Friday Legal Updates - Embryo Mix-Up, California Update, & Lawsuit over Donation to Stem Cell

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

CaliforniaA 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."
 

FRIDAY LEGAL UPDATES - Criminals & Adoption, Battle over Surrogacy, & CA Same Sex Bill Passes

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.

BelgiumA 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

The Debate on Justice Sotomayor is About to Come to a Vote - How Does This Affect Us?

Hello, I am finally back after a long trip away in Europe. And, just in time since it appears the vote on Sotomayor will happen today.  I wanted to reiterate my previous post regarding how she may or may not vote in this area of Assisted ReproductionSee previous post here.  

In addition, since the California case involving Prop 8 may also come before her as a justice, her views will be very important to those this would affect.  On the other hand, it is clear from the news that the Department of Justice is trying very hard to get this out of the federal court system.  We will have to see where this goes in the coming months. 

Subscribe to my blog here.  

 

 

California Legislator to Introduce Bill to Establish Stricter Standards on Fertility Clinics

State Senator Gloria Negrete McLeod (D-Chino) intends to introduce a measure that will establish accredidation standards and guidelines for the operation of fertility clinics.  The intent is to better protect the public because of the increasing number of surgical procedures being performed outside of the walls of a hospital.  The measure would essentially bring fertility clinics under the jurisdiction of the Medical Board of California requiring the establishment of standardized procedures and protocols to be followed in the event of complications and to govern emergency and urgent care situations.

This bill will also affect other clinics, such as plastic surgery centers.  This bill also recommends some additional requirements including disclosure; however, this just appears to be the first of many regulations to come after the wake of the octuplets. 

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

 

California Legislator to Introduce Bill to Establish Stricter Standards on Fertility Clinics

State Senator Gloria Negrete McLeod (D-Chino) intends to introduce a measure that will establish accredidation standards and guidelines for the operation of fertility clinics.  The intent is to better protect the public because of the increasing number of surgical procedures being performed outside of the walls of a hospital.  The measure would essentially bring fertility clinics under the jurisdiction of the Medical Board of California requiring the establishment of standardized procedures and protocols to be followed in the event of complications and to govern emergency and urgent care situations.

This bill will also affect other clinics, such as plastic surgery centers.  This bill also recommends some additional requirements including disclosure; however, this just appears to be the first of many regulations to come after the wake of the octuplets. 

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