FRIDAY LEGAL UPATES - Wisconsin Adoption, Georgia Right to Life Group, Missouri Donor Legislation, North Dakota Egg Legislation, Hawaii Civil Union, Indian Surrogacy Update, Australian Twins & ESHRE

Posted on February 20, 2009 by Theresa Erickson

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
 
 

 

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