society for Assisted Reproductive Technology (SART) are now on-line. The 2007 data show several important on-going trends: the percentage of live births with triplets or more is now below 2%; the average number of embryos transferred has declined; and the percentages of cycles utilizing single embryo transfer is up.

SART President, Elizabeth Ginsburg, MD, commented, “Our latest numbers show our progress in decreasing the incidence of multiple pregnancies. In 2007, 1.8% of live births to patients under 35 were triplets or more; this is down from 6.4% in 2003. As our members continue their efforts in implementing ASRM-SART guidelines, we should see future improvements in patient care and outcomes.”

For 2007, 358 clinics reported data to SART on 132,745 treatment cycles, 40,050 of which resulted in the birth of 53,050 babies. "

For the SART Results, patients can click on the yellow box, “IVF Success Rate Reports,” to search for SART member clinics in their area and view the clinics’ individual data. Each clinic’s report allows access to yearly data from 2003 through 2007 and details procedures the clinic offers with corresponding success rates. Prospective patients can use the site’s features to view clinic data organized according to the treatment types and diagnoses most relevant to them and with a click, can send a request for additional information.

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

With fertility tourism on the rise, as we all know, I like to keep you informed of perspectives that come across my desk so that you can decide how to proceed with your eyes wide open.  Specifically, how does one handle that there are no laws that regulate IVF and surrogacy in India?  Does that concern you?  Or, are you willing to overlook these issues to have a baby?  I would like to hear your thoughts on this author's perspective:

"There is no doubt that IVF technology represents one of modern medicine’s success stories. Using IVF , we can help couples who could never have a baby with any other technique to start their own family.

However, woe betide the patient who ends up in a bad IVF clinic ! For example , one of the IVF clinics in New Delhi is owned by a skin specialist. This doctor, who is not even a gynecologist , offers IVF treatment ! Not only are your chances of getting pregnant in a bad IVF clinic very low, you also run a major risk of losing a lot of time, money and energy. Not only do you pour your money down the drain, you also end up losing confidence in IVF technology, thus depriving yourself of your best chance of having a baby . And when you do find out afterwards that the IVF clinic you selected was a bad one, there is little you can do about it ! Blaming yourself or cursing the doctor afterwards does not help, which is why you need to be very careful when deciding which clinic in which to do your treatment ! Caveat emptor - and this is why it's very important that you do your homework carefully - you are making a major investment !"

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

• Email This
• Print
• Comments
• Trackbacks

Today's updates are short but sweet, as I am swamped today!

Here they are in shortened form:

Connecticut - The State lawmakers are considering updating state law to conform with a court ruling that allows that allows same-sex marriages, opponents of gay marriage fear their effort will go too far to promote homosexuality.

Massachusetts - A former Massachusetts woman has pleaded guilty to mail fraud and other charges for selling fertility drugs on the internet. 

Georgia - Update: Success as Georgia Legislation SB 169 is stripped of prohibition on cryopreservation of embryos.

Israel - Israel grants work leave for a gay man for the birth of his son via a surrogate.

New Zealand - Separated couple in dispute over frozen embryos that they created together in 2000.  No children have resulted from the other embryos; however, the woman wants to try again, despite the fact that they are separated.  The male partner will not permit her to use them or to donate them to another couple.  

India - Regulators are now pushing surrogacy legislation as the business continues to grow daily. 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

As an advocate for being proactive with one's fertility (ie. AFA's Manicure and Martinis), and in fact, having a daughter who is currently completing her egg freezing cycle, it is good to hear stories such as this published by Reuters on this woman's cryopreserved egg resulting in a live birth. 

"NEW YORK (Reuters Health) - A way of preserving the chances of having a child for women and girls facing cancer treatment that will leave them infertile has been demonstrated to work, for the first time.

 

Specialists at McGill University in Montreal have developed a protocol in which they retrieve immature eggs (i.e., "oocytes") from a woman's ovaries, induce the oocytes to mature in a lab dish, then deep-freeze them; the oocytes can then be thawed for fertilization at a future point.

 

This strategy avoids the rise in estrogen that is necessary for normal ovulation but which can be detrimental for cancer patients, and doesn't require cancer treatment to be delayed.

....

Subsequently, four eggs survived when they were thawed 2 months later. Three were fertilized by injection of a single sperm, and transferred to the patient's womb 2 days later.

 

At 39 weeks gestation, the patient delivered a healthy 7.5-pound baby girl. "Examination of the newborn by a pediatrician found no evidence of congenital malformations, and the child has continued to develop normally," Dr. Tan's team reports."

 Source: Fertility and Sterility February 2009

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

The American Fertility Association put out an information page that it both timely and important for those Intended Parents, Surrogates and Egg Donors researching which agency they should work with in order to create a family for themselves or for their Intended Parents. 

The AFA wants to remind people to "look before they leap," which I follow up with "Buyer Beware."

They posed the following questions for review, which I recommend to every potential client that contacts myself or Conceptual Options.

"You can never ask too many questions

1.  How long has the agency been in business?
2.  How many cases has it handled?
3.  What is the screening process for agency surrogates?
4.  Does the screening process include background checks and verification of information on the donor/surrogate?
5.  What part of the screening process is covered by the agency and what part is charged to the recipients?
6.  Has the agency been involved in any lawsuits?
7.  How accurate are its cost estimates?
8.  Does the agency provide a list of all fees upfront?
9.  When are payments required and what part of the payment is refundable?
10. What type of health insurance is used for agency surrogates? Can they provide proof from the insurance company that surrogacy maternity care is included/not excluded?
11. How many staff members does the agency have and what is the staff to client ratio?
12. Does it carry adequate business insurance for protection against lawsuits?
13. How does the agency manage the financial aspects of its cases and are there fees for these services?

Important Tips

• Get everything in writing.
• Consider unexpected expenses like donor withdrawal, cancelled donor, and failed donor evaluation by IVF program.
• Before putting money down, check and re‐check to ensure donor will be available within the requested time frame. Make sure IVF program is available to screen and cycle in timeframe.
• Hire an attorney, independent from the agency, to review and make changes to the contracts, which understandably will be written by the agency and in favor of the agency.
• Ask for and review contracts up front, as opposed to waiting and being rushed through.
• Know that agency costs range from $5,000 to $60,000 and above. Be realistic about how much you are able to afford, as feeling desperate often results in poor choice."

The AFA also has an online education module that I prepared for them on selecting an agency.

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

It seems like I have been doing legal updates all week with the Georgia embryo legislation.  However, I do have some updates on that state, as well as a few others.  Let me know your thoughts on each one, as I think that the evolution of this field is rapidly progressing, and we all need a voice.

Georgia - HB 388 passed the House and is on its way to the Senate.  It is essentially creating an embryo adoption format for the donation of embryos to others.  As for SB169, many revisions have been made, and we will have to see where it goes.  Resolve made the following update via their site:

"UPDATE:  The Georgia Senate passed a revised SB 169 bill today, and the bill will now move to the Georgia House.  Earlier today the Senate voted to table SB 169 which essentially took the bill out of further consideration by the Senate during this legislative session.  During a break in the Senate chamber, the bill was revised once again and re-introduced.   It was then voted on and passed 34 to 22.  RESOLVE and its partners are now studying the revised SB 169 to determine the affect on infertility patients in Georgia.  Once we have given the bill careful review, RESOLVE will provide a full analysis and what the next steps should be. 

THANK YOU to the thousands of people around the country that cared about this issue.  Georgia residents responded to our call to action with passion.   NEARLY 100,000 letters, faxes, and emails were sent to Georgia Senators, BY Georgia residents, in the past 9 days.    Hundreds of phone calls were made, and the infertility community in Georgia showed up when it mattered.  We thank each and every one of you for what you have done.  You have inspired the entire country with your activism.    You are an inspiration.  You have shown us that our voice matters and our voice will be heard."

Missouri - As in Georgia, the legislature in Missouri is pushing to restrict stem cell research.  In SB 3219, lawmakers are trying to make certain that research in not done on human embryos in their state.  The bill comes in response to the President's lifting of restrictions on stem cell research. 

Quebec - Born to Surrogate, Child has No Legal Mother, Quebec Judge Rules

A Quebec woman has no legal right to the child she paid a surrogate mother to carry for her, a judge has ruled, leaving the child without a legal mother.  The judge made this decision based on the fact that the husband's sperm had been used to fertilize the surrogate's egg - leaving the husband with the only claim to the child.  In addition, surrogacy is illegal in Quebec. 

UK - Government intends to prevent donor-egg children from contacting half siblings until they are 18 

Strict rules proposed by the Government's fertility clinic watchdog is causing quite a stir from patient groups.  It appears that couples have been doing this for some time, and HFEA wants to close a loophole. 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Rules Committee passes SB 169 - heads to a full Senate vote TODAY!  According to Resolve, they have issued the following statement:

 

Georgia Bill to restrict IVF patients goes to Senate vote.
Add Your Voice to Stop This Bill This Week!

UPDATE: On Wednesday, March 11 the Georgia Senate Rules Committee passed SB 169, sending it to the full Senate for a vote.  The vote will take place sometime Thursday, March 12. There will be no testimony from the public allowed. 

GA RESIDENTS we URGE you to act today, March 12:
1.  Continue to call, write and fax every Georgia Senator. If you already sent a letter, send another one! To send a NEW letter to every Senator, click here.
2.  Call every Senator and tell them "I oppose SB 169".  For a list of Senators, follow this link, then click on each Senator's name to find their office phone number.  http://www.legis.ga.gov/legis/2009_10/senate/senatelist.php
3.  Come to the Capitol!  We urge you to come today, March 12 between 10:00 AM and 7:00 PM. Come to the 3rd floor and you will receive further instructions.  Click here for more details about how to prepare.

In addition, according to AJC, the House has passed the following bill:

"The state House on Thursday passed a bill that could make Georgia the first state in nation to provide adoption of human embryos.

House Bill 388 passed in a 96 to 66 vote that fell mostly, but not entirely along party lines. Most Republicans voted for it, most Democrats voted against.

State Rep. James Mills (R-Gainesville), the bill’s author, presented the Option to Adoption Act as a safeguard against mothers who agree carry the fetuses of infertile couples from refusing to give up the infants after birth.

Some opponents characterized the bill as a back door attempt to outlaw abortion.

One conservative Republican, state Rep. Bobby Franklin (R-Marietta) argued that the bill amounts “to openly trafficking (embryonic) humans to the adoption market.”

But state Rep. Mike Jacobs (R-Dunwoody), a co-sponsor, disputed both arguments.

“There is no hidden agenda here,” said Jacobs. “This is a good pro-family bill.”

What are your thoughts on this legislation in Georgia obviously in response to the "Octomom?"
 

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Now is the time for this book.  Please check out Budgeting for Infertility: Bringing Home Baby Without Breaking the Bank" at

http://www.amazon.com/Budgeting-Infertility-Bring-Without-Breaking/dp/1416566589/ref=sr_1_1?ie=UTF8&s=books&qid=1236794739&sr=1-1

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

According to Medical News Today and National Partnership, it looks as if the Georgia bill (SB169) is “dead” until next year.  We had all suspected that this would happen, but again, we need to remain vigilant, as they may try and slip it through next year. 

This Georgia bill was the first attempt in the US to restrict the number of embryos implanted into a woman following IVF, and is now being following by Missouri.  Critics, such as Resolve and AFA, feel that the bills will produce devastating effects on those who want to have children but cannot without the help of IVF.

I am certain that this topic will be greatly debated at ASRM this year, and I look forward to being a part of that.  I would also like to know what your thoughts on this are and how you can help this sort of “reactive” legislation from being enacted in your own state?

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments (1)
• Trackbacks

Science Daily  posted a great article today that is food for thought for all of us in this field, as well as those participants in third party reproduction, whether it is the sperm donor, the egg donor, the embryo donor, the parents or the children themselves. 

It appears that the research points to a positive end result, but judge for yourselves.

"The study in Europe's leading reproductive medicine journal Human Reproduction, found that parents set out to find their children's donor and other donor siblings through feelings of curiosity and a desire to enhance their children's sense of identity, and without expecting any very close contact. However, once they had identified the donor and their children's donor siblings, they not only found the experiences of contacting and meeting the donor siblings very positive, but in many cases formed close and continuing bonds."

The article continues, "One of these papers is an editorial commentary by Dr Pim Janssens, an associate editor of Human Reproduction. Writing about Dr Freeman's study, he says: 'Overall, these findings suggest that knowledge of donor sibling families is a good thing, and that disclosure of the donor identity makes sense, and need not be a problem. They also suggest that for many parents and children, having only information about donors is not satisfactory – real encounters are the ultimate desire. Unexpectedly these findings might also lead us to question the importance of a common family history for the creation of 'family feeling'. After all, none of the donor families calling their donor sibling relatives shared anything but genes. Nonetheless, many said they felt intuitively bonded.'

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

The octuplet "mess" will just not want to go away, especially now with a sperm donor claiming to be involved in the mix as shown on Good Morning America.

However, there were several articles over the last few days that I think will help everyone take a look at the real costs of multiples births, as well as how this one case may end up forcing the industry to take a good look at itself. 

The first one is through the New York Times, and it takes a hard look at the fertility industry.  They think that the octuplets' birth is a real wake up call:

"The American Society for Reproductive Medicine, the association of fertility doctors, even adopted guidelines in 2008 encouraging the transfer of only one embryo for women under 35, and no more than two, except in extraordinary circumstances. The guidelines allow more for older women, up to a maximum of five.

But unlike some other countries, the United States has no laws to enforce those guidelines. The Centers for Disease Control and Prevention has a surveillance system that collects data on fertility clinics, but reporting is voluntary and there are no government sanctions for not reporting.

As a result, experts say many doctors are still implanting too many embryos to increase the chance of pregnancy. Only 11 percent of in vitro procedures in the United States involve single embryos, according to 2006 data from the C.D.C."

Click Here for the Complete Article

Furthermore, in Newsweek, an article by Dr. Mark Evans talks about the other side of multiple births - selective reduction.  He states the following:

"When I first heard that a California woman had given birth to octuplets after undergoing in vitro fertilization, I couldn't believe it. As the details of Nadia Suleman's story emerged, it became only more incredible. As it turned out, a clinic transferred six embryos (two of which later split into identical twins) to Suleman, who had six children already, meaning she was extremely fertile. I have nothing against IVF. More than 2 million women worldwide have children because of it. But with the increase in fertility treatments, the U.S. birthrate of twins has more than doubled in the past 30 years. Overlooked in the happy news, though, are the troubling surges in neonatal deaths, developmental disabilities and other long-term problems.

For those reasons, doctors prefer to avoid multiple births. But with each cycle of IVF costing more than $10,000, there's enormous pressure to get patients pregnant—fast. Guidelines of the American Society of Reproductive Medicine and the Society of Assisted Reproductive Technologies say that in women under 35, usually only one or two embryos should be transferred to the uterus in any cycle. The U.S. average is 2.4. A third of such pregnancies result in twins, and 4.3 percent yield triplets or more. In women over 35, the overall pregnancy rate falls dramatically, and the proportion of multiples goes up."

He goes on to talk about the criticism that he receives regarding selective reduction as a solution in some cases:

"Of course, selective reduction can be an agonizing decision for a parent, but most of the couples who come to me have had a longstanding infertility problem. For them, selective reduction is just one more hurdle to deal with. But they are better able to cope when they know the facts: a woman with a quadruple pregnancy has about a 25 percent chance of losing all four babies, but she can decrease the loss rate to about 5 percent by reducing to twins. The risks of prematurity, cerebral palsy and genetic abnormalities (if tested) are all reduced, too.

Reduction will always be controversial. A woman has an abortion because she wants—for whatever reason—to not have a child. But women who have reductions are often desperate to have children. In high-risk situations, reduction may be the best way—sometimes the only way—for that to happen. I realize that in the minds of pro-lifers, this reasoning is flawed. But if performing this procedure means that couples who have suffered years of anguish can have their own healthy children, I'll take all the criticism I get."

Click Here for Complete Article
 

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

Well, welcome to our Friday Legal Updates (TGIF).  We have quite a bit of news out there from this week, so enjoy each one, and please comment to your heart’s desire.

Wisconsin – Woman Charged with Unauthorized Adoption.  A Missouri woman faces a felony child abduction charge in Wisconsin where she's accused of buying a baby from a couple for $6,000.   There was a criminal complaint filed Thursday stating that 36-year-old Denise Novotny of Clinton, MO, received the infant shortly after she was born at Aurora Medical Center in Hartford in December 2004.  The complaint also alleges that Novotny had the couple sign a surrogate birth contract to disguise the crime.   This sounds like adoptions being disguised as a surrogacy is a trend for circumventing the laws of adoption.  We need to be wary of this and be on alert for this situation in our own practices.

Click Here for Complete Article

Georgia – The Georgia Right to Life Introduces Legislation to Protect the Mother and Child.  Georgia Right to Life today announced the filing of the Ethical Treatment of Human Embryos act in the Georgia Senate SB-169.  Their argument is that the recent birth of the octuplets to the woman in Southern California demands government oversight of the fertility industry, according to this group. 

“This industry is one of the most lucrative medical fields and among the least regulated. In response to this need, Georgia State Senator Ralph Hudgens along with other co-sponsors in the Senate leadership have introduced legislation that will place limits on the creation and transfer of embryos produced by In vitro fertilization (IVF).

‘This bill is written to help reduce the attendant harm that could come to the mother and her children through the creation and implantation of more embryos than is medically recommended by industry watchdog groups like the Society for Assisted Reproductive Technology’ says Daniel Becker, President of Georgia Right to Life.

‘This bill would limit the number of embryos transferred in any given cycle to the same number that are fertilized, up to a maximum of three. This bill is similar to the same common-sense regulations passed in other countries such as the United Kingdom, Germany and Italy’ said Becker.

Georgia is the first state in the nation to file this legislation. However, in Britain they have similar legislation, passed in 2004, that protects the embryo and the mother from these harmful practices.

Click Here for Complete Article

The language of the bill-SB 169

North Dakota – North Dakota House Gives Fertilized Egg Full Rights. News just out of North Dakota - we have a bill pending that intends to give a fertilized human egg the legal rights of a human being.  It appears that the intention is to put a complete ban on abortion in that state.  However, based on the field that I am in, I am concerned what it will do to the infertile couple/person with embryos frozen in that state.  What are your thoughts after reading below?

“BISMARCK, N.D. — A measure approved by the North Dakota House gives a fertilized human egg the legal rights of a human being, a step that would essentially ban abortion in the state.

The bill is a direct challenge to Roe v. Wade, the U.S. Supreme Court decision that extended abortion rights nationwide, supporters of the legislation said.

Representatives voted 51-41 to approve the measure Tuesday. It now moves to the North Dakota Senate for its review.

The bill declares that “any organism with the genome of homo sapiens” is a person protected by rights granted by the North Dakota Constitution and state laws.

The measure’s sponsor, Rep. Dan Ruby, R-Minot, said the legislation did not automatically ban abortion. Ruby has introduced bills in previous sessions of the Legislature to prohibit abortion in North Dakota.

“This language is not as aggressive as the direct ban legislation that I’ve proposed in the past,” Ruby said during House floor debate on Tuesday. “This is very simply defining when life begins, and giving that life some protections under our Constitution - the right to life, liberty and the pursuit of happiness.”

Critics of the measure say it will cost millions of dollars to defend. Ruby said the state has been willing to go to bat for other principles that were less important.

In Oklahoma, meanwhile, a state House committee Tuesday approved legislation that would prohibit physicians from performing abortions solely on account of the gender of a woman’s fetus, even though the measure’s author said there is no evidence the practice has ever occurred in the state.

The legislation passed 20-2 by the House Public Health Committee. The bill now goes to the full House for consideration.

The author of the bill, Rep. Dan Sullivan, R-Tulsa, said it is designed to stop couples from using the gender of a fetus as a reason to get an abortion. Sullivan said a doctor would be prohibited from performing an abortion if the mother specifically said the fetus’ sex was the reason.

However, he said there is no evidence the practice has occurred in Oklahoma. “I haven’t received any definite information that proves it,” Sullivan said.”

Click Here for Complete Article

Missouri – Sounds to me like the states are responding in great numbers to the advancements in reproductive technologies and now the octuplet controversy, which I vow not to address in today’s updates.  However, I did post this last week, but I am reposting again in light of the other states to follow.

It appears that the Missouri legislature, headed by Cynthia Davis.  In her bill (HB355) she is attempting to ban all anonymous donation (egg and sperm) in Missouri and give all donor-conceived offspring the right to access the donor’s identity at age 21.   In fact, she wants the child’s birth certificate reflect the biological parent’s name (yes, she called the donor a parent) and the donor parent’s name as well.  She is not intending to create any legal relationship between donors and the offspring, but the use of the word PARENT is extremely disturbing.  What do you think?

Click Here for the information on this bill HB355

Blog On Bill HB355 

Hawaii – Civil Unions in Hawaii.  Hawaii’s House passed a civil union bill this month by a vote of 33-15. 

"The bill, which now moves to the state Senate, would grant partners in civil unions the same benefits, protections and responsibilities as married couples under state law. The state would also recognize civil unions, domestic partnerships and same-sex marriages performed in other states. Partners in civil unions would not have the same protections as married couples under federal law, so the recognition is a rung below treating homosexual and heterosexual couples equally."

According to the Honolulu Advertiser, "The lawmaker who missed the vote, state Rep. K. Mark Takai, D-34th (Newtown, Waiau, Pearl City), who is preparing to deploy with the Hawai'i Army National Guard to Kuwait, supports civil unions."

Click Here for Complete Article

Other Article on www.Proudparenting.com

Australia – Lesbians Win Damages for Second Child – yes, you heard it right.  A lesbian couple have won the right to be compensated by their IVF Physician for the wrongful birth of one of their twins.  The woman gave birth to healthy non-identical twin girls in July of 2004, and the couple had sought $348,000.00 in damages for the cost of raising one of the girls.  The court papers state that the woman had told the doctor to implant only one embryo; however, two embryos were implanted.  Their intital case had been rejected by the courts, but was overturned on appeal with the court granting damages of $317,000.00 plus fees, which includes fees for a private Steiner school.

Click Here for Complete Article

India – Surrogacy is No Business, It’s a Need: Experts.  With reproductive tourism exploding, I like to keep people alert to the dangers of going to countries where the laws are not yet in place.  If you think California is the wild west, think again, as that is not the case.  But, if you are going to India, buyer beware!

"Surrogacy is not a business, it arises out of need. It gives women an opportunity to make a bright future for themselves and for others," R S Sharma, deputy director, Indian Council Medical Research (ICMR) said at a seminar held at the ILS Law College on Wednesday. The ILS Law college conducted this seminar chiefly to identify the loopholes in the proposed Assisted Reproductive Technology (ART) (regulation) Bill and suggest changes. Sharma presented the draft bill on the issue title Assisted Reproductive Technology (regulation) Bill, 2008'. In India, there is no law to regulate surrogacy and the government now wants to fill this void to avoid exploitation of the parties involved. Following this, a 15-member committee, including experts from ICMR, Ministry of Health and specialists in the field, prepared this bill and will table it before the Lok Sabha in the ensuing session. "It is incorrect to label surrogacy as a business. Both parties involved are benefited and is undertaken only after they arrive at a mutual consensus. Take for instance this case where the wife decided to become a surrogate because she needed money for her husband's treatment. Also, the family was so financially weak that they were not being able to make their ends meet. After opting for surrogacy, she was not only able to get her husband treated, but also spent on her children's education. Would you call this a business?" Sharma questioned the audience. As a result of the increasing demand for various types of ARTs, infertility clinics too have mushroomed indiscriminately across the nation. In the absence of national registry of ART clinics, there is no reliable information available on their number. Sanjay Gupte, director, Centre for Research in Reproduction, who was also present at the seminar, said, "It is often said that doctors make good profit from surrogacy in India. However, very few talk of the drug companies that sell infertility drugs and make money. They (the companies) are, in fact, the ones who are promoting malpractices in the system. We need strict laws to bind such companies, this in turn will help control the number of ART clinics." Sunita Tadulwalkar, in-charge of the IVF Clinic at Ruby Hall, said, "This was the most awaited bill as the number of ART clinics has increased significantly over the past five years. The bill will definitely improve the quality of treatment. However, I also see that the bill does not mention insurance. There is a lot of risk involved in this process and insurance companies flatly refuse to pay for infertility treatments." Students of the ILS Law College identified loopholes in the bill, particularly with respect to the status and rights of children born out of such process.   Click Here for Complete Article   ESHRE NEWS – The European Society of Human Reproduction and Embryology in their January 2009 publication gave an update on their project involving the status of donor anonymity and embryo research.  The picture emerging so far is mixed, from countries such as Belgium, Italy, Norway, Denmark, France, Germany, Greece, Protugal, Russia, Spain and the UK, though most countries favor anonymous sperm donation.  The exceptions are Germany (where egg donation is not allowed, but sperm donation is), Norway and UK, which all give children conceived by donor sperm the right at the age of 18 to know the donor’s identity.  Women in Russia and so far Belgium can be treated by known and anonymous sperm donation. No gamete donation is allowed in Italy.  More details can be found on the ESHRE website at www.eshre.com.

Theresa M. Erickson, Esq. Surrogacy Lawyer & Egg Donation Lawyer  www.EricksonLaw.net Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

• Email This
• Print
• Comments
• Trackbacks

News just out of North Dakota - we have a bill pending that intends to give a fertilized human egg the legal rights of a human being.  It appears that the intention is to put a complete ban on abortion in that state.  However, based on the field that I am in, I am concerned what it will do to the infertile couple/person with embryos frozen in that state.  What are your thoughts after reading below?

"BISMARCK, N.D. -- A measure approved by the North Dakota House gives a fertilized human egg the legal rights of a human being, a step that would essentially ban abortion in the state.

The bill is a direct challenge to Roe v. Wade, the U.S. Supreme Court decision that extended abortion rights nationwide, supporters of the legislation said.

Representatives voted 51-41 to approve the measure Tuesday. It now moves to the North Dakota Senate for its review.

The bill declares that "any organism with the genome of homo sapiens" is a person protected by rights granted by the North Dakota Constitution and state laws.

The measure's sponsor, Rep. Dan Ruby, R-Minot, said the legislation did not automatically ban abortion. Ruby has introduced bills in previous sessions of the Legislature to prohibit abortion in North Dakota.

"This language is not as aggressive as the direct ban legislation that I've proposed in the past," Ruby said during House floor debate on Tuesday. "This is very simply defining when life begins, and giving that life some protections under our Constitution - the right to life, liberty and the pursuit of happiness."

Critics of the measure say it will cost millions of dollars to defend. Ruby said the state has been willing to go to bat for other principles that were less important.

In Oklahoma, meanwhile, a state House committee Tuesday approved legislation that would prohibit physicians from performing abortions solely on account of the gender of a woman's fetus, even though the measure's author said there is no evidence the practice has ever occurred in the state.

The legislation passed 20-2 by the House Public Health Committee. The bill now goes to the full House for consideration.

The author of the bill, Rep. Dan Sullivan, R-Tulsa, said it is designed to stop couples from using the gender of a fetus as a reason to get an abortion. Sullivan said a doctor would be prohibited from performing an abortion if the mother specifically said the fetus' sex was the reason.

However, he said there is no evidence the practice has occurred in Oklahoma. "I haven't received any definite information that proves it," Sullivan said."

Click Here for Complete Article at Fox News

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

• Email This
• Print
• Comments
• Trackbacks

 

A. Missouri – it appears that the Missouri legislature, headed by Cynthia Davis. In her bill (HB355) she is attempting to ban all anonymous donation (egg and sperm) in Missouri and give all donor-conceived offspring the right to access the donor’s identity at age 21.          In fact, she wants the child’s birth certificate reflect the biological parent’s name (yes, she called the donor a parent) and the donor parent’s name as well. She is not intending to create any legal relationship between donors and the offspring, but the use of the word PARENT is extremely disturbing. What do you think?

 

 

Click Here for the information on this bill HB355

Blog On Bill HB355

B. Octuplet Case – the ASRM is now considering to kick the octuplet doctor out of the society. What affect do you think this will really have? And, with his new case of quadruplets, why do patients keep seeking him out for treatment, especially with his (un)success rates?

Click Here for an Article on this Case in WSJ

Click Here for an Article on this Case in Union Tribune

Click Here for an Article on this Case in New York Post

C. India Surrogacy & a Legal Warning – I read an informative article on a warning to couples/individuals going to India for a surrogate mother. The article discusses what I have guessed all along, that pursuing surrogacy in India is still a risky process because there are still no comprehensive laws covering the practice. I am always concerned when people cut corners when they are in such a vulnerable and desperate state of mind. What do you think?

See article at www.theage.com.au

Theresa M. Erickson, Esq. www.ericksonlaw.net

 

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

I have been trying to show restraint with my opinion on the octuplets because I believe strongly in reproductive freedom for everyone in America, and I also understand an individuals strong desire for children.  But, I really enjoyed the piece written by George Dvorsky on the Institute for Ethics and Emerging Technologies Blog.  He makes quite a few good points involving common sense and restraint.  As many have cited, he wants ASRM to set up and give their guidelines some teeth.  I am not certain if that will happen or if it should happen, but let me know what you think. 

"Like a lot of people last week, I was shocked to find out that Nadya Suleman, the mother of the octuplets born last week in Los Angeles, already has 6 children—all between the ages of 2 and 7.

And that she is a single mother who has already filed for bankruptcy, and that she is a self-described “professional student” who lives off education grants and parental money.....

Looking at this case one gets the feeling that some fertility clinics look upon their patients as nothing more than customers. Given the nature of their work, however, this attitude will simply not do.

A lassez-faire approach to repro-tech won’t work to protect the interests of those hoping to use these technologies and to protect those lives that are created as a result. I agree that regulation should be very liberal and accommodating to a diverse set of interests, but complete de-regulation would be both dangerous and facile.

But establishing regulations and guidelines is one thing, enforcing it is quite another.

In some cases, this one included, it would be perfectly reasonable for the state to intervene and deny access, or at the very least compel clinics to follow a strict set of guidelines to prevent this sort of thing from happening. It’s time to empower groups like the ASRM—particularly now as new reproductive technologies are emerging quickly. This way, fertility clinics will be compelled to follow the rules and be held accountable for their actions.

It’s clear that this has to happen. Clinics won’t regulate themselves.

But why should we have expected them to? They’re not the ones who now have to raise these children. "

Click Here For Complete Article

See Also Article by the Reproductive Rights Prof Blog

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

• Email This
• Print
• Comments
• Trackbacks

Well, we have quite a day in legal news today. So, let’s start with the notorious octuplets –

As Sarah Palin, whether you like her or not, would say “Joe, say it isn’t so” to this one. This week I reported that this mother of eight should not be judged until “we have walked in her shoes,” but today all of the news outlets (such as LA Times, GMA, Today, etc.) are reporting that she already has six kids and reproductive technologies were used, whether IVF, Clomid, or some other means. 

Karen Hammond of the AFA stated “I congratulate this lady for having the fortitude to carry octuplets to viability, but in a sense, this birth represents a failure of infertility treatment. The majority of such high-order multiple pregnancies end with loss of all the infants, and multiple pregnancy poses dangers for the mother as well,” says Hammond.

Even Fox News made a great argument stating that the focus should not be on why she did not selective reduce, but why, if the story is true, did her physician place eight, yes 8, embryos into her uterus. I certainly hope that it was not an American physician – what will the ASRM say or do about this? Either way, I am concerned about regulation due to the actions of a few if embryos were transferred.

I think that the jury is out on this one until we get all of the facts, but here is the update. Let’s see how it turns out. What do you think? 

Now, as for the donor conceived case filed in Canada, the court has ruled as follows:

“For the first time in Canada a court has ruled on the legitimacy of a donor contract in determining the competing parental rights of a lesbian couple and a gay man who was the sperm donor.

The precedent-setting court ruling that the agreement is not enforceable could open the door for a child to have three or four recognized parents in "known donor" situations.”

At the same time, it may also have a chilling effect on lesbian couples seeking a specific donor and who want their child to know the identity of the father.

The legal dispute involves a lesbian couple in Toronto and a gay man who agreed to be their sperm donor and play an active role as a parent.

Click Here for the Complete Article

And, finally, we have a woman who has died leaving three frozen embryos. It is stated that her fiancé, who sperm was used, wants to use his sister as a carrier.   The dead woman’s mother is poised to fight that this is not her daughter’s wishes. We will see where this one goes. 

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

 

 

• Email This
• Print
• Comments
• Trackbacks

 

I just found this great piece from Melissa Ford of Stirrup Queens (great blog, by the way!) on why egg donor (or "egg suppliers") should be compensated.  With all the articles running on the exploitation of egg donors, I thought that this was a timely discussion.  Let me know your thoughts on this one.

"Back in college, the popular way to make beer money was to sell your plasma. It was so popular that the student handbook listed the plasma center along with a few local dry cleaner recommendations and coupons to a sandwich shop. I'm not sure what the going rate was back in 1992, but a quick search online yielded that the going rate for plasma is about $70/week (two donations a week at $35 each).What made me think of this today? Because I read an argument against compensating egg donors stating that no other donated body part or product receives financial compensation. And that's just not true, there's plasma. In fact, it is legal in America to be financially compensated for cells, though you cannot be compensated for organs.

FoxNews reported back in November that plasma donations were up as first time donors stepped up to earn gas and grocery money by selling their blood product, which brings us to Salon's article this week on Broadsheet discussing the increase in egg donors and the ethics of paid donations. Quoting a recent Boston Herald article and the constant discussions around the Internet on this topic from the Wall Street Journal to the Washington Post, the post begins: "In these stark economic times, what's a gal to do when the creditors have the phone ringing off the hook or when her boss shovels her onto the fast-growing pile of the nation's unemployed? For an increasing number of women, it means considering selling their eggs for anywhere from $5,000 to $10,000."

Donations are, by their very definition, gifts without compensation. I fully agree with anyone who argues that donors who receive compensation are not donors by definition; though I also argue that donor is an antiquated word that no longer holds meaning in our society. Political donors give money with gain both tangible and intangible in mind from access to positions within an administration to simply having your desired party in place when policy is being decided. Philanthropic donors gets a building named after them after they cough up a ten million dollar check. It's not that there aren't people out there doing something for nothing, but most people want recognition of their gift, if not financial compensation.

If it helps, we can rename egg donors "egg suppliers" instead.

Tracy Clark-Flory did a fantastic job on the Salon piece pointing out that donors who are solely financially-driven usually do not make it through the rigorous screening process required of all potential donors (though returns with an alarmist final thought on financial desperation). Those who donate solely to make money with no regard to the enormity of the task on hand--emotionally or physically (for themselves, their recipient, and any children born of their gametes)--are generally left disappointed with a rejection slip. Over 90% of wannabe donors do not make it to that first lupron needle."

Click Here for Complete Article

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

 Parents via Egg Donation has made the news!  The Oregonian has written a piece about the organization and Marna that you really must read.

"All over the world, women who can't give birth using their own eggs are becoming pregnant with eggs donated by others.

Many turn for information and support to a nonprofit organization called Parents Via Egg Donation, founded by a woman named Marna Gatlin. Those who've been helped by the organization call themselves "friends of Marna."

Marna lives right here in Oregon.

There's not a lot Marna doesn't know about giving birth using donor eggs. Eight years ago, she was part of the process herself.

At that point, she'd been trying to get pregnant for more than a decade. Marna says she miscarried nine times. Her marriage couldn't stand the stress; she and her husband divorced."

Click Here for the Complete Article

Be a Friend of Marna, and Donate Now

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks

New York Researchers at Weill Cornell Medical College reported today that there are little to no risks associated with egg donation. Out of all of the cases that they studied they found serious complications in only 0.7% of the cases and minor complications in 8.5 % of the cases.

They concluded by saying that these results are typical as long as the utmost care is taken with the egg donors. This is something that fertility doctors have been telling egg donors and the public for years; however, the research finally backs it up.

"As we care for a young woman who wishes to donate eggs," concluded Cholst, "it behooves us to make every effort to minimize risks that she may experience and to be clear in providing informed consent concerning those risks."

What is everyone else's experience?

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

 

• Email This
• Print
• Comments
• Trackbacks

CNN actually did a great piece on egg donation last night.  In fact, I really liked how Kathy Bernardo of Assisted Fertility explained that infertility is a disease/diagnosis and egg donation is the treatment, versus the exploitation angle that so many media outlets have been using as an explanation. 

See video here

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

• Email This
• Print
• Comments
• Trackbacks

Research done by the University of Washington was released this week in the Journal of Fertility and Sterility determined that two-thirds of women who donated their eggs reported satisfaction, with 16% complaining of subsequent physical symptoms and 20% reporting lasting psychological effects. This is the first study done to examine the long term effects of egg donation.

In fact, as I discussed in my piece on egg donation yesterday, the researchers were surprised at the low number of women who reported an awareness of possible physical risk prior to donation. Nearly 63% viewed the potential risk as minor, with 20% not recalling that they were made aware of physical risks at the time of their first donation. 

Researchers also noted that the women may be forgetting what they were told as it had been quite a while between the donations and this study. They also felt that many of the young women discounted the risk at the time that they donated because of their age. “Risks don’t mean much to young women,” according to Nancy Kenney, UW Associate Professor of Psychology and Women Studies and the lead author of the study.

Of the women who reported physical problems, bloating, pain and cramping, ovarian hyperstimulation, mood changes, irritability, or weight gain or loss were the common complaints, with several claiming infertility, decreased fertility or damage to their ovaries. 

However, most of the women (73%) reported being aware of some of the psychological risks associated with egg donation prior to donating. 

The women were split on why they donated – 32% said their motivations were solely based on helping others, while 19% said financial concerns were their sole reason. The remaining women cited a combination of altruistic and monetary reasons for their donation.

This research was based on the input of 80 women who donated for the first time at least two years before they filled out the research questionnaire and were an average of 30.6 years when surveyed.

Complete Press Release Here

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

• Email This
• Print
• Comments
• Trackbacks

Well, after all of the news of recent of egg donors and the economy being shoved down our throats from press releases, news articles and news programs, I woke up this morning with a new concern about all of this. 

Shouldn’t we be concerned about this rise in donors? Who is Exploiting Whom, if at all? That is why we, as an industry, need to make certain that no one is exploiting anyone. In fact, we need to ensure that there is no abuse on either side – by the agencies, lawyers, parents, and clinics, as well as on the side of the donors themselves. As a Reproductive Lawyer and the Founder of an Egg Donation & Surrogacy Agency, I have a vested interest in ensuring that this is done sooner than later.

With that in mind, I think that we need to be concerned that the state of the economy may actually cause more women to become donors by not thinking about what they are actually doing and by not considering the risks. Which, in turn, can leave open the possibility that the donors may start the process, get accepted, get selected by parent(s), undergo testing at the cost of the parent(s), who then back out once they realize what this medical procedure actually entails? Or, donors who go forward because they need the money without really thinking through what they are doing? Who loses in this case? Who suffers emotionally? At what cost?

On the other end of the spectrum, shouldn’t we also be concerned about the donor’s authenticity? Desperation creates the environment for changing one’s history, medical or otherwise – does it not? If one needs money so badly, why not make oneself into the poster of good health, good family history and a great education?

With these points in mind, I want to make certain that those couples/individuals looking for an egg donor or the donors looking to donate, do their research first on the agency or clinic where they select their donor or select to be a donor as follows: 

1.            Has the agency verified the donor’s credentials? 

2.            Have those credentials been sent directly from the education institute or college or were they sent directly by the donor? 

3.            Has the agency obtained the donor’s medical records from previous cycles?  Has the donor actually been screened by the agency? 

4.            What does their actual screening consist of? Remember, numbers are not everything, as quality is much more important than quantity – so it is important to question those agencies that claim to have hundreds of new donors from the economy. 

5.            Has the agency, lawyer, or clinic provided you, as the potential donor, an opportunity to speak with a physician regarding the potential risks? Have you had the opportunity to speak with a psychologist? Have you had all of your questions answered?

Yes, the economy can certainly cause a woman to make a decision to become an egg donor (or a surrogate mother) for the compensation that it provides, but also make certain that these donors (and surrogates) are not just in it for the money – they need to understand the entire process and they are moving forward with a clear sense of how they are helping someone create the family that they have always wanted and dreamed of, as well as understand all of the potential medical and psychological risks that are actually involved.   

As an industry, we all need to make certain that all parties, the donor, the parents and the future child, are protected. I know what my staff and I do to ensure that this is taken care of. In fact, we continually are revising and adjusting our protocol to adapt to change in the industry. Shouldn’t we all?

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

• Email This
• Print
• Comments
• Trackbacks

With the media, including the Wall Street Journal and Fox News, focused on how the economy is causing more women to sign up as egg donors and surrogates, our industry needs to be sensitive to this.  Specifically, we need to be certain that these women are doing it for the right reasons, as well as for the money. 

There is quite a bit for them to think about before committing themselves to this process, to include medical risks, the emotional aspects and the time commitment. This process is not an easy buck for anyone, and the reproductive community needs to make certain that we do all that we can that they are thoroughly and adequately informed. 

Click Here for an Article on this Subject

Click Here for a Similar Article on this Subject

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

• Email This
• Print
• Comments
• Trackbacks

Articles regarding the possible danger of egg donation are nothing new. However, what is slightly less common and even more worthwhile are articles like the one in the Daily Princetonian which calls for higher governmental regulation of the assisted reproduction field.

The author calls for a national egg donation registry that would be able to keep the information of all egg donors within the United States and help to identify any long term risks that might otherwise not be seen. Additionally, this government regulated national registry could enable practitioners in the field of assisted reproductive technologies to see what which treatments are most effective and which are most ineffective.

Yet, as those of us in the field of ART are aware…governmental regulation is slow coming if ever, which is why those of us in the field of ART need to continue to build a national egg donation database of our own that is self regulated until the governmental regulation finally catches up. What are your thoughts? 

Click Here for Complete Article

• Email This
• Print
• Comments
• Trackbacks

"The Ultimate Medical Privacy Guide: 100 Tools and Resources to Secure Your Health Records" looks to be an important read for all ART clients.

"Have you heard the positive points about putting your health records online? Or, like many, are you concerned about security and privacy issues about using your credit card online, let alone adding your health records to a Web-based program? If you stand in either camp, you’re not alone. But, even online health record advocates are leery about security.

With that fear in mind, the following list contains 100 tools and resources you can use to make an informed decision about this issue. Health records have, historically, been protected by regulations that protect the patient’s privacy. An online venue, on the other hand, requires different measures to secure sensitive information. So, we’ve included links to opinions about health record security, tools that will help you understand new regulations and technology that centers on health industry security, blogs that focus on frequently updated news about this movement, and background information on eHealth, Health 2.0 and law support for various health issues."

Click Here for a Link to Post

• Email This
• Print
• Comments (1)
• Trackbacks

Recently as last year, a physician from Arizona had begun lobbying in front of Congress to regulate egg donation. This is in response to the fact that her own daughter, who donated her eggs several times, died of colon cancer at a young age.  Now, I met this woman personally at a conference in Chicago earlier this year, and I do sympathize with her; however, I was unable to find a direct correlation between her donation and the cancer.  I must note that my investigation was only cursory at best. 

With that in mind, how are we to resolve this issue for this donor and for all other donors?  As of right now egg donation is not regulated beyond the FDA testing and the ASRM guidelines that are in place to "guide" everyone.  

Additionally, the field of Assisted Reproduction is not required to hold on to any of the medical records for any egg donors following the completion of their egg donation cycle. I will note that this Arizona doctor is suggesting that Congress create a national egg donor database where medical records and other information on the egg donor will be kept for future children, as well as for the donor herself if she suffers any complications or the like.

Now, even though this national egg donor database seems like a great idea, could it not also cause problems of its own? For example, will fewer women be willing to donate their eggs if it is not completely anonymous? Will there become waiting lists for egg donors who are willing to make this information known? How far will this database go? Will donors become completely known or will they be given an identifier where their medical information is only known? What are your thoughts?

Click Here for the Arizona Article

Click Here for an Intended Mother's Perspective

• Email This
• Print
• Comments
• Trackbacks

Recently as last year, a physician from Arizona had begun lobbying in front of Congress to regulate egg donation. This is in response to the fact that her own daughter, who donated her eggs several times, died of colon cancer at a young age.  Now, I met this woman personally at a conference in Chicago earlier this year, and I do sympathize with her; however, I was unable to find a direct correlation between her donation and the cancer.  I must note that my investigation was only cursory at best. 

With that in mind, how are we to resolve this issue for this donor and for all other donors?  As of right now egg donation is not regulated beyond the FDA testing and the ASRM guidelines that are in place to "guide" everyone.  

Additionally, the field of Assisted Reproduction is not required to hold on to any of the medical records for any egg donors following the completion of their egg donation cycle. I will note that this Arizona doctor is suggesting that Congress create a national egg donor database where medical records and other information on the egg donor will be kept for future children, as well as for the donor herself if she suffers any complications or the like.

Now, even though this national egg donor database seems like a great idea, could it not also cause problems of its own? For example, will fewer women be willing to donate their eggs if it is not completely anonymous? Will there become waiting lists for egg donors who are willing to make this information known? How far will this database go? Will donors become completely known or will they be given an identifier where their medical information is only known? What are your thoughts?

Click Here for the Arizona Article

Click Here for an Intended Mother's Perspective

• Email This
• Print
• Comments
• Trackbacks

With new stations declaring that young women are donating their eggs to make money in a sagging economy, we need to address the risks that go along with this money making endeavor.  Advertisements are in college newspapers and university halls contain signs encouraging young women to become egg donors for a pretty penny. The lure of thousands of dollars calls many women to look into egg donation or to actually participate in egg donation.

The worry is the uneducated decision these women are making. Along with most medical procedures, there is a risk involved in egg donation. As an egg donor these women should be aware of the facts about egg donation and the risks involved.

Certain facts that should be noted are:

1)      Time Commitment: Several weeks of injections, ultrasounds, blood tests, egg removal (transvaginal ovarian aspiration), and recovery are a few of the time consuming activities that take place for an egg donation.

2)      Infertility risk: Biggest risk with egg donation is the possibility of complications that might lead to infertility, even though these complications are extremely rare.

3)      Ovarian Hyper Stimulation Syndrome: Ovaries can become “hyperactive” retaining water. While usually treatable and donors still continue through the procedure, in extreme cases, one or both the ovaries might be removed.

4)      No sex during the process: Since a donor is on fertility medications to stimulate the egg production, it is best to avoid sex since unwanted pregnancy risks are multiplied.

Even though egg donation might seem like a quick fix for cash it is a medical procedure and women need to understand that make sure they are educated on the process. A great doctor and a great agency will make this process safer and more efficient for the donors.

What are your thoughts:

1.      Should there be an age limit beyond 18, to make sure women understand the risks, process, etc?

2.      Should there be classes, seminars, etc that women should have to attend to be able to donate eggs?

3.      Is this from a old world mentality that women cannot decide for themselves or for their body?

4.      Should we assume that college educated women cannot understand a medical procedure or the process they are going to start?

For More Information, Click Here

• Email This
• Print
• Comments
• Trackbacks

For the first time in Vancouver, a class action suit was brought to attempt to change the laws regarding sperm donor’s anonymity last week. The plaintiff is Olivia Pratten, the daughter of an anonymous sperm donor who is attempting to get information about her biological father before the medical records are destroyed.

Currently, the laws in Canada are that gamete donor’s medical files can be destroyed after six years;  however, Pratten in her suit is attempting to overturn this law so that she may learn pertinent medical information. Additionally, Pratten is arguing that this law violates the rights of those conceived using gamete donation.

On Tuesday, a British Columbia judge issued an injunction to stop the destruction of any medical records related to artificial insemination. This is of course being appealed as we speak. However, if this decision is to be upheld what would that mean for the donor’s anonymity? Could Canada eventually become like the UK where donors are not anonymous? Also if that were to happen, would there be a decrease in those willing to donate their gametes?

Click Here for Link

Click Here for Link

• Email This
• Print
• Comments
• Trackbacks

Resolve: http://www.resolve.org/site/Calendar?view=Detail&id=24421

A Free One-Hour TeleSeminar
Friday, October 24th
1:00PM ET/ 12:00PM CT/ 11:00AM MT/ 10:00AM PT

Hosted by Dr. Marcus Jurema
IVF NJ

• Email This
• Print
• Comments
• Trackbacks

Fertility and Sterility magazine recently published physiological research done in Israel regarding single mothers who have conceived children through the use of both a sperm donor and an egg donor. The team of researchers from the Hebrew University of Jerusalem wanted to look at single women from age 36 to 50 who conceived children using the assistance of an egg donor and sperm donor and determine whether or not they would tell their children how they were conceived and if the children exhibited any emotional and/or behavioral difficulties.

In Israel the identity of all egg donors and sperm donor are kept confidential by law, which means the children would not be able to find out that they were conceived via egg and sperm donation without their mother’s informing them. The researchers found that most of the women planned on telling their children that they were conceived through the use of a sperm donor by the time they turn 18, but were most likely not going to inform them that they had also been conceived with the use of an egg donor.

I wonder if this has something to do with societal and cultural ideas about motherhood and familial bonding, yet the research did not go into this. Additionally, the study also revealed that there was minimal, if any, impact on parenting and the children’s development through the use of assisted reproduction. What are your thoughts?

Click Here for Complete Article

• Email This
• Print
• Comments
• Trackbacks

MSN money posted an article that clearly wanted to make a statement against would be parents that cannot have babies the old fashion way.  Do we really sit in small groups at ASRM and talk about designing a new line of babies - heck no!  Instead, we educate, research, and continue progress to help all would be parents become just that - parents.  Money is always involved, but this article was too simplistic and merely was an attempt at sensationalism.  What do you think?

Click Here for Article

 

• Email This
• Print
• Comments
• Trackbacks

You go girl!  In surprising and happy news, a 59 year old woman recently gave birth to healthy triplets in France. The woman is said to have used IVF treatments to conceive the triplets at a private Vietnamese clinic. Not much is known beyond that information about the woman or how exactly the triplets were conceived. What are your thoughts?

Click Here for Article

• Email This
• Print
• Comments
• Trackbacks

Do you truly need to be genetically related to a child to feel that they are your own? Well according to a United Kingdom woman, she needs the genetics.

According to reports the woman and her husband were attempting to do fertility treatments for nearly 5 years and, unlike the United States, they were put on a waiting list for treatments. However, the woman claims that when they started the process her eggs were in perfect condition and it was her husband’s sperm that was the issue, now she says that once they were finally able to get treatment the doctors discovered that her eggs were now too old and they would need to use an egg donor.

Unfortunately, they would have to wait for that too since egg donors in the UK are not easy to come by, so instead of waiting they went to Spain where the donors are anonymous and there is a lot more of them. Of course, since they did not want to wait any longer, they opted out of waiting for a blue eyed and went for the first available donor.

Continue Reading...

• Email This
• Print
• Comments (2)
• Trackbacks

Recently, Egg Donation has been receiving a plethora of media attention as fertility clinics claim that more and more women are trying to be Egg Donors. Yet, it seems that the reasons for this recent “boom” of women wanting to be Egg Donors has about a million different reasons…at least every news story seems to give a different reason.

However, with all of this new found media exposure people who are against Egg Donation are also becoming more and more vocal. Some of these anti-Egg Donation advocates are even claiming that being an Egg Donor can lead to the Egg Donor getting cancer or putting her at a higher risk for cancer. This claim, however, is not backed by any scientific research or studies. Most of the people, excuse my generalization, that are anti-Egg Donation do not have research or studies to back up their claims or they simply say that these women do not know what they are getting themselves into.

In my opinion, no matter how you feel about Egg Donation, if you want to become an Egg Donor or want to have a truly valuable opinion on the subject, you should thoroughly research the topic and find out all that you can about Egg Donation. Additionally, if you are thinking about becoming an Egg Donor you should definitely become educated on the subject and ensure that you know exactly what you will be going through.

That’s all that we, in the Assisted Reproduction field, can really ask for…is that people research and become educated on what Egg Donation is and what the real risks are to the Egg Donors.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

Women who are struggling with infertility are aware that it is a long and arduous process that has a tendency to be very time consuming, especially when it comes to work schedules. However, the struggle has gotten a little easier in Chicago, Illinois where a panel of three judges decided that women who need time off to complete infertility treatments are allowed to invoke the Pregnancy Discrimination Act. This should help plenty of women who have been threatened with unemployment for taking too much time off her infertility treatments. Of course, this judgment could easily be overturned when the defendant’s appeal as they have already begun to do, but for now this is a huge step in the right direction.

Click here for the full article

• Email This
• Print
• Comments
• Trackbacks

Cambridge University researchers were set of present the findings of their study, on the psychological wellbeing of children conceived with the help of Assisted Reproductive Technologies, on Sunday at the European Society of Human Reproduction and Embryology conference.


The researchers conducted a 7 year study of 39 families that used Surrogacy, 43 families that used sperm donation, 46 families that used egg donation, and 70 families that conceived through natural reproduction. They studied whether or not children that were conceived with the help of Assisted Reproductive Technologies had lower self-esteem, were closer or farther removed from their parents, and their overall psychological well being.


The study concluded that there was no significant difference between the children that were conceived with the help of ART and the children conceived naturally in any of these areas. The only difference that the study found between the children was the fact that by the age of 7 fewer of the children conceived with the help of ART were told about the nature of their conception compared to children conceived naturally.


This is another victory for ART, in that it can show the world that children conceived with the help of ART are in no way different from children that are conceived naturally.

What are your thoughts?


afp.google.com/article/ALeqM5hsVjzHODQfj9pEV3qZew2VbQNrsg

• Email This
• Print
• Comments
• Trackbacks

Stanford University recently released a study about attempting to accurately predicting if IVF will result in pregnancy for parents.


The study was conducted in 2005 and consisted of 665 IVF trials that were conducted at Stanford University. From this data the researches have been able to conclude that 18-45 % of IVF treatments, but these results only take into account women who use their own eggs and do not use a surrogate.


Additionally, the Stanford researchers have determined 4 out of 30 factors that will better predict pregnancy outcomes, including the number of embryos that are fully and undeveloped developed during fertilization and a hormone test.


However, this study cannot predict for patients whether a second cycle of IVF will result in pregnancy. It can only predict whether or not the treatment likely worked. This is just another study that will end up helping infertile people in the future better predict whether or not fertility treatments will work before they start any medications.


What are your thoughts?


www.mercurynews.com/news/ci_9762206

• Email This
• Print
• Comments
• Trackbacks

California Stem Cell Inc. has a chance to become the first company to gain federal approval to test embryonic stem cell treatment in humans. The two diseases that California Stem Cell Inc. has focused on are ALS (Lou Gehrig’s) Disease and SMA. Stem cell research has been a controversial area of science since it requires an early-stage human embryo to extract the stem cells.


However, certain groups in society view stem cells as the great cure all once it has been perfected. Stem cells can be coaxed in growing into any type of cell in the human body, and then can be the replacement for cells, which have been infected by a disease. For their research the stem cells used originated from newly fertilized eggs that were discarded by a fertility clinic after the egg donors no longer needed or wanted them.


What are your thoughts:

1. Is it okay to use these fertilized eggs?
2. Is it better to use them for research or to just destroy them once a couple is finished with them?
   
3. Do you think stem cells will be the greatest cure, once we are able to use them effectively?

Only time will tell if this stem cell research will be effective and if California Stem Cell Inc. will receive the federal approval to test their stem cell treatment.


www.ocregister.com/articles/stem-cell-cells-2077118-company-disease

• Email This
• Print
• Comments
• Trackbacks

In the UK, the removal of anonymity has had a significant effect on egg and sperm donation.


The law passed, in 2005, gives donor-conceived children the right to trace their biological parents when they reach 18. The government says their reasoning is that the children’s right to discover their genetic origins outweighs the donor’s right to privacy.


Since this decision, infertility therapy has dropped to its lowest rate since records have been kept. With the shortage of donors, families are now turning to friends and relatives for help. This might seem like a great alternative, but a sperm donation by a friend/family helps one couple, while, one donation at a sperm bank can help up to 10 couples.


Clinics in the UK now have about a two year waiting list for sperm. Egg donation is showing the same downward trend. With egg donation the biggest hit is in the domain of egg-sharing.


While, there were 1,142 shared-egg fertility procedures in 2004, before the law came into place, there were only 608 shared-egg procedures in 2006.


The government does not believe that anything is wrong with this trend and blames it on lack of awareness about sperm and egg donation. However, the Department of Health is starting a regional egg donor recruitment campaign to try to offset some of these low numbers.


As of now, more couples are turning to other countries for egg and sperm donation where anonymity still remains.


What are your thoughts:

1. Is it a sign when people would rather go out of the country to receive anonymous donors, instead of waiting for a known one in their country?
   
2. With the United States looking toward this same type of law, should we be worried?
   
3. Is it a success to let 100 children know their biological history, instead of 300 more children being born?
   
4. Is the government’s reasoning for the law enough?

www.timesonline.co.uk/tol/news/uk/science/article4215440.ece

• Email This
• Print
• Comments
• Trackbacks

When dealing with infertility, technology has only come so far; especially for women who cannot produce healthy eggs. Even with treatment to produce more eggs the outcome is not always successful since the eggs produced are not healthy. Usually, the only opportunity to have children was through adoption. The solution and another chance for these women come in the form of egg donors. Egg donors are typically women under the age of 30, in excellent health, and have been screened both medically and psychologically. These women undergo treatment to produce healthy eggs for the women who cannot produce their own. Egg donation is the answer to some women’s prayers in relation to infertility. Would you call egg donation a treatment to infertility or an alternative option to infertility? How far does technology need to come in reproductive law till we can solve most infertility questions? Do you think the field of research in infertility is at a disadvantage because it is usually a “woman’s problem”? What are your thoughts? www.ericksonlaw.net

 

http://sochoc.blogspot.com/2008/06/couples-suffering-from-infertility-can.html

• Email This
• Print
• Comments
• Trackbacks

The Parents Via Egg Donation Organization has posted a very informative and comprehensive blog about what to look for when searching for the perfect egg donor agency. All of the questions that they give Intended Parents to ask when looking for egg donor agencies are exactly what you need to ask to ensure that you do not pick the wrong agency for you because after all each egg donor agency is not just there to help you create your family; they are most of all a service provider. Therefore, you need to be completely informed prior to choosing an agency. PVED recommends that you ask the following questions before you choose any agency:

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

If you are thinking about becoming an Egg Donor you should do plenty of research before you dive headfirst into the process. Yet, not all information available to you on the internet is the best information or even the correct information; and when you are thinking about doing any medical procedure, you need to make sure that you are fully informed about what happens and the risks of these procedures. Below are some sites with great information that can help you with your research. Also make sure that you speak with both your attorney and your physician and have them explain all of the risks and procedures associated with Egg Donation.

http://www.asrm.org/Patients/topics/eggdonation.html - ASRM

http://www.ericksonlaw.net/egg_donation.html - Erickson Law

• Email This
• Print
• Comments
• Trackbacks

            The process for selecting an egg donor can be a life-changing and confusing decision. As with any decision it is up to the parent to decide. First the couple must accept the fact that that they are going to love, honor, and cherish this child regardless of eye color, hair color, height, or other physical characteristics.

Second, as stressed in the link to the article that choosing an egg donor is deciding what you want from an egg donor. Whether you would rather have a donor that you know (family member, friend, coworker, or a person selected to meet face to face), a semi-known donor (just first names and state where they reside), or an anonymous donor (one you choose with the help of an agency or clinic). Which type of egg donor do you think makes the best one? Then comes the harder part of what you characteristics/features you would like in an egg donor. Certain intended parents look for intelligence through school grades, SAT scores, and other similar means. Other parents emphasize looks whether to be the prettiest or to the one, who resembles the mother most closely, while another group might go for the most athletically or musically inclined. This decision is unique to the parents in finding someone that might fit into their family. Which trait would you most admire in an egg donor? What kind of egg donor would you look for? What are your thoughts? www.erickonlaw.net

http://tpvedo.blogspot.com/2008/05/how-to-select-egg-donor.html

• Email This
• Print
• Comments
• Trackbacks

Privacy in our society is a fleeting thing. What about privacy of sperm donors? Due to children’s right and health issues, the country’s sperm banks are considering a registry for sperm donors. This registry would allow offspring of the sperm donor to know of inherited health risks. Is it right to take away the privacy of sperm donors in order to allow children to know their health risks? Is it right for sperm donors to remain anonymous?

Another risk with the registry is the sperm donors it might drive away. With more paperwork and with a greater chance of people learning their identities, the process of donating sperm becomes more of a nuisance. With the chance of turning away sperm donors, is it worth it to have the registry? Are the sperm donors who do not want to go through the process, not worth the risk? What are your thoughts? www.erickonlaw.net

http://www.newser.com/story/28378.html?rss=y

• Email This
• Print
• Comments
• Trackbacks

http://www.wesleyjsmith.com/blog/2008/06/dangers-of-egg-donation-being-on-supply.html

In the above mentioned article, the writer barrages his audience with a single, and very sad, story of one of the rare dangers of Egg Donation. Yet, he spins these rare dangers to make it appear that every single Egg Donor is facing the same fate. Yes, there are dangers in Egg Donation, as there are in any invasive procedure, but these are risks that are minimal and each and every Egg Donor is informed of in their legal agreements and from their physicians. And yes, sometimes things go wrong in any medical procedure, as they did for the young woman in the above article; however who’s to say that her tumor wouldn’t have eventually grown and ruptured at a slightly later date causing the exact same scenario?  Egg Donation is something that helps infertile couples achieve their dreams of becoming parents, and it is not about creating the most genetically perfect child as the article of the above article implies.  However, with all scientific and medical procedures that are relatively new there will continuously be criticism and controversy surrounding it. What are your thoughts? www.ericksonlaw.net

• Email This
• Print
• Comments
• Trackbacks

The maliciousness of child custody cases becomes clearer to society when a lesbian couple breaks up. When a mother and father separate, the mother in her quest to keep the father out of her child’s life is seen as normal, since he probably deserved it. However, when one lesbian partner tries to take away the child, even using anti-gay laws to get their way, the truth of unkindness is shown. Is this fair that is heterosexual male partners are given less influence in child custody cases than a lesbian woman partner? 

 

In a recent Ohio case, a lesbian couple who had split was playing this truth out. The biological mother of the child, through artificial insemination, argued that since Ohio's had a ban on same-sex marriage, the custody agreement was unconstitutional. This argument failed at the Franklin County Court of Appeals, but is expected to be appealed to the state’s Supreme Court. The judges from the Ohio court acknowledged that a marriage under Ohio law may only be entered into by one man and one woman, but they also said a more relevant section of state law gives the juvenile court jurisdiction over the custody of a child. Should this custody agreement be unconstitutional? Are the anti-gay marriage laws moot when other laws overrule their practicality? What are your thoughts? 

 

 

http://www.columbusdispatch.com/live/content/local_news/stories/2008/06/17/gaymom.html?sid=101

http://blogwonks.com/2008/06/18/court-rules-against-vindictive-mother-in-lesbian-custody-case/ 

• Email This
• Print
• Comments
• Trackbacks

Recently, there have been numerous articles in the press regarding Egg Donor anonymity and the dangers associated with Egg Donation. Many of these articles state that since Egg Donors are anonymous, for the most part, that a child born with the help of one of these anonymous donors and who ends up with an inherited disease is out of luck and treatment options. However, this is not truly the case, but simply the press’ way of attempting to create media frenzy. In reality, many Egg Donation agreements have complete clauses regarding further contact between the Intended Parents and the Egg Donor for medical reasons.

Another self-created frenzy by the press is how young women who become Egg Donors go into the process without knowing exactly how dangerous it can be. Well, don’t you think that this is infantilizing these women? Even though, as with any invasive medical procedure, Egg Donation does have risks, which are explained in detail to Egg Donors not only by their physicians, but also by their attorneys. Thus, I wonder who is doing the research for these articles and where their statistics are coming from. What do you think?

www.ericksonlaw.net

• Email This
• Print
• Comments
• Trackbacks

By Patricia Wen | The Boston Globe MEDFIELD, Mass. - Cara Birrittieri is set to have a talk with her 3-year-old daughter soon, something that has been on her mind since Victoria was just a fetal ultrasound image.

"Part of me wishes I didn't have to tell her," Birrittieri said. "The love is so intense for this kid -- I mean, she is mine."

Yet in the months to come, Birrittieri plans to explicitly tell Victoria the way in which she also is part of another woman, a graduate student in her 20s who donated the egg that helped create the preschooler.  This particular version of a child's origins is so complicated, and sometimes so painful, that some parents never try to explain it.

"It's easier not to tell," said Birrittieri, a 48-year-old former television health reporter. "Most women go through hell with infertility, and this was their last chance. Rather than grieve the loss of the child they didn't have, they make this child that child."

44% don't plan to tell

Research shows that as many as 44 percent of parents who used egg donors have no plans to tell their children the truth about their origins, a figure that surprises psychologists and fertility specialists who had expected a higher rate of disclosure at a time when openness is encouraged about such matters.

"The technology is so far ahead of the psychology," said Alice Domar, a psychologist and director of the Mind-Body Center for Women's Health at Boston IVF, the state's biggest fertility clinic.

Therapists surprised

Therapists say they know these talks with children are never easy, and must be done slowly in age-appropriate ways, but they had assumed parents using egg donation would want to be open, embracing the latest psychological wisdom as easily as the newest technologies.

The most current thinking about disclosure comes from vast research done on adoption and sperm donation, two of the most common options used to address infertility. Researchers found children kept in the dark about their origins often felt betrayed when they later learned the truth, and more so, if they discovered accidentally through a relative or family friend.

Also, given the mounting evidence about the powerful role of genetics in health, many psychologists say children have a right to know their medical history.

Still, even as psychologists advise openness, many parents who used the latest in egg-donation technology have no plans to tell their children, citing the complexity of the narrative, a desire to protect the child from being seen as a "science fiction" curiosity, or a belief that it remains a deeply private family issue.

Some mothers who gave birth and nursed the child are reluctant to tell their child anything that diminishes their role as the mother.

A 2005 study of 148 couples who used a West Coast infertility clinic for egg donation found that 27 percent had already told their children; 53 percent had not yet disclosed but said they would at some point in the future; 12 percent did not plan to tell; and 8 percent remained undecided.

A 2004 study of British parents who used egg donors found that 56 percent planned to tell their children, while 44 percent had decided against telling or were undecided. Researchers say there is a shortage of reliable data because many parents using egg donation decline to participate in studies.

A 52-year-old former Waltham resident said he and his wife have no plans to tell their 7-year-old son that he was conceived with his father's sperm and a donor egg, largely because they don't want to upset him with a hard-to-understand story.

No second mother

The father, who asked that his name not be used to protect his family's privacy, also said his wife does not want to introduce the image of a potential second mother.

"She wants to keep the status," he said. "She's worried that talking about the egg donation will change her status."

Explaining egg donation to a child is not easy. In talking to Victoria, for instance, Birrittieri will have to explain that her womb nourished another woman's egg, which had been fertilized with Birrittieri's husband's sperm.

Additionally, she will have to explain to Victoria that her 8-year-old brother has a simpler story: He is the product of both of his parents' genes.

Birrittieri, who has written a book about a woman's biological clock, couldn't conceive a second time.

Other factors may also discourage disclosure, including religious considerations. The Catholic Church, for instance, opposes high-tech fertility procedures, including egg donation.

Several fertility organizations are trying to coax prospective parents into confronting the issue earlier in their child-raising years.

Advice available

Two years ago, the Society for Assisted Reproductive Technology put out an ethics paper encouraging parents using egg donors to tell their children. In the last five years, nearly a dozen books have been published helping parents to explain egg donation to their children, or to better understand their own post-birth emotions.

Last summer, Resolve of the Bay State, a fertility group, held a seminar, "Talking with Children about Their Origins," for prospective parents, and similar events are planned, said Rebecca Lubens, head of the group.

A 51-year-old Cambridge woman, who gave birth to twins through egg donation, has used a Dr. Seuss book, called "Horton Hatches the Egg," to explain their entry into the world. When asked how they came to be, she tells her twins, "Mom had a helper."

March 12, 2008

• Email This
• Print
• Comments
• Trackbacks

Unlike Canadian bill, the Italian law will effectively restrict many morally offensive practices

ROME, February 12, 2004 (LifeSiteNews.com) - Italian IVF legislation has passed the second to last stage before being signed into law by the president. The bill, which has been working its way through the Italian legislative process since June 2002, has pleased pro-life opponents of artificial pro-creation with its restrictions.

The law will prohibit pre-implantation eugenic screening of embryos, and the freezing, cloning of or experimentation on human embryos. While it does not go far enough in putting a complete stop to in vitro fertilization, it limits the harm by restricting the practice which, up to now, has remained completely unregulated in Italy, as it has in most countries. Unlike the Canadian proposed legislation, it appears that the Italian law will effectively restrict many morally offensive practices.

The legislation was approved by the Italian Senate in December 2003 and was at that time criticized by the Vatican for allowing in vitro fertilization to continue. Bishop Elio Sgreccia, vice president of the Pontifical Academy for Life, said that the law "does not reflect Catholic morality," Bishop Sgreccia, however, conceded that it could be praised for its real restrictions on the some of the more morally and socially dangerous practices like embryo freezing and the use of "donor" sperm and oocytes.

The law will impose fines of $363,000 to $726,000 for using donors, and 10- to 20-year jail terms and fines up to $1.21 million for doctors who try to clone humans. The bill was passed in the Chamber of Deputies late Tuesday 277-222, with three deputies abstaining.

Thus far, no detailed analysis of the Italian legislation is available to see if it suffers from the same type of flaws in wording and definitions that have rendered useless many other bills purporting to ban human cloning. The Canadian legislation, (formerly Bill C-13) also claims to ban cloning but upon close examination was found to be completely toothless because of errors in definitions. The bills claiming to prohibit cloning in the US, such as the Weldon-Brownback bill, also suffer from the same deficiencies in language, as do many in Europe.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

What do you think? - good article:

By Paul McLeod

Published on November 13, 2007

When Kirsten — whose name has been changed to protect her privacy — was in college in the early part of this decade, she began hearing discussion about and seeing advertisements offering $20,000 or more to young women who would donate their eggs to infertile couples. Though she passed on the opportunity at the time, she later found herself living in Southern California, with all the expense that entails. "I was job hunting and kept coming across egg donation ads — Craigslist, the paper, magazines," she says. She finally decided that the money — $5,500, plus all expenses paid — was too good to pass up.

Remainder of article: http://www.docshop.com/2007/11/13/miracle-or-madness-the-light-and-dark-sides-of-donating-eggs-for-money/

• Email This
• Print
• Comments
• Trackbacks

As I was reading my monthly Wired magazine, which I truly enjoy for its information, I can across the following article:

http://www.wired.com/culture/culturereviews/magazine/16-02/su_infertility_treatments

It really shocked me, as it was a very negative piece.  I know that the author may have had some bad experiences, but I do not like the fact that they "kind of" gave medical advice stating that it is better to use Clomid than do an IVF cycle - they did not address the fact that is not an option for everyone.  Plus, they stated that it rarely works - boy, I am shocked as that is not my professional and personal experience.  What do you think?

• Email This
• Print
• Comments
• Trackbacks

Families considering using an egg or sperm donor should carefully consider the following:

Article continues as follows: http://www.latimes.com/news/printedition/california/la-me-eggsqanda8dec08,1,2279200.story?coll=la-headlines-pe-california

• Email This
• Print
• Comments
• Trackbacks

Alot has been written about recently about the plight of a California couple whose daughter suffers from Tay Sachs.  Our prayers go out to both of them, and we would like to start a dialogue on this site to further discuss what everyone thinks. 

Article is as follows:

Troubled by the health history and backgrounds of some anonymous egg and sperm donors, leaders in the fertility industry have said in recent weeks that they would create a national registry to track donors and birth outcomes.

In response to a Dec. 9 article in The Times about a child born with a terminal genetic disease, representatives from the Society for Assisted Reproductive Technology, a fertility industry organization, said they intend to record the histories of donors and surrogate mothers to help prevent such tragedies.

Click here for more of the article: http://www.latimes.com/news/local/la-me-eggs3jan03,1,2138448.story?coll=la-headlines-california&ctrack=1&cset=true

Additional Articles: http://www.choiceusa.org/blog/?p=384

http://www.allheadlinenews.com/articles/7009603496

• Email This
• Print
• Comments
• Trackbacks

By Mary Ellen McLaughlin

If egg donors weren’t compensated, the whole business of assisted reproductive technology would be a shadow of where it is today. “No one would [donate eggs] for free,” one donor told a writer with MSNBC. “Maybe for your sister, but not for a stranger.”

Reminder of Article: http://conceptionconnections.wordpress.com/2008/01/09/compensation-for-egg-donors/

• Email This
• Print
• Comments
• Trackbacks

This article is helpful in answering some of the basic questions about egg donation.  Have a look at: 

http://www.abcnews.go.com/WN/story?id=4134371&page=1

 

• Email This
• Print
• Comments
• Trackbacks

Fertility doctors have denied that human eggs were mishandled

By TERI SFORZA

The Orange County Register

Prominent fertility doctors nationwide have engaged in the unauthorized and illegal sharing of human eggs for more than a decade, according to a federal lawsuit filed on behalf of a defunct local firm and its egg donors.

The suit, filed earlier this month in U.S. District Court in Northern California, accuses the fertility industry of trying to cover up "a major medical ethics scandal" and seeks at least $5 million on behalf of Options National Fertility Registry and its donors.

It names the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology and 102 doctors as defendants.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks