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

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. 

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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. 

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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. 

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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?"
 

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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?

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In order to keep everyone posted on the situation on the ground in Georgia, Resolve has updated us with the following information, as the Georgia legislature has yet to update their site.

"UPDATE!  The Special Subcommittee formed last week to provide time to study SB 169 met this morning at 9:30 a.m. for 30 minutes.  A new version of SB 169 was introduced.  The new version was voted on by the full HHS Committee at 10:30 a.m. this morning and the bill passed by a vote of 7-6.  The revised SB 169 bill will now go to the Rules Committee where further changes may be made, then to the full Senate for a vote, perhaps as early as Wednesday.  The revised SB 169 bill has not been posted online but RESOLVE will post a link to the revised bill as soon as possible. "

Ladies and Gentleman of Georgia, we need to continue contacting the legislature in the State of Georgia to let them know this needs to be stopped for the sake of families everywhere.

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Georgia – Update from this week’s legislation n Georgia. SB169 has already been addressed at the subcommittee level, and they have made some decisions, although not certain what they are at this time. In fact, this went through much quicker through subcommittee than others had suspected – which is why I told everyone yesterday that the “best defense is a good offense.” Now is definitely not the time to sit back and wait. 

The legislature is also hearing bill HB388 today, which effectively would to change the definition of "child" to include a human embryo. 

As for SB 204, it is expected to be heard next week, which effectively would make embryo donation follow the same rules as adoption. 

Missouri – Rep. Dr. Rob Schaaf, a Republican, has proposed state legislation intended to prevent any woman undergoing IVF there from following the “Octomom’s” example. His bill, HB810, if passed would limit the number of embryos a physician can implant into a woman as delineated in the guidelines via the ASRM guidelines. Of course, this bill will then subject doctors in the state to discipline by the Missouri Board of Registration if the rule is violated. The legislation does not prevent physicians from recommending that women can seek fertility treatment outside of the state. ASRM supports this bill.

New York – A New York Appeals Court has denied a couple the right to their son’s sperm in order to have a grandchild with the help of a surrogate mother. The son left sperm samples back in 1997, but ordered them destroyed if he died since his intent was to father a child if he survived his cancer, which he did not. A judge stated that state law bars the use of stored semen by a surrogate without certain blood tests, which can no longer be done.

UK – According to the Human Fertilisation and Embryology authority, a single woman can name “almost anyone” as a second parent after IVF, man or woman, so long as they agree. This new Act goes into effect on April 6 and the only restrictions will be naming a blood relative or lack of consent by the person. This Act nows opens the doors to lesbians both being named on the birth certificate, which is a big step. Sperm donors cannot be named unless they consent.

Korea – The South District Court in South Korea rejected a lawsuit about the egg donation procedures used in the cloning research of disgraced former Seoul National University researcher Woo Suk Hwang. Two women who had donated eggs through the University brought he lawsuit against the Korean government, MizMedi Hospital and Hangyang University Hospital. The government’s case again Hwang continues.

Ireland – The Supreme Court rejected a woman’s request for the right to make additional submissions in a appeal to determine the fate of three frozen embryos between her and her estranged husband. This woman contentions involve the issue that an embryo is an “unborn.”   The case itself between the couple remains open. 

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Well, I hate to say it but the Octomom did it again.  Georgia legislators have now moved to do the following:

"One bill would limit the number of eggs that could be fertilized to three, and only that number could be implanted in the woman. The other bill creates a legal mechanism for the adoption of embryos."  In fact, this situation would place an unwanted burden on those wishing to go through embryo donation, including court proceedings, home studies, etc. 

Sen. Ralph Hudgens, R-Hull, introduced Senate Bill 169 to prevent a situation in Georgia in which an unemployed woman gives birth to eight babies."

Both bills are being proposed in order to ring in the excessed of the fertility industry; however, others think it is a way to restrict abortions. 

Embryo Bills Looks at Legal Limitations

Information that I just received is that it has passed Committee, and it is on its way to the Senate, where it is expected to pass.

I am including information from Resolve below for more ways to get involved!

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