Doctor Comments on Profit Motive for Sperm Banks

There was an interesting article in the Washington Times on Friday, whereby the physician quoted blames the profit motive behind sperm donation (and the resulting passage of inheritable diseases) for the damage that has been done to these families.  He believes that the recently reported case of the sperm donor who helped create 24 children, nine of whom became sick with an inherited heart condition, is a cry (scream) for reform. 

While I do agree with about 50% of his arguments, we must remember that reform will be good if it allows people (couples and individuals) to make their own choices when it comes to reproductive freedom. 

Another point to make is that even with blood and other tissues, there is some profit even in a non-profit organization - salaries are paid, as are bonuses - just look at the American Red Cross. 

Secondly, I do believe that their should be some additional controls and guidance over gamete donors, as well as a way to track how many donations are occurring and the number of resulting births.  This is also where follow ups are needed - if there is a profit being made, the least that can be done is some form of tracking.  Genetic counseling is also admirable, but again it is based on the donor's knowledge of their own history, as well as their family's history. 

Finally, although I do not agree with the complete loss of anonymity, I do think that an open identity option is preferable.  In fact, out of 100 egg donors, I see only one out of the 100 that is not open to being contacted for medical reasons and when and if the child would like to meet them in the future.  I think that this is an honorable compromise that will make the parties work together, as well as protect the child in the future.  What are your thoughts?

Children of Sperm and Egg Donation

There seems to be quite a bit of an uproar over the case involving the woman of sick twin daughters, who were conceived via sperm donation.   Some are saying that she signed on the dotted line, and some are saying that the clinic is obligated to provide her the information on the donor.  What do you think?  I think that the system regarding donations needs to be overhauled but via the clinics and agencies, not via the legislatures where the real issues are often misunderstood.  In fact, Sean Tipton of the ASRM stated it quite well as folllows: he states that he "believes the donor debate is best left between adults - not courts and legislatures."

“Most states have established a clear path for sperm donors to relinquish their parental rights and obligations,” Tipton said. “Agreements entered into need to be honored unless all parties agree to change the terms.”

I agree with that perspective, but these children and the parents of these children may need contact in the future, which I why I am a big advocate of this information being stored.  My office does it for a 21 year period in a very efficient and safe way, and it is time that others do the same.  Ultimately, we cannot force these donors to comply, but it should be an option. 

What are your thoughts?

Friday Legal Update - Exclusive: Experts Respond to Octo-Mom's Sperm Donor Confession

Today's Friday Legal Update involves an interesting article regarding the Octo-Mom.  Not only does is discuss my opinion, as well as the opinion of theASRM featuring Sean Tipton, but it truly highlights the need for legal representation and the proper consents that need to be in line between yourself, the donor and your physician.  I think that the story of the Octo-Mom is teaching us again courtesy of RadarOnline....how ironic!  Let me know your thoughts.

"In an exclusive video with RadarOnline.com, Nadya Suleman revealed that she never asked her sperm donor for permission to use their frozen embryos-embryos that would eventually become her octuplets. While all of the Octomom's 14 children share the same bio-dad, Nadya exclusively told RadarOnline.com on Wednesday evening that she "begged" the man to help her conceive her first six kids. When it came to the octuplets, she said, "I went behind his back and used them all. He didn't want me to. I feel so much guilt for that.

"RadarOnline.com asked experts whether Suleman's decision was ethical-or legal. Sean B. Tipton, the director of public relations for the American Society of Reproductive Medicine, explained that men typically sign away most of their rights when they donate sperm. "They almost always relinquish all control over the process," he said. "It's very important that donors understand that they're relinquishing those rights."

Suleman's most recent pregnancy clearly violated other ASRM guidelines, though. The group holds that women under 35 should not be implanted with more than two embryos at once. Nadya was 33 when she was willingly implanted with eight embryos. "We've had guidelines on embryo transfer for years, and we keep ratcheting those down," Tipton said. "Multiple births are dangerous for the mother and the babies."

So could Suleman's donor take legal action against the Octomom? "It's a really sticky situation," attorney Theresa Erickson, founder of the California Family Planning Law Firm, told RadarOnline.com. "It's unlawful for anyone to use sperm, eggs, or embryos for any purpose beyond those on a consent form." If there was no written agreement between Suleman and the donor-or if the agreement included a timetable for the use of the sperm or restricted the freezing of embryos-he could have a case.

"If she asked for more [sperm] later, and another consent form wasn't signed, it's a gray area," Erickson added. "And if she lied to him or manipulated him, that might be a problem." The Octomom has said that her donor "would lose everything" if he came forward. Because of this, Erickson says that we'll likely never know whether she violated the law "unless the medical board investigates or she sues [the doctor] for malpractice. But I doubt that, because she got the eight babies she wanted." (Photo: WENN)"

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FRIDAY LEGAL UPDATES - Georgia, Quebec, UK & Missouri

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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