Egg Donation = Prostitution? Are You Kidding Me?

Wow, I love when people give me something to talk about.  And, this story is certainly one of them.  I understand and acknowlegde arguments made by some against egg donation because of exploitation and medical risks, but this is truly a new one. 

At a conference in the UK, Dr. Naomi Pfeffer, who researches controversial developments in medicine, told the Motherhood in the 21st Century Conference at the University College London that “The exchange relationship is analogous to that of a client and a prostitute. It’s a unique situation because it’s the only instance in which a woman exploits another woman’s body.”

Honestly, I do believe that her intentions were good as she was merely warning that increasing numbers of “vulnerable women in developed countries” were being exploited by Westerners who were desperate to conceive.  I do understand issue as stated above, and I do think that something needs to be done on that front; however, charges of prostitution by the women desperately wanting a child???  I guess it got people to listen.

She continued by stating that “Most of these women are in developing economies where access to healthcare is limited by their ability to pay. They are often vulnerable women and it’s a very unequal economic relationship.

“These women are being encouraged to take real risks with their health through ovarian stimulation and egg retrieval. It commodifies women’s bodies and treats their reproductive capacities as a service.”

Unfortunately, Pfeffer also stated that British parents should face up to the consequences of their actions. “They should know that they are using vulnerable women. These women who are buying eggs have to appreciate that the eggs don’t appear from a stork or from under a gooseberry bush.”  However, we cannot forget that many British doctors refer patients abroad if they do not want to join the NHS's three-year waiting list for donor eggs.  That is clearly a long time for any woman. 

The likely answer in all of this is not to punish the women who desperately want a child, as they too are vulnerable.  Instead, changes within the British government, as well as these other countries such as Spain, Romania, the Czech Republic, and Ukraine, need to take place to ensure that everyone is protected.

Again, just my two cents.

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Woman Implanted with Wrong Embryo & Carrying Baby to Term for Couple

A woman in Ohio was implanted with the wrong embryo eight months ago, and she and her husband decided to keep the pregnancy, despite the fact that they know that they will be saying "hello and goodbye" at the same time to the child that is not theirs. 

According to the couple, when they received the call from the doctor telling them that they were pregnant, the doctor also told them in the same sentence that it was the wrong embryo.  The doctor gave them the option to abort; however, they could not go against their religious beliefs.  I find this couple to be an honorable couple, and I hope that their journey ends well.  It appears that they intend to use their remaining embryos in a gestational carrier very soon, as the woman can no longer carry. 

A very sad story, and we hope them, as well as the child and his family, the best.  As for the IVF doctor and clinic, it was honorable that they informed the couple right away unlike Dr. Katz in California, who has since lost his license and who did not inform the woman until the child was 10 months old.  Unfortunately, providing the information right away still does not take away the damage that was done.

I am not sure what to say on this one.  I think this couple is incredible, but what an experience.  What do you think?

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Botched IVF Procedure at Clinic Finally Settles & Yet Another is Filed

In a bad case that just gets worse, the Laurel Fertility Clinic has settled their case with a woman who was accidentally implanted with another couple's embryos for $1 million dollars, according the the National Law Journal

In fact, this woman's law firm has now turned around and sued on behalf of a couple whose embryos were destroyed after being fertilized with another man's sperm and not her husband's.  This suit is now the fourth against a fertilitu clinic that attorney, Nancy Hersh, has filed in recent years. 

"The overarching problem," she said, "is a lack of regulation. All these mistakes appear to happen in the laboratory."

What are your thoughts?

Friday Legal Updates - Florida Personhood, UK Update, Wisconsin Surrogacy Insurance, & Croatia

Wow, can you believe that summer is officially over already?  I can't because of the blistering heat here in Southern California; however, another Friday is upon us with some legal updates for your thoughts and comments.

Florida - Last November, Colorado pro-life groups placed a ballot measure before the voters in order to extend "personhood" to the moment of conception.  This amendment was rejected by 73% of the voters in Colorado; however, the groups have now set their sites on Florida.  The new amendment would define even a newly formed embryo as a person.  The implications of this becoming law is an issue those suffering from infertility and living in Florida need to consider. 

Wisconsin - Two women have filed a case in Wisconsin where their insurers have denied them maternity coverage due to the fact that they were surrogates.  This issue is now before the State Supreme Court, so we will have to wait and see how this one ends and if it will have implications elsewhere. 

UK - Women whose embryos were to be destroyed in the next few weeks have been given an extension.  With the new HFEA of 2008, which comes into force on October 1, everyone with embryos in storage will be able to keep them there for a decade versus the previous law of 5 years.  "These new rules will come into effect on October 1 and I will be seeking to make an Order to Parliament to ensure this applies to embryos that are 'out of time' on that date."

Professor Lisa Jardine, chair of the Human Fertilisation and Embryology Authority (HFEA), said: "I am delighted that the Government has listened and made this common-sense decision.

"This will be an enormous relief to all of those people who faced the heartbreak of seeing their embryos destroyed all because of a matter of timing. We will be contacting clinics immediately so that they can inform the patients concerned and make appropriate arrangements for the continued storage of their embryos."

Croatia - The government moved Thursday to amend a law involving IVF after strong criticism from human rights and parents groups over its criteria for couples entitled to treatment. 

"Under the amendments forwarded to parliament, couples will now only have to sign a notarised statement confirming they are in a relationship rather than have to prove before a court they have been together for three years, Health Minister Darko Milinovic told a cabinet session.

Also as part of the changes, children conceived by donated eggs or sperm will now be allowed to obtain information about his or her biological parents once turning 18 only if donors have given their prior agreement.

However provisions in the law which ban the freezing of embryos will not be altered.

Croatia's original legislation on medically assisted reproduction dates back to 1978, when the world's first test-tube baby was born. The former Yugoslav republic had its first IVF baby five years later."

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Dessert & Learn: A Touch of Sweetness - Innovative Program Educates Hopeful Parents on Third Party Reproduction

SAN DIEGO, Sept. 10 /PRNewswire/ -- The American Fertility Association's Dessert & Learn, a free program designed to educate individuals and couples about their family-building options in a fun and relaxed setting, is coming to La Jolla, California September 21st. Those who attend Dessert & Learn La Jolla will engage in a conversation with Theresa Erickson, Esq., of Erickson Law, about third party reproduction options like egg donation, sperm donation, and surrogacy. To make the event inviting, Cups Organic Bakery will be on hand serving up a buffet of complimentary organic cupcakes and The AFA will be serving the Fertilitini(TM), the wildly popular all-organic, non-alcoholic cocktail. To make the evening even more relaxing, it's being held poolside at Ranch La Jolla, with magnificent views overlooking the Pacific Ocean.

"I felt that the Dessert & Learn series would be a great opportunity for me to connect with couples and individuals who desperately want a family but were afraid to ask the questions that they absolutely need to ask and to pose those questions that they absolutely have to ask," says Erickson. "In an intimate setting such as this, everyone can be in a relaxed environment that provides great food and great learning!"

Dessert & Learn La Jolla really benefits two different populations: the gay and lesbian population and those who are experiencing infertility issues and need a donor or surrogate to build their families.

"Family-building can be stressful. If you're experiencing infertility or simply require third party reproduction because you're gay, we don't want people's lives to stop when they are trying to have a baby and build a family," says Corey Whelan, The AFA's Program Director. Whelan went on to say, "We've created soft spaces for people to learn in. Life is hard enough. Our job is to make the journey kinder as well as informative.

This is Dessert & Learn's premiere event. 7.3 million American women face some form of infertility and men aren't far behind. While infertility prevention is extremely important, there are also steps that can and should be taken by those experiencing infertility and options that should be explored, like third party reproduction.

"Dessert & Learn is part of The AFA's Education Outreach Series, which takes education to people in uncommon but relaxing settings, whether poolside in La Jolla, at an intimate space in a restaurant, or in a manicure parlor," says Ken Mosesian, Executive Director of The AFA. "We knew we had hit on something big when our first Manicures & Martinis Infertility Prevention event was the cover story in Newsweek and our second event hit national network news on CNN American Morning. Like that event, Dessert & Learn La Jolla will also help us take a huge leap forward in normalizing the conversation about fertility, this time with an emphasis on third party reproduction."

The American Fertility Association, a 501(c)(3) national non-profit organization, is a lifetime resource for infertility prevention, reproductive health and family-building. AFA services and materials are provided free of charge to consumers and available to everyone without reservation. These services include an extensive online library, monthly online chats, telephone and in-person coaching, a resource directory, hosted message boards, daily fertility news and a toll-free support line.

http://www.theafa.org or  888.917.3777 

UCI Egg Stealing Case Appears to Have Finally Settled

According to the California Bar Journal, the case of Beasley v. Regents of the University of California has been settled for $4,230,000.00.   It states that the doctors at UCI Center for Reproductive Health were found to have engaged in the misappropriation and nonconsensual transfer of donor eggs, several of which resulted in live births.  The original case was initiated in 1995.  Look to the Orange County Courts website for case #JCCP 3213 for additional information on the actual case. 

Also, don't forget about our upcoming egg donation and surrogacy conference in San Diego on September 23, 2009

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FRIDAY LEGAL UPDATES - Criminals & Adoption, Battle over Surrogacy, & California Same Sex Bill Passes

TGIF!   I hope that those who are celebrating Labor Day this long weekend have a great time - I know I will. 

New York - A history of crime and drug addiction spanning two decades should not bar a man from being able to adopt, so says a New York judge who credited the man's attempt to turn his life around.  This ruling will allow this man and his wife to be placed on the adoption list.  His last conviction was 1995, and he claims to be clean and sober since 2000 when he was released from prison.  Many think it was a good decision - what about you?  I know what Bill O'Reilly would say. 

California - Legislation authored by Senator Mark Leno that resolves ambiguities about how out-of-state same-sex marriages will be recognized in California passed the Assembly today with a 44-27 vote.

Senate Bill 54 bill clarifies that same-sex couples who married outside of California before Proposition 8 went into effect last year are recognized as married spouses, not unlike the 18,000 same-sex marriages performed in California. The legislation also confirms that same-sex couples who married outside California after Prop 8 went into effect on November 5, 2008, or plan to do so in the future, must receive the same rights, protections, benefits, obligations and responsibilities afforded to opposite-sex spouses, with the sole exception of the designation of "marriage."

Australia -  Couples dealing with infertility in Melbourne and the state of Victoria, Australia, will now require that all couples wanting to go through IVF first have a background police check.   Should the background check find any convictions for serious sex or violent crimes, past incidents of having children taken out of their care, or any other crime that is considered a potential risk to children – IVF should be forbidden to the couple.

As stated in the article, I also agree that someone with serious sex or violent crime in their past shouldn’t be raising kids; however, are they going to force everyone else in Victoria to use birth control? And only allow people to have children if they pass background checks?  Unlikely!

This law is unfairly targeting couples with infertility. It’s discrimination, and I too think it’s blatantly wrong.

Prague -    The Justice Ministry is seeking changes to legislation which would affect the legal rights of surrogate and biological mothers.

Under current Czech law, biological mothers are not guaranteed parental rights to a child born to a surrogate. The surrogate mother could gain custody rights to the child she carries and delivers.

The Justice Ministry wants to change this part of the law. "I've been thinking about changing the law since May. In the course of my career, I've met a number of clients interested in the issue," Minister for Justice Daniela Kovářová told Aktuálně.cz.

The Czech legal system permits surrogate motherhood but has no law dealing specifically with the issue.

BelgiumA Belgian couple who commissioned a surrogate mother to carry a baby for them are to appeal against a Dutch ruling awarding custody of the child to a Dutch family who bought her over the internet.

The girl’s biological father had sought a surrogate mother because his own wife was infertile. Baby Donna was born in 2005 using his sperm. However instead of handing over the baby as agreed, the surrogate mother said she had miscarried and sold the baby to a Dutch couple in Leusden.

Since then, baby Donna has been the subject of a string of court cases in Belgium and the Netherlands. Last year, a court in Arnhem gave the man the right to visit his biological child but turned down his demand that the child be returned to him.

The Belgian couple, who live in Antwerp, have always regarded themselves as the child's real parents. They call her Valentina.

Don't forget that Surrogacy Lawyer, Theresa M. Erickson, is conducting an online seminar about Surrogacy and Egg Donation to air on September 23, 2009

For additional information on The Surrogacy & Egg Donation Seminar please contact Sabrina Scialpi at 858-748-4133 or visit
www.ericksonlaw.net/surrogacy_egg_donation_seminar.html

Surrogacy and Egg Donation Online Seminar Hosted by California Surrogacy Lawyer Theresa Erickson

Surrogacy Lawyer, Theresa M. Erickson, is conducting an online seminar about Surrogacy and Egg Donation to air on September 23, 2009. “We realized there is a need for information on the process of Surrogacy and Egg Donation.  We also realize that with the current state of the economy, people just don’t have the funds or time it takes to travel to a conference, with that in mind we are holding an online seminar that anyone with a computer can attend,” states Theresa M. Erickson, Surrogacy Lawyer, CEO and founder of Conceptual Options

This Surrogacy & Egg Donation Seminar is aimed at informing and educating those suffering from infertility on the possibilities that exist for family building.  The topics to be discussed include explaining the process of third party assisted reproduction, as well as helping alleviate the uncertainty of the journey, such as medical insurance issues, obtaining birth certificates and passports, citizenship issues, and taking your baby home.  Attendees will also receive a “goodie bag”  for attending via mail after the seminar.

“During these times of uncertainty and with the recent media coverage of surrogacy and egg donation, we are certain that these informational seminars will help dispel some of the miss-information that is being dispensed by the uninformed.  Assisted reproduction is a safe, legal and effective way for those who are unable to build their family through traditional methods,” states Surrogacy Lawyer Erickson.

We have combined our drawing for a Free Egg Donation Cycle with our recent conference in Genève, Switzerland.  One lucky seminar attendee from these two events will be awarded a Free Egg Donation Cycle, which can also be used in conjunction with someone using a surrogate.  “Dr. David Smotrich and La Jolla IVF have generously given their services for this Free Egg Donation cycle, while Conceptual Options is providing the egg donor and cycle coordination.  The surrogacy and egg donation law firms of Myers & O’Hara and Erickson Law will be providing free legal representation for the egg donation cycle and Egg Donation Lawyer Theresa M. Erickson will be sponsoring all of the donor medications,” states Ms. Erickson. 

The keynote speaker at this seminar will be Surrogacy lawyer Theresa M. Erickson.  Ms Erickson is a globally recognized expert in this specialized area of law. Attorney Erickson is also involved in this community by volunteering her time for as a board member of the American Fertility Association and as the legal director of Parents Via Egg Donation, while sponsoring events that promote awareness in this field.  She is also the author of Assisted Reproduction, the Complete Guide to Having a Baby with the Help of a Third Party. Her next book is currently being finalized for publication.

For additional information on The Surrogacy & Egg Donation Seminar please contact Sabrina Scialpi at 858-748-4133 or visit
www.ericksonlaw.net/surrogacy_egg_donation_seminar.html

Gay Surrogacy Advocates are Encouraged by Passage of Vermont Same Sex Marriage Law Passage

As some of you may be aware, Vermont began to issue marriage licenses to same sex couples just last night after a vote made back in April began taking effect at exactly midnight a little over four months after state lawmakers voted to override Gov. Jim Douglas' veto of the legislation. 

Vermont became the fourth state to allow gay marriages on April 7, when the state House and state Senate voted 100-49 and 23-5, respectively, to override a veto by the governor.

This is good news for gay marriage advocates who want all families, including those created through gay surrogacy, to be recognized legally across the country for the sake of their children, as well as the couples themselves.   

In fact, Couples and gay advocates will be marking the day with celebrations, one of which is a wedding reception in Essex that will benefit the Vermont People with AIDS Coalition and other groups.

Should this trend continue across the US?  And, what about California where Prop 8 was passed back in November ruling same sex marriages invalid? 

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Friday Legal Updates - Surrogacy Legal Battles, Federal Suit Blocking Embryos Research, & Sperm "Brokers"

Good Morning and TGIF to all!   Hope you are well.   Morning radio show starts in about an hour, so here are your Friday Legal Updates.  They are mostly international stories with a federal law suit just filed also added.  Enjoy!

United States - Federal Law Suit Filed to block federally funded human embryo reserach.  "A group of plaintiffs filed a federal lawsuit today in the U.S. District Court for the District of Columbia to "enjoin and overturn the controversial guidelines for public funding of embryonic stem cell research that the National Institutes of Health issued on July 7, 2009," according to a press statement...."

It will be interesting to watch this suit play out.  What are your thoughts on stem cell research?

UK - Two directors of a fertility company appeared in court yesterday accused of illegally delivering sperm to women by courier.  They are to appear in court next month.  This is a test case under the Human Fertilisation and Embryology Act of "procuring sperm".  They face two years in jail. 

Australia - A couple must battle the courts to adopt their own son.  I blogged on this case already, but I wanted to repost as I really feel for this couple.  Grandma carried her grandson for her daughter.  Apparently, surrogacy law in NSW has not kept up with science. 

Poland - A surrogate mother is fighting for custody of the child that she gave birth to for another couple from Warsaw.  Polish law does not regulate surrogacy, and despite a written agreement, this looks like a battle for this couple with their gestational carrier.

Uruguay - Uruguay is one step closer to becoming the first country in Latin America to permit same-sex couples to adopt children.  Uruguay had authorized same-sex civil unions last year.

New Zealand - Parents of surrogate born daughter battle to bring her home from Thailand.  The couple is heartbroken as the little girl is the daughter of the Thai surrogate in New Zealand, but the couple are her parents in Thailand.  The couple claims to sought legal advice, but this unfortunately looks like another issue with fertility tourism in certain countries.

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