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

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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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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