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

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.

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

In fact, the article noted as follows:

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

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

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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.

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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!!

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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 Reproduction.  See 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.  

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Today we are in a unique moment in US history where the future of healthcare reform is being discussed in the halls of Congress. Together we need to make sure that the leaders of this discussion hear firsthand what those touched by infertility need in our healthcare system. There's never been a time in RESOLVE's 35 year history where we need you more than we do today. Grab your spouse, partner, best-friend or mom and join us June 25 in Washington D.C. Stand up and be heard.

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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."

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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."

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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

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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

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The American Fertility Association ("AFA") has a great new promotional campaign aimed at getting young women to take note of their biological clock.  And, Newsweek has noticed! Remember, ladies, our clocks are ticking! 

"Once upon a time, a woman's ovaries were her own private affair. Aspiring mothers struggling with fertility issues whispered to their doctors about their travails, took drugs to stimulate their follicles and crossed their fingers. Today, aging eggs and donor sperm are the topic of open conversation on blogs, on Oprah and in movies like "Baby Mama" (storyline: a 37-year-old businesswoman hires a surrogate after being told her chance of getting pregnant is just about nil). Even politicians are in the fertility limelight. Sarah Palin's baby, Trig, was born when she was 44. And the newly appointed New York senator, Kirsten Gillibrand, cast a vote in Congress the day before giving birth to son Henry at age 41 last May.

And yet, despite the outing of the female reproductive system, many young women still don't fully understand the facts about age as a risk factor for infertility. Their Ob-Gyns don't always tell them. And 40-plus Hollywood mothers (some of whom are presumably using donor eggs to get pregnant) and cases like Palin and Gillibrand reassure them. So this week, the American Fertility Association (AFA) is launching "Manicures & Martinis" at the Dashing Diva Nail Salon in Manhattan, the first in a series of one-hour conversationsabout reproductive health. The event, targeted at women in their 20s and 30s who want to have children someday but aren't ready now, features a leading fertility expert, who'll talk about the reality of the biological clock and other risk factors for infertility. Yes, there'll be martinis—an offering criticized by some health advocates as irresponsible— but there will also be an organic alcohol-free "fertilitini."

Click Here for the Complete Article

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

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Fertile Hope has announced their new blog today.  This is important information for everyone.  Check their site out at http://cancerfertility.blogspot.com.   Read it for yourself or for those you love. 

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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I just found this great site for anyone that is looking to get pregnant - www.fertilitrack.com.  It is free, and it helps you Take Charge of Your Fertility!

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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Today's post comes courtesy of Angie Best-Boss of How To Make a Family: The Blog at http://howtomakeafamily.typepad.com.  Angie brought this following article from the NY Times to my attention via her blog, and I wanted to make certain that she got due credit.  It is a beautiful article that is both moving and inspirational.  Let me know what you think.

"IT was on Sept. 29, the day the first bailout failed, and I was on the train from Carroll Gardens to the financial district — an area I normally hit only for Century 21 — for drugs. Not recreational drugs, vestiges of my waning youth, but the outrageously expensive fertility medications not covered by my insurance. (Thank you, national health care system.) I was setting out for the law office of an extraordinarily charitable woman who no longer needed her drugs and whose far more beneficent insurance plan covered them. I had never met her and she was about to hand over a cooler of these medications in the lobby."

Click Here for the Complete Article

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While searching the internet, I found the following resources that I think may be of help to many.

http://stirrup-queens.blogspot.com

http://baby-wanted-apply-within.blogspot.com

http://hopeforbaby.blogspot.com

http://www.conceiveonline.com

Happy Reading!

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

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I thought that this is an interesting article for any woman who may be concerned about her fibroid treatment and her fertility.

NEW YORK (Reuters Health) - For young women with fibroids -- benign tumors inside the uterus that can lead to pain, abnormal bleeding and other symptoms -- a treatment called uterine artery embolization (UAE) does not harm fertility, according to results of a study conducted in Spain. 

Click Here for Complete Article

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

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Today (December 8^th) it was announced that Theresa M. Erickson would be joining the prestigious faculty at Solo Practice University. Theresa will be bringing her expertise in Assisted Reproduction and Family Formation law to her students and other faculty alike.

Click Here for More Information

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 According to a new study, birth defects and ART may be linked.

"Epidemiologists at the Centers for Disease Control and Prevention believe there may be a connection between use of Assisted Reproductive Technologies (ART) and birth defects, specifically abnormalities in the heart wall, gastrointestinal disorders, and the presents of a cleft lip.

Assisted Reproductive Technologies are classified as anything involving the surgical removal of eggs from a woman’s uterus, the fertilization of the egg in the lab and the reimplantation in either the same or another woman."

But, note that they ended the information with the statement that more studies need to be done, especially on a larger population, as follows:

"They found that babies conceived with ART were twice as likely to be born with heart wall defects, more than twice as likely to be havea cleft lip, and over four times as likely to have gastrointestinal difficulties. However, it is not known if ART causes these defects to occur, if it has more to do with the woman’s infertility, or if its’ something else entirely.

Many say there is a need for more research with a larger sample of women who used ART to conceive."

Click Here for the Complete Article

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Who would have guessed that smoking was hazardous to more than just our health - but, also our fertility?  In the news today, we have learned the following:

"In research that might have implications for human reproduction, U.S. and Chinese scientists have found that cigarette smoke damages mouse eggs and embryos.

The study was designed to examine whether cigarette smoke causes oxidative stress, cell death and dysfunction, and the shortening of telomeres (DNA at the ends of chromosomes that protect them from degradation). Two groups of female mice were exposed to cigarette smoke or cigarette smoke condensate for four weeks and compared to a control group of mice...

The study was published in the November issue of the journal Fertility and Sterility.

'Here is even more evidence demonstrating the dreadful effects smoking has on reproductive tissues and function. While there are some data implying that the effects may not be permanent, every woman planning to become pregnant would be wise to quit smoking or, better yet, never start,' Dr. William Gibbons, president-elect of the American Society for Reproductive Medicine, said in a society news release."

Click Here for the Complete Article

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My office is sponsoring the grand prize of $100.00 for My Fertility Plan's 1^st Annual

International Infertility Haiku Contest.

Here are the rules:

"Why haiku? Anyone can do it. A haiku is a three line poem, made up of only 17 syllables. The first line has 5 syllables. The second line has 7 syllables

The third line has 5 syllables. That’s it. 

Your haiku must relate in some way to your family-building journey and it must follow the haiku-syllable rules. There are 2 categories – Serious and Silly. Just make sure you label which category your poem falls in (even if you think it’s obvious). If your entry relates to medication, it will also be considered for the medication-related haiku award.

It is free to enter – and you can enter as many times as you want. Each haiku must be in a separate e-mail. Please include your name and email as well. The contest is open to international entrants, but the entry must include an English translation."

Go to My Fertility Plan for more information.    And, get writing!

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A Free One-Hour Tele-Seminar
Thursday, October 23rd
9:00PM ET/ 8:00PM CT/ 7:00PM MT/ 6:00PM PT

Hosted by Michael Doyle, MD
Connecticut Fertility Associates

Click Here for Link

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Check in with Resolve.org for events and information regarding National Infertility Awareness Week!

A movement to raise awareness about the disease of infertility which affects 7.3 million Americans - www.resolve.org/takecharge

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Hello and good morning,

I just wanted to offer the opportunity for the following media request that was sent to me from HARO for Conceive Magazine.  Let me know if any of you follow through with this.   I think that it will likely be a great education piece. Theresa

Summary: Fertility Foul-ups - 2

Category: Healthcare

Name: Beth Howard

Email: bethrites@carolina.rr.com

Title: freelancer

Media Outlet/Publication: Conceive

Anonymous? No

Specific Geographic Region? No

Region:

Deadline: 5:00 PM EASTERN - September 10

Query:

"I previously queried for couples who had unwittingly made a mistake that was preventing them from getting pregnant, such as not understanding when the women was ovulating. Now I need to hear from couples whose doctor made a mistake that may have kept them from conceiving. Examples of this would be taking Clomid for months without a demonstrated reason, not conducting a semen analysis in the male partner, performing a test that is no longer considered beneficial, such as the post-coital test, etc.

Please email or call me--contact information below.

Many thanks,

Beth Howard

bethrites@carolina.rr.com

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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

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