Egg Donor & Surrogacy Consulting Blog : Egg Donation & Surrogacy Consulting : Conceptual Options : Theresa Erickson : Embryo Donation, In-Vitro Fertilization

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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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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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 

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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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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.

Belgium -  A 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

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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

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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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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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After reading an interesting commentary posted on MSNBC involving a gentleman that claims to have sold his kidney for $20,000.00 to another man in New York who had no chance of living without it, I started thinking about how this story may or may not be used against egg and sperm donation solely on the basis of compensation (this is not meant to address any issues regarding medical procedures, duress, the rights of donor conceived children, etc. in this post - we will address that at another time).

It appears that this gentleman and the New York man concocted a story to cover what was truly happening so that the doctors would proceed with the donation.  In fact, they claimed to be cousins and an intermediary was used.

Now, the paying for the donation of organs has been outlawed in the US for quite some time, while the UK has just set in place a new law banning of private organ transplants from dead donors to allay fears that prospective recipients can buy their way to the front of the line.

They even submitted a government-commissioned report that recommended that organs donated within the state-run National Health Service should stay within the public health system, even though very few Britons have private transplants.  In fact, the new rules will mainly stop overseas patients from coming to Britain and paying privately for a transplant. 

On the other hand, gamete donation for compensation has also been banned in several countries, such as Canada, for quite some time, but where do we draw line between what we can be compensated for and what not?  What about participating in a research program for a new drug or therapy?

Now, let’s get back to this gentleman from Israel, who believes that he has done something great and earned money along the way.  And, he does have two kidneys, doesn’t he?  (Personally, I would like to keep both of mine as a back-up, but that is just me.)  Does he have the right to sell something that he can function without? 

I did submit my vote in an online poll (I will not divulge my answer), and this is the current standing as of now:
 
1. Yes, absolutely. It's dangerous and unfair to go outside the approved system for organ donation – 20.3%.
2. No. I think people who need an organ should be able to pursue all options – 70.8%.
3. I don't know. It's a complex topic – 8.9%.

This topic, although dealing with organs versus gametes and the process in which they are obtained, is certainly going to continue to be debated; however, I want to know what you think?  Where do we draw the law on what can be compensated for and what cannot be compensated for?  And, why do we care?  I do not have the answer; I am just asking the questions.  Let me know what you think?

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You bet I do.....but, just when they involve educating those who are desperate and vulnerable and need some guidance. 

In conjunction with the American Fertility Association, I will be hosting a "Dessert & Learn."  Please join us in beautiful La Jolla, California.

See Corey's blog post here:

by Corey Whelan

Have you met her?  One of the most knowledgeable and compassionate attorneys in this field; plus she has the most astonishing savvy.  A true thoroughbred, inside and out.  I’m proud that Theresa sits on The AFA’s board of directors and am grateful for the wisdom she has brought to these blog pages. 

 The AFA is big on creating soft spaces for people to learn in.  Why shouldn’t life have some sweetness, even when you are struggling to create your family?  So when Theresa came to us and said she wanted to reach out to the people of La Jolla who are interested in third party reproduction, we knew we had to find the right place for folks to get to know her, and benefit from what she has to bring to the table, especially if that table features a dessert buffet.

Enter CUPS.  CUPS is a brand new, organic bakery that specializes in?  You guessed it.  Cupcakes.  Exotic, amazing, silly, frivolous, and organic baked creations, guaranteed to shift your reality from oy to yum.   

Perfect.

Except for one tiny detail.  CUPS is so new, they are not even open yet.  But Michelle, CUPS owner and an attorney in her own right, believes so strongly in The AFA’s mission that she is lending us her gracious and magnificent estate for this season’s premier Dessert & Learn event. 

So…..please join us poolside at Rancho La Jolla.  We will be having an intimate and relaxed chat with Theresa about ovum donation, surrogacy, and everything third party repro.      

I’ll save you a bite.

For more info on our upcoming Dessert & Learn, click here.

 For info on Erickson Law, click here.

For info on CUPS Organic Bakery, click here.

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Hello!   I am back after a two week hiatus on my Friday Legal Updates, but it is summer so the wheels of justice turn slowly, as does legislation.  Either way, here are today's updates for the last few weeks:

California - The California Legislature is getting back into the Prop 8 fight with a bill that would recognize those same-sex marriages performed legally outside of California before the measure had passed.  SB54 also intends to ensure that gay and lesbian couples who have been married legally in other states and countries since November 5th when Prop 8 became official can receive all the rights and obligations that opposite sex Californian couples enjoy.

Illinois - More couples are coming out of the woodwork regarding a surrogate who had scammed them into believing that she was pregnant with their baby.  Beware!

Ohio - A Republican lawmaker in Ohio is re-introducing a bill that would give a man the final choice on whether the woman he got pregnant can have an abortion.  I am so "impressed" that a man can force a woman to keep the baby, but the bill mentions nothing about forcing him to be a good father or provide financial stability. 

DC - A new DC law is making it alot easier for a newborn to have two moms at birth.  Lesbians who create a child via artificial insemination will no longer have to adopt their children that have been born to their partners.  A similar law is to go into effect in New Mexico in 2010.  This is a huge step for same sex couples, as they do not have to go through the time consuming and expensive legal process that is not required of heterosexual couples who use artificial insemination. 

Croatia - Croatia continues to tighten their laws on fertility treatments by forbiding the freezing of embryos.  It also limits the number of embryos used to three and for unmarried couples, they must prove that they have been together for at least three years. 

Romania - 30 Israelis were detained in an egg trafficking case.  It sounds like the issue is on its way to being resolved from more recent reports; however, I certainly hope that this is not an issue of human trafficking. 

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I have been pondering all of the recent media attention regarding acccess to IVF and age, remember the "World's Oldest Mom," and Michael Jackson's children created via IVF and surrogacy (and possibly egg donor and/or sperm donor).  Again, I am surprised by the number of people who want to restrict access to IVF, or more importantly access to having a family.  They want age limits, marital status limits, as well as sexual orientation limitations. 

Now, for those of us who have families, we may or may not have walked in the shoes of those that cannot have children on their own without the help of medical intervention or adoption.  But, I will tell you that I am not any more entitled to having my children than Michael Jackson or even Maria del Carmen Brousada.  Why, you may ask? Because having a family is something that is inate in all of us - albeit some stronger than others.  And, when I have stated in the past that it is a biological imperative, I do not mean the need to pass on genes - I mean the inate human desire deep in our DNA to have a family - to be a part of something bigger than ourselves. 

With that in mind, why should gays and lesbians be restricted to having children via IVF or adoption?  In fact, a study recently out of Tufts University School of Medicine stated that they found "overwhelming" that these children of same sex couples do as well as those children of heterosexual parents.   

Now, back to the age issue, do I think that this woman had a right to treatment?  Yes, I do; but, I also think that her age placed her and her children into harm’s way as far as their health during the pregnancy was concerned.  And, should are worry carry over into being concerned for their health and livelihood after her death?  Well, I did not know Maria, nor do I know if she provided for them financially after her death or if she provided them with guardians who will love and take care of them as if they were their own.   But, this is an issue again that all parents must deal with one way or another regardless of age - her risk factors were just higher. 

As for Michael Jackson, we are learning so much more about the life that he too created with these children whom he dearly loved and wanted to protect from the media spotlight.  Let's take out all of the allegations of child molestation for a minute and only address those children.  Should he have children because he wants them or because he can afford them?  Or, should he be able to have children so long as the allegations were not proven? 

Oh, and by the way, all of those pundits out there claiming he is not the father since he did not adopt them - you are way off base.  Adoptive and foster parents also do not need to worry since surrogacy, egg donation, and sperm donation is a different area of law, specifically here in California.  Whether he used sperm donors, egg donors and/or surrogates, he is the father of these children, with Debbie Rowe being the only possible outsider with a chance at custody.  And, despite reports she did not make Michael the adoptive father by signing away her rights - and no need for an adoption. 

Ultimately, as a country, we do need to take all of this into consideration, but we also need to allow doctors and their patients to make the best decisions for their family, their bodies, and, most of all - the children that we are creating. 

What are your thoughts on today's ponderings?

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Well, another week has come and gone, but for those of us who are Americans, next week is the 4th of July, which means family celebrations for most.  Today, I want to tell those who are still longing for a family of their own that there is hope.  Be patient, get educated, and hang in there. 

Now, onto the updates:

Iowa - Dead Iowan Father's Child - will his daughter receive survivor benefits.  In a case similar to the one that I addressed here in California last week on my blog, her mother is trying to fight for Social Security Survivor Benefits for Byrnn, now 6, conceived through IVF two years after her father died.  Again, this result is based on 150 year old Iowa law, as in the California and Arizona case, but her mother is challenging the decision - and she intends to take it all the way to the US Supreme Court. 

My take on this - make certain estate planning documents are in order for the future use of your genetic material, although it would not have made a difference in this particular case. 

Michigan - Michigan Lawmakers Prepare Bills to Monitor the activities surrounding the donation and destruction of embryos.  The one bill in particular is called the Embryo Research and Fertility Clinic Transparency Act (Senate Bills 647-652)

New York - Fertility Authority has received investments totalling $500,000.00. 

"7.3 Million Americans struggle with fertility issues and are looking for quality information and support that only www.fertilityauthority.com provides. The $4 Billion fertility industry is without a "go-to" source for accurate and up-to-the minute content. FertilityAuthority.com was launched on February 25, 2009 and has not looked back. CEO Gina Bartasi says, "Our goal has always been to provide the best fertility content on the web, and users are recognizing the quality of our site. Investors have witnessed our early success and want to be a part of our future growth."

The funds will be used to enhance the site's technology, boost revenue capabilities, generate additional content and continue to aggressively build traffic. Bartasi has not ruled out an institutional raise adding "Our clients are asking us for custom websites, online appointment booking software, expanded video content and additional technological innovation that will help their businesses grow. Our focus is to serve their needs and exceed their expectations". New clients that have already put their confidence in FertilityAuthority.com include several prominent regional fertility centers as well as specialty pharmaceutical firms Columbia Laboratories and Ferring Pharmaceuticals. "

United Kingdom - Why Am I Dark, Daddy?  Another IVF blunder in the UK haunts another family. 

"When ten-year-old Michael Williams climbs into his father Keith's arms for a goodnight cuddle, he will often ask the same dreaded question: 'Why am I brown?' Looking up into his father's blue eyes and taking in his light brown hair and fair skin, his son will then ask: 'How can I make myself lighter, like you?'

Keith doesn't know how to answer these questions, so he'll make a joke about how Michael was delivered by a stork or that he was found under a gooseberry bush. Anything to avoid having to tell him the truth.

For the reality is that not only was Michael conceived via IVF using donor sperm, but there was a terrible mix-up when the wrong sperm was mistakenly used by the hospital fertility clinic the couple attended in their hope of becoming parents. "

Canada - Canadian Donor Offspring has created an initiative in response to the lawsuit filed by Olivia Pratten back in October of 2008.  The site is an attempt to fundraise on her behalf, as well as others in her situation.  The site is located here.  What are your thoughts on this issue?

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I spent the evening last night finally spending some time reviewing some fertility blogs and websites.  I was actually surprised by some of the "promises" that were being made to egg donors in relation to their donation of their eggs to recipient parents.  In fact, some claim that the information is shredded once a donation is over and/or their information is not released to other agencies or clinics.  I am not really certain how that protects the privacy of the donors in all situations. 

I think it is important that those in this industry make certain that we advise egg donors that we cannot ever completely guarantee privacy and anonymity.  Yes, the clinics follow the HIPPA rules for the most part, and my office falls under attorney-client privilege rules; however, no one can absolutely be guarantee any privacy.

Why, you may ask?  Because when an egg donor fills out her profile, she wants to make certain that some of her accomplishments, etc. are highlighted.  By doing so, she makes herself searchable via Google or now Bing.   Even when a donor places limited information on her profile, the advent of Facebook, Twitter, My Space, and Google make it very hard for any of us to stay hidden for long. 

Well, with this in mind, what is my advice?  Just be prudent with your information and understand that you can be found - BUT, and this is a big BUT, is unlikely to happen in the near future.  Specifically, it is unlikely that the Intended Parents will try and locate you, although it is always a possibility. 

Now, what about the resulting child?  What if their parent shares the information with them as they get older to satisfy their curiosity or they find the profile in a safe?  Disclosure is becoming more common, as we all know in this industry, and donors need to be aware that this can occur. 

Should you as a donor be concerned?   Well, I can tell you from personal experience that it is not such a bad thing.  I was located, and I am fine with it, as the family did not expect anything from me, except that they were happy that I am there if there is a medical need.  No relationship beyond that, and I have no legal responsibility to these children.  But, as a donor, I do believe that I have a personal ethical responsibility to be available for information in the future.  I am not afraid of the choices that I made, even though I was not advised of this when I donated, although this was in the advent of this entire industry. 

In summary, the purpose of this article is not meant to scare away egg donors, as they are desperately needed by families who cannot have families without them; but as a donor, be aware, be prepared and go into this with your eyes wide open to the future.  Educate yourself and know what you are agreeing to while knowing the wonderful gift that you are providing a family. 

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Well, it is Friday again - TGIF to everyone.  Not alot on the legal front this week, despite the continuous chatter about the IVF blunders over in the UK, as I commented on this week in my blog entitled Embryo Mix-Up, Resulting Abortion, and Adequate Justice?.   But, I do not want to beat a dead horse, so today's singular topic is sperm donation.

California - The Ninth Circuit has determined that posthumous conception DOES NOT entitle one to survivor benefits.  In a case involving a 10 year old girl, her mother was trying to get Social Security Survivor Benefits for the girl who was conceived via sperm extracted from her just deceased husband in 1995.  

"The 9th Circuit Court of Appeals ruled Wednesday the child, Brandalynn Vernoff, was not dependent on her father at the time of his death. In California, dependency is determined by the parent-child relationship rather than the marital status of the parents, according to the decision."

Further, the article stated, "

James Raetz, one of Gabriela Vernoff’s attorneys, said California has a system set up to protect sperm bank donors, and this case is an unintended consequence of the law.

Bruce Vernoff’s sperm was removed after his death, and there was no evidence of plans for a birth after the father’s death, according to court documents.

“That’s the big distinction,” Raetz said. “The court really hung on that.”

However, Raetz said, the couple did have plans for a baby.

“No matter what, she’s a single mom trying to raise her daughter,” he said."

Interestingly, I did not in another blog on this issue, that in Arizona the result may have been different. 

"In California, dependency is determined by the parent-child relationship rather than the marital status of the parents, according to the decision."

"While her appeal was pending, the Ninth Circuit decided Gillett-Netting v. Barnhart, 371 F.3d 593 (9th Cir. 2004), which held that a set of posthumously-conceived twins were the deemed dependents of their biological father and entitled to survivor benefits.

The administration subsequently issued an “acquiescence ruling” to the decision, noting that in the Ninth Circuit a child must be biologically related to the insured and the insured's child under applicable state law to be a deemed dependent.

Writing for the appellate court yesterday, Senior Judge Cynthia Holcomb Hall explained that Gillett-Netting was based on Arizona state law, which recognizes "[e]very child [as] the legitimate child of its natural parents," but that California law does not equate natural parent status with biological parenthood."

"So, Gabriela tried to invoke "equal protection". After all, Bandalynn would have "rights" in Arizona she doesn't have in California, and other children in California get survivor benefits, but the court didn't go for it. "

What are your thoughts on this one?

Also, don't forget about registering for our conference - Erickson Law and Conceptual Options, a Center for Surrogacy & Egg Donation Announces European Conference on Surrogacy & Egg Donation  at http://www.surrogacy-eggdonation.com/geneve.convention.html

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I read this great blog post by Donor Concierge, and I was impressed by the woman's candor.  I wanted to share this with all of you as Gail has done and get your thoughts on the subject.  As I have also been a donor, I have no problems allowing the children to have contact with me in the future in order to discover who they.   I am not willing to have any relationship beyond that, but I am willing to share with them any information that may help them in their own journey through life.  What do you think?

"Egg Donation: Why I gave up my right to remain anonymous
By Laura Witjens, Chair of the National Gamete Donation Trust, egg donor and mother 08 June 2009

Following a change in the law that came into force on 1 April 2005, British people conceived using donated egg, sperm or embryos can ask for identifying information about the donor when they reach the age of 18. Here Laura Witjens, egg donor and mother of two, writes about why she elected to remove her anonymity and potentially become identifiable to any children born from her donation.

I'll never know what made me watch breakfast television that morning. Being a single working mother with two one-year olds, it was a luxury I could ill afford. But I did, and one of the items changed my life forever. The same day, I contacted a fertility clinic and told them I wanted to be an egg donor.

It was the year 2000 and discussions about the removal of anonymity from egg and sperm donors were only just taking place between patient groups and other fertility organisations. For me, at the time just a willing and partly-informed donor, the notion of being known to any resulting offspring wasn't even a blip on the radar. The counsellor who I saw at the clinic was satisfied I knew what I was doing and, other than the known medical ones, no other long-term implications were discussed. Some months later the deed was done: 13 healthy follicles were harvested and I left the clinic with the feeling I'd done something momentous. Just how momentous, I only found out years later.

Not satisfied with the information available, as well as certain parts of the process, I made another life changing step. I contacted the National Gamete Donation Trust (NGDT) and asked if I could volunteer. I became a Trustee and, motivated by the pending removal of anonymity and differences of opinion with other Trustees, I went on to become the Chair. It's a position I've held for the last six years and in this time I've taken part in many gamete donation discussions.

I firmly believe in leading by example, a philosophy I carry through to my work as a business woman and as Chair of the NGDT. So, with such an emotive subject, how could I lead an organisation without putting my money where my mouth was? If I truly believed in the identity of the donor being disclosed to the donor-conceived person, the legislation at the time of my donation shouldn't have been relevant to me. I knew that re-registering as a known donor with the Human Fertilisation and Embryology Authority (HFEA) might be futile, since the family created out of my donation would never realise that their donor was willing to be known. Still, it was a matter of principle for me, and one that required substantial soul searching.

I asked myself the many questions that many donors in my position might ask: Can I empathise so much with these people that I'm prepared to open my door, my life, my family at a time that suits them? At the same time, can I be distant enough and accept that whilst I am prepared to make important steps towards that person's wellbeing, I will never find out if indeed they are well? More importantly, how would my children deal with this? They had absolutely no say in my choice to become a donor, but it's known that many donor-conceived people are more curious about their half-siblings than their donor. In other words, it wouldn't be me they were after; they would want to meet my own 'flesh and blood' children.

Through the NGDT I had access to donor-conceived young adults, donor conception parents and various fertility professionals. But not surprisingly the act I was contemplating was, and to a large extent still is, uncharted territory. It seemed no one could help me find the answers I needed. As not just a donor but also heading the NGDT, I did not just want to accept it - I had to wholeheartedly support and embrace it.

My answers came through my children. By then my seven year old daughter and son were developing into individuals with their own quirks, traits and habits. I divorced their father when they were one and remarried when they were four. In other words, I have my own social experiment going on with twins fathered by one man, raised by another.

My children have taken on habits from both men. Unlike donor parents, however, I know where this comes from and can share that with them when appropriate. This may seem rather trivial from the outside, but I know from experience that it does matter to them.

I donated to help other people less fortunate than myself. I went through weeks of unpleasant injections and examinations, believing I was doing the right thing. 'Doing the right thing' has been my drive through all of this: being a donor, leading the NGDT, raising awareness. And now doing the right thing means giving the children I helped to conceive access to information about me.

I have since re-registered and am happy to make myself available to the child born out of my donation. If I can help to give them understanding about themselves I will gladly help. It may seem like a little thing, but I know from experience it could mean the world to them."

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San Diego & Los Angeles, CA June 10, 2009 – Erickson Law, a boutique law firm specializing exclusively in third party reproduction, and The Surrogacy & Egg Donation Center at Conceptual Options, LLC announces their European Surrogacy & Egg Donation Conference to be held in Genève, Switzerland July 29-31, 2009.  “We realized there is a need in the European community for information on the process of Third Party Assisted Reproduction in the United States, which is why we are holding this conference to raise awareness throughout Europe.” states Theresa M. Erickson, Surrogacy Lawyer, CEO and founder of Conceptual Options. 

“A substantial portion of our clients are located outside of the United States and with the recent events in the fertility world, we felt that an information seminar to explain this process was in order.” states Surrogacy Lawyer Erickson.  

The Surrogacy & Egg Donation Conference is aimed at informing the European community on the possibilities that exist in the United States 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.

The keynote speaker at this conference 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 Resolve and AFA, while sponsoring events that promote awareness outside of 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.

“The first step is to get your own thoughts in order,” states Michel Tournay the International Case Manager for Conceptual Options.  “If you are still unsure of how to proceed or where to look, ask questions, questions and more questions. We will show you what you need to build a team of professionals so you are not alone in your journey to building your family!” according to Tournay.

In fact, according to Tournay, “We understand your need for privacy and confidentiality, which is why this is a private informational conference.”   All information regarding attendees will be kept in the strictest of confidence to ensure you remain anonymous on all levels. 

For additional information on The European Conference on Surrogacy & Egg Donation please contact Michel Tournay at 001-858-748-4222 or visit our website.

About Conceptual Options, LLC & Surrogacy Lawyer Erickson

Conceptual Options was founded by Theresa M. Erickson, Esq. in 1999 and has been integral in all aspects of the fertility community and in helping build families through surrogacy, egg donation, embryo donation and sperm donation for couples and individuals across the United States and the World.  “All families are traditional; some just take alternative paths by using surrogacy, egg donation, embryo donation and sperm donation to become a family.”

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San Diego & Los Angeles, CA June 02, 2009 – The Surrogacy & Egg Donation Center at Conceptual Options, LLC announces their Third Party Assurance Program.  “We understand that the need for a child is not a want or a need, it is a biological imperative!” states Theresa M. Erickson, Attorney, CEO and founder of Conceptual Options.  “In these uncertain times, we need some assurance!  Our Surrogacy & Egg Donation Center has expanded our current Third Party Assurance Program to guarantee a positive outcome.” states Surrogacy Lawyer Erickson.   “With the recent increase of negative stories surrounding surrogacy and egg donation, one might be led to believe that there is a backlash brewing against family planning. That is exactly why it is important for those of us involved in this specialized field to continue finding new ways to guarantee our clients success!” says Attorney Erickson.

The Third Party Assurance Program allows Intended Parents the ability to minimize their risk associated with the high cost of Third Party Assisted Reproduction, while also taking advantages of our full time professional staff.  “One of the greatest benefits to our Third Party Assurance Program is the ability to tailor the program to your specific needs” states Tracy Armato the Program Director for Conceptual Options.  “There are four separate levels of assurance including the platinum level which gives you the assurance there will be no further center fees throughout your journey” Armato says.

Selecting a center to help guide you through the complicated process of Surrogacy & Egg Donation is an integral part of the process.  Selecting a center that is an industry leader is an imperative.  “Being an attorney owned center affords our clients with a sense of security and anonymity that is unmatched.  We understand that surrogacy & egg donation is a private matter and we take your confidentiality to the next level.” says Surrogacy Lawyer Erickson.

About Conceptual Options, LLC & Surrogacy Lawyer Erickson

Conceptual Options was founded by Theresa M. Erickson, Esq. in 1999 and has been integral in all aspects of the fertility community and in helping build families.  All families are Traditional, some just take un-traditional paths by using surrogacy, egg donation and sperm donation.

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Self-Regulation versus legislation - what is the answer?  What are your thoughts regarding the fertility industry?  Let us know.  

Here is the press release as follows:

"ORLANDO, FL, June 02, 2009 /24-7PressRelease/ -- Recently, in response to the negative press generated by the Octomom and Surrogenesis debacles, the Egg Donation and Surrogacy Professional Association members ("EDSPA") presented the organization's current status and future plans to a multi-disciplined group of internationally recognized assisted reproduction professionals. Among its many offerings, this non-profit organization provides safe practices guidelines to third party reproduction professionals.

The meeting attendees included representatives from the American Society of Reproductive Medicine, RESOLVE, the American Fertility Association, the American Bar Association, Egg Donor Agency owners, Surrogacy Agency owners in addition to attorneys who practices are limited to reproductive law.

The meeting also provided an opportunity for EDSPA to introduce its dispute resolution program for the infertile clients of third party reproduction professionals. This program, believed to be the only one of its kind in the infertility industry, will permit aggrieved clients to resolve disputes with their service providers in a non-litigious environment.

One of the meeting attendees, Maureen McBrien, a notable Boston family law attorney who authored Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science stated that "Right now, there is no regulation ... in general." Attorney McBrien offered her opinion that the best response might be for the industry to police itself. EDSPA could potentially act as a filter for agencies and be a place where intended parents, surrogates and egg donors could find security, she said.

About EDSPA

The Egg Donation and Surrogacy Professional Association accomplishes it's mission by providing a forum for education, communication and advocacy on behalf of patients, physicians, attorneys, agencies and affiliated professionals in the field of Third Party Family Formation."

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TGIF to all once again.  We have quite a few updates on the legal front as far as IVF and the related technologies are concerned - again, I blame the entire Octo-Mom mess.  Regardless, some of the bills have a great purpose, so I am not going to complain.  Today we are starting in California and ending in Croatia, so enjoy the trip!

California - Assemblymember Marty Block of San Diego has proposed AB1317, which will require that all advertisements for egg donation include a warning informing patients that there are potential health risks involved and advises consulting with one's own physician.  Here is the current status of the bill for review on the California Legislative Website.

Oklahoma - The state enacts sex-selection, cloning bans.  The governor has signed into law banning sex selection abortions and human cloning.    The bills were signed in law May 21.

Georgia - Georgia will officially become the first state with an embryo adoption law when the law takes effect July 1, 2009.  The "Option of Adoption Act"  - "Embryo adoption allows the adopting mother to experience pregnancy and has been promoted by pro-lifers for years but, until now, has not been governed by the laws of any state. Significantly, the Georgia bill amends Georgia's adoption laws to make clear that embryo adoption in fact is a form of adoption. The law also allows adoptive parents to file in court for a final order of adoption (for the child who is born as the result of the embryo adoption), which supporters of the new law say clarifies that the adopting parents are eligible for claiming some but not all of their expenses for the federal adoption tax credit, which this year is more than $11,000.

Although embryo adoption tends to be cheaper than traditional adoption it nevertheless can still cost several thousands of dollars. "

Israel - Haredi widow to become a surrogate mother.  For the first time in Israel, an ultra-Othodox woman will serve as a surrogate mother, after receiving authorization to do so from a rabbi.  "the woman was concerned of her neighbors' reactions should she become pregnant, and asked the Institute of Fertility and Medicine According to Halacha to arrange a halachic approval from a rabbi explaining her condition and guaranteeing she was not "promiscuous."

Croatia - Croatia moves to adopt long awaited IVF law.  "According to the draft law to be forwarded to parliament within the next 10 days, infertility treatment would be allowed for married women only, a term that Milinovic labelled as "conservative."

At the same time, the legislation contains "liberal" provisions allowing egg and sperm donations, the minister added.

Under the new law, a child conceived by a donated egg or sperm would be able to obtain information about his or her biological parents once turning 18.

Such a provision was already condemned by local parents organisation RODA, which warned it could discourage potential donors.

Croatia's current law 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.

A new bill had been in the offing since the late 1990s but never reached parliament.

Many believe this was due to strong opposition from the Roman Catholic Church which sparked a vivid public debate in 2005 when it condemned IVF as a "crime against human life."

Medical sources estimate between 2,000 and 3,000 Croatian women suffer from infertility and are potential candidates for IVF treatment."

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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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In an order signed Friday in the District Court for the Northern District of California, Judge Fogel granted the Defendants' Motion to Dismiss, but ruled that the plaintiff, the Options National Fertility Registry, could file another amended complaint within 20 days.. 

For more information on this case see Suit Over Alleged Egg-Sharing Tossed Once Again

"Options, a bankrupt international registry of data pertaining to egg donation arrangements, filed the suit in October 2007 on behalf of a group of donors whose eggs the defendants, two organizations that represent doctors and clinics, allegedly gave to unknown and unauthorized recipients via an industrywide practice known as “egg-sharing,” in violation of legally binding contracts.

The suit alleged that from 1992 through 2003, the defendants and Options had written and oral contracts by which the defendants agreed not to transfer, donate, sell, give or otherwise dispose of any eggs or embryos of the donors to anyone other than recipients specifically designated in profile transfer requests signed by doctors.

But from 1992 to the present, the defendants have breached those contracts by engaging in egg-sharing without obtaining the consent of the donors at least two weeks prior to egg retrieval, Options alleged.

Options claimed it did not learn of the practice until January 2005, when a doctor testified that infertility doctors were encouraged by the defendants to participate in egg-sharing, according to court documents.....

The donors also fear that their offspring may have increased risk of unknowingly engaging in incestuous relationships because of the defendants' actions, according to the complaint.

In addition to punitive damages and attorneys' fees and costs, the suit sought to enjoin the defendants from engaging in unauthorized egg-sharing.

After Judge Fogel dismissed the complaint in October, ruling that the court lacked subject matter jurisdiction, Options filed an amended complaint in January, alleging the same state law claims for breach of contract, fraud and others, as well as two federal claims for civil Racketeering Influenced and Corrupt Organizations Act and antitrust violations.

The amended complaint alleged racketeering because the defendants violated Options' and the donors' rights and property interests, as well as antitrust violations because Options was driven out of business as a result of the defendants' slanderous statements.

In dismissing the amended complaint, Judge Fogel concluded that the Options' claims under the federal statutes were “so devoid of factual support as to border on the frivolous.”

Although Judge Fogel said it was dubious that Options could allege a viable racketeering or antitrust claim in the case, he granted the plaintiff leave to amend the complaint yet again."

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I hate to beat up on a tired and worn horse, but I want to reiterate what I hear clients telling me all of the time - it should be their own personal decision on whether to pursue adoption in the first place or as a last resort.   My clients are tired of being judged and criticized when "there are so many children out there to be adopted."  Whether that is true or not, we cannot decide what is the best family building choice for anyone else.  And, we should not be judgmental.  Just be supportive. 

There are so many things to look at when making these decisions, such as cost (all of the options are actually about the same), timelines (how long do you have to wait), home study requirements, court procedures, age limitations, marital status requirements, and can the surrogate/birth mother change her mind in a surrogacy or adoption?   Each person has their own level of risk that they are willing to take.  What are your thoughts on this?  I would love to hear.

Listen to Creating a Family: Talk About Infertility and Adoption

Now, onto legal updates:

New England - Rhode Island seems to be the only hold out in the area of gay marriage.  We now have Vermont, Massachusetts, Connecticut, Maine and likely New Hampshire.  Fox News has their spin on RI's hold out.  What are your thoughts on this?

US - HR 697 Support the Family Building Act of 2009? - any thoughts on this particular piece of legislation? 

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Just wanted to give another great resource to those who are dealing with the issue of "Why Not Just Adopt."  Please listen to Dawn's radio blog post found here:

Listen to Creating a Family: Talk About Infertility and Adoption

Now, onto another issue that keeps coming up, which is called the "Surrogacy Racket."   Two articles were just posted today regarding the vulnerability of patients/clients and how they can be taken advantage of in so many ways.  My point is to be patient and educate yourself completely before you jump into any sort of journey, especially when it comes to creating your family - whether it be adoption, IVF, egg/sperm donation and/or surrogacy.

Here is a portion of one of the articles:

"It’s­ am­az­ing­l­y eas­y to­ fo­o­l­ infertil­e c­o­up­l­es­ - es­p­ec­ial­l­y tho­s­e w­ho­ are
d­esper­a­t­e , a­nd­ a­r­e clut­ch­ing a­t­ st­r­a­ws. A­n excellent­ exa­m­ple is wh­a­t­ so­m­e IV­F clinics in Ind­ia­ wh­o­ o­ffer­ sur­r­o­ga­cy d­o­.

Even­­ t­hough t­hese cl­i­n­­i­cs kn­­ow t­ha­t­ t­here i­s n­­o l­ega­l­ met­hod of­ a­l­l­owi­n­­g t­he coupl­e t­o t­a­ke t­he ba­by­ a­f­t­er bi­rt­h wi­t­h t­hem out­ of­ I­n­­di­a­ ( beca­use I­n­­di­a­n­­ l­a­w on­­l­y­ recogn­­i­ses t­he bi­rt­h mot­her, whose n­­a­me must­ go on­­ t­he chi­l­d’s bi­rt­h cert­i­f­i­ca­t­e, whi­ch i­s a­ l­ega­l­ documen­­t­), t­hey­ use t­he ga­rb of­ t­he ” I­CMR gui­del­i­n­­es” ( whi­ch ha­ve n­­o l­ega­l­ va­l­i­di­t­y­ wha­t­soever) t­o put­ t­he i­n­­t­en­­ded pa­ren­­t­’s ( t­he i­n­­f­ert­i­l­e coupl­e’s) n­­a­me on­­ t­he chi­l­d’s bi­rt­h cert­i­f­i­ca­t­e. Whi­l­e on­­e ma­y­ just­i­f­y­ doi­n­­g t­hi­s f­or va­ri­ous rea­son­­s, t­he f­a­ct­ rema­i­n­­s t­ha­t­ t­he t­rut­h i­s bei­n­­g di­st­ort­ed out­ of­ sha­pe - a­n­­d on­­ce y­ou a­re wi­l­l­i­n­­g t­o do t­hi­s, i­t­’s very­ ea­sy­ t­o con­­t­i­n­­ue t­he di­st­ort­i­on­­ even­­ f­urt­her. T­hi­s i­s why­ t­hese cl­i­n­­i­cs ref­use t­o a­l­l­ow t­he surroga­t­e t­o gi­ve i­n­­t­ervi­ews t­o t­he medi­a­ ."

But, remember, that this applies to surrogacy in any area - India, Ukraine, or even the United States.  Also, look at the Stirrup Queens Blog, which has a great post today on emotional fraud, which I think also applies. 

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I have been reading alot of blogging regarding this question of "why not just adopt?", inlcuding several articles in well-known magazines questioning why anyone would choose surrogacy, egg donation or IVF over adoption.  But, we all know that it is not that simple.  And, what I really want people to do is think before you ask such questions.  Take your own life experience and personalisms out of the equation - instead, spend a moment to "walk in their shoes."  Literally. 

I suggest that you read "So You're Infertile, Why Not Just Adopt?" by Dawn Davenport.  I also suggest STRONGLY that you also read all of the comments listed by her participants.  Very enlightening, and it may help you when you are speaking to others about your journey.

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Happy Friday to everyone.  We have alot of information for today's updates so let me know your thoughts and experiences.

North Carolina - This information was sent to me by a colleague in the field, and I felt that the information was essential to pass on for review and/or action. 

THIS BILL WILL BE HEARD IN THE HOUSE HEALTH COMMITTEE ON TUESDAY, MAY 6^TH AT 12 NOON.

I am writing to those individuals who I think might have an interest in the status of HB 510.  The sponsor of the bill graciously invited me to participate in a meeting regarding this bill with the judge and Institute of Govt. person who were instrumental in the drafting of this bill.

The intent of the drafters are to allow surrogacy agreements in NC which is a good thing.  However, they are taking the position that people should be grateful they are doing this and be willing to accept the limitations that are imposed by the bill.  In one sense, the bottom line is that this bill will help those who have the least problem getting pre-birth orders, i.e. married couples who use IVF and are genetically related to the child to be born.  Other individuals - such as unmarried couples and those who don’t know or can’t afford to follow the procedure - will probably not be able to get pre-birth orders.

MOST SIGNIFICANT ASPECT OF BILL: PARTIES TO AN AGREEMENT MUST GO TO COURT PRIOR TO EVEN PREGNANCY TO GET JUDICIAL APPROVAL OF THEIR AGREEMENT.  IF THEY DO NOT, THEY WILL NOT BE ABLE TO GET A PRE-BIRTH ORDER

OTHER ASPECTS OF BILL THAT MAY BE OF CONCERN:

1.            52D-1(1) - must do procedure through doctor - no self-insemination.

2.            52D-1(3) - surrogate must have already had a child.

3.            52D-1(6) - if married, both spouses must be Intended Parents.

4.      52D-2(d) - requires judicial preapproval of surrogacy agreement (SA) even before gestational carrier (GC) becomes pregnant.

5.       52D-5 - requires notice to court if agreement terminated before pregnancy and serve on all parties.

6.         52D-4(a) - requires hearing and testimony from each party.

7.         52D-4(a)(2) - requires all parties to consult with attorney.

8.         52D-8(a) - limits enforceable SA to only those done pre-pregnancy.

9.         52D-8(b)-= makes GC mother if agreement is not validated

10.       52D-8(c) - if no validated SA, IP is not legal parent but is held liable for child support to GC.

MAJOR POSITIVE ASPECT OF BILL: Will give court authority to enter order declaring a non-genetic intended parent as a legal parent who can go on the birth certificate.  Currently, it has been difficult, if not impossible, to get a court to enter a pre-birth order for a non-genetic parent (such as when embryo is created from anonymous egg donor and husband’s sperm).

I am not sure if in the end this bill will be helpful or limiting.  The bill certainly has a long way to go before it becomes law.  This memo is to provide you information so if any of you want to be involved with what happens to this bill, you will have the information you need.

You can get a copy of the bill at: http://www.ncleg.netwww.ncleg.net/Sessions/2009/Bills/House/PDF/H510v1.pdf.

Missouri - Life-Related Bills Linger in State

"A bill in the Missouri House, HB810, sponsored by Rep. Robert Schaaf, R-St. Joseph, would limit the number of embryos a physician can implant during an in vitro fertilization procedure. Limits would be based on the current number recommended by the American Society for Reproductive Medicine, which ranges from one to five, depending on a woman’s age.

As of Review press time, the House Healthcare Transformation committee had passed the bill, but it had not moved to the House floor.

Deacon Weber said the MCC opposes the bill, noting that if it is made into law, legislators are “giving the blessing of the state for doing this unethical procedure.” If passed, it would be the first law in the state that addresses the in vitro procedure, he added.

Several other Catholic leaders in the archdiocese said that the bill should serve as an opportunity for the Church to reiterate her teachings on creating human life by artificial means.  

Even if the number of implanted embryos is reduced according to American Society for Reproductive Medicine guidelines, in vitro fertilization and embryo transfer still constitutes “taking the creation of new life out context, which is supposed to be within the loving relationship of a husband and wife,” said Father Donald Henke, assistant professor of moral theology at Kenrick-Glennon Seminary. "

Nationwide - Taking a Stand for Ethical Donor Agencies 

"We understand that many of these young women looking into egg donation are motivated by the compensation, but that should never override good sense. Here are a few questions they should ask their agency upfront in the interests of ensuring informed consent.

• What are the health risks, specifically and statistically?
• How many donation cycles do you allow?
• What’s your level of experience, based on total donor cycles completed?
• Do you provide qualified legal representation for donors?
• Do you provide insurance in the event of medical complications?
• What does your donor screening process entail?
• Can I talk to your current and past egg donors?

As the fertility industry grows, it’s up to us to make sure we’re meeting the highest standards of practices and behaviors, and follow guidelines established by the American Society for Reproductive Medicine. ARR developed a code of ethics to help protect our donors, surrogates and intended parents through this process.   However, donors must remember that it’s their bodies and no one is as deeply vested in their health as they are."

International - Couples Turn to Overseas Support in Quest for Family

As I tend to be very risk adverse, I found this article to be a cautionary tale for everyone who wants to save costs while accepting more risk.

As the author states, "They need to think about the minefield of the current law before, not after they enter into what the judge described as their “entirely innocent voyage of discovery”

My final point is that the judge made it clear he could not imagine why a parental order would ever be refused by the Court in the interests of a child’s welfare. He thought the last real opportunity to consider the commerciality of the surrogacy arrangement, and grant or deny temporary leave for a child to enter the country, would be by the immigration authorities."

China - Crackdown on Surrogate Mother Industry

"Surrogate mothers are more in demand than ever in China, as wealthy infertile couples look to others to bear them babies. Officials have largely turned a blind eye to this underground womb-for-rent industry that defies the country's strict childbirth laws. But now, there are signs the authorities are starting to crack down by forcing some surrogate mothers to have abortions....

Underground networks of surrogacy agents, hospitals, and doctors have spread in recent years as infertile Chinese couples with money hire surrogates to produce babies for them. The surrogates are often confined to secret flats for most of their pregnancy to avoid detection, while fertility, obstetrics and childbirth procedures for the mothers are often carried out discreetly by medical staff at public hospitals and health clinics with links to agents. With around one in six couples in the US now estimated to be infertile and with similar rates in China, surrogacy agencies have been recruiting girls, often from poor villages, to have babies on behalf of prospective parents, in ever greater numbers"

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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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TGIF, everyone!  Well, not much on the legal front this week that is new news, but here are a few items that I think are newsworthy.  Have a great weekend!

New York - Governor Patterson of New York announced plans that he is set to introduce same-sex marriage legislation into the State Assembly. 

If the legislation passes, it would make New York the fifth state to legalize same sex-marriage. Similar measures have been approved by courts or lawmakers in Connecticut, Vermont, Massachusetts and Iowa.

"We hope to have this bill passed at the end of June, at the end of the legislative session," said Kellner. "No one wants to bring this to the floor to fail, it would be a huge disaster. We want to make sure that if we bring this to the floor for a vote that it passes."

Nationwide - What Happens to Embryos When a Marriage Dissolves? 

One of the principal legal issues of ART, at the moment, regards the disposition of embryos and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?

India - As I am continually being asked about surrogacy in India and I continue to hear of cases that are not working out as planned, I want to make certain that I provide those couples with the information that I have available.  I am not against surrogacy in India, I merely want to make certain that everyone makes their decision with their eyes wide open. 

Surrogacy & Child Rights

Right of Foreign Homosexuals to Have a Surrogate Child in India: An Analysis

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I just came across a great post on Conception Connections about ethics and egg donation agencies.  With all that is going on in the industry now, I appauld and I support what they have stated.  Please read the article and tell me what you think.  She states that the article leaves "the impression that all egg donor agencies are guilty of lax, if not unethical practices. It negates the very important role that many of us play." 

Robin also adds the following important points:

"As the fertility industry grows, it’s up to us to make sure we’re meeting the highest standards of practices and behaviors, and follow guidelines established by the American Society for Reproductive Medicine......However, donors must remember that it’s their bodies and no one is as deeply vested in their health as they are."

Bravo, Robin of ARR!

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Via Associated Press:

Adoption gives woman 'full and unassailable' parental rights, judge says

NEW YORK — A judge in New York City has granted the adoption petition of a woman whose egg was implanted in her domestic partner and resulted in the birth of a son.

Surrogate Court Judge Kristin Booth Glen says she is convinced that the woman, identified only as Mona A., is already the legal parent of the 15-month-old boy.

But in her ruling on Friday, April 10, the judge said the adoption will give Mona A. her “full and unassailable” parental rights.

The women, Mona A. and Ingrid A., got married in the Netherlands in 2004 after being together 11 years. The judge says that while the Netherlands marriage is recognized by New York state, the legal adoption will ensure Mona’s rights throughout the United States.

© Copyright by DallasVoice.com

http://www.dallasvoice.com/artman/publish/article_11085.php

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Can you believe that it is Friday already?  TGIF!  Some new developments on the legal landcape regarding IVF, adoption, sperm, equality, etc.  There is also a link to updates on Surrogenesis for those interested in keeping updated. 

Vermont – Vermont legalizes Gay marriage after voting to override the Governor’s veto, making it the first state to do so through legislation...

Indiana – The Indiana Supreme Court makes a controversial reversal…could your surrogacy borne child be next?

Texas – Mother says son would have wanted her to harvest his sperm…what are your thoughts?

United States – Sperm and the law…could your sperm bank be liable?

Tennessee – Following Equality Bills around the country.

Georgia – Embryo donation is already legal; this decision could make the adoption of these embryos also legal in the state.

Italy – Top court slightly relaxes their previously strict regulations on artificial procreation…not as relaxed as the media would have you believe.  

Surrogenesis Updates - http://www.eggdonor.com/blog/

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Wow, it has been almost two full weeks since I last blogged - to much time out of the office traveling, and I am jet lagged! 

However, with the bad news surrounding several agencies, including Surrogenesis, I wanted to provide everyone a link to the AFA's new Educational Modules.  Watch the video on How to Select a Surrogacy and Egg Donation Agency. 

Let me know what you think, and feel free to post comments. 

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With fertility tourism on the rise, as we all know, I like to keep you informed of perspectives that come across my desk so that you can decide how to proceed with your eyes wide open.  Specifically, how does one handle that there are no laws that regulate IVF and surrogacy in India?  Does that concern you?  Or, are you willing to overlook these issues to have a baby?  I would like to hear your thoughts on this author's perspective:

"There is no doubt that IVF technology represents one of modern medicine’s success stories. Using IVF , we can help couples who could never have a baby with any other technique to start their own family.

However, woe betide the patient who ends up in a bad IVF clinic ! For example , one of the IVF clinics in New Delhi is owned by a skin specialist. This doctor, who is not even a gynecologist , offers IVF treatment ! Not only are your chances of getting pregnant in a bad IVF clinic very low, you also run a major risk of losing a lot of time, money and energy. Not only do you pour your money down the drain, you also end up losing confidence in IVF technology, thus depriving yourself of your best chance of having a baby . And when you do find out afterwards that the IVF clinic you selected was a bad one, there is little you can do about it ! Blaming yourself or cursing the doctor afterwards does not help, which is why you need to be very careful when deciding which clinic in which to do your treatment ! Caveat emptor - and this is why it's very important that you do your homework carefully - you are making a major investment !"

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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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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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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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It appears that the Georgia legislature has "tabled" the legislation of Senate Bill 169 for now by sending it to a subcommittee for more research.  With research, it appears that they are going to have the legislation lay low until we don't notice.  Apparently, the backlash against the legislation was more than they can handle at this time -  (sarcasm intended)

As I said yesterday, this legislation is scary to say the least.  In fact, after a more thorough review of the bill today, I discovered that it was intended to also eliminate all forms of payment to gamete donors, which potentially can eliminate this option for many people.  

Furthermore, after reading an article by Laura Douglas-Brown, Editor for the Southern Voice, I found that it also limited ART to gay couples and individuals by throwing in a small piece as follows:

"The creation of an in vitro human embryo shall be solely for the purpose of initiating a human pregnancy by means of transfer to the uterus of a human female for the treatment of human infertility." [emphasis added]  Her article can be found at  Octomom' endangers lesbian, gay parents in Georgia.

So, essentially, the moral of today's story is that we need to keep on top of this issue before it restricts everyone's right to procreate.

Also, see the following article from Slate: Hijacking the octuplets backlash to restrict IVF

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State Senator Gloria Negrete McLeod (D-Chino) intends to introduce a measure that will establish accredidation standards and guidelines for the operation of fertility clinics.  The intent is to better protect the public because of the increasing number of surgical procedures being performed outside of the walls of a hospital.  The measure would essentially bring fertility clinics under the jurisdiction of the Medical Board of California requiring the establishment of standardized procedures and protocols to be followed in the event of complications and to govern emergency and urgent care situations.

This bill will also affect other clinics, such as plastic surgery centers.  This bill also recommends some additional requirements including disclosure; however, this just appears to be the first of many regulations to come after the wake of the octuplets. 

Click Here for Complete Article

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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Science Daily posted a great article today that is food for thought for all of us in this field, as well as those participants in third party reproduction, whether it is the sperm donor, the egg donor, the embryo donor, the parents or the children themselves. 

It appears that the research points to a positive end result, but judge for yourselves.

"The study in Europe's leading reproductive medicine journal Human Reproduction, found that parents set out to find their children's donor and other donor siblings through feelings of curiosity and a desire to enhance their children's sense of identity, and without expecting any very close contact. However, once they had identified the donor and their children's donor siblings, they not only found the experiences of contacting and meeting the donor siblings very positive, but in many cases formed close and continuing bonds."

The article continues, "One of these papers is an editorial commentary by Dr Pim Janssens, an associate editor of Human Reproduction. Writing about Dr Freeman's study, he says: 'Overall, these findings suggest that knowledge of donor sibling families is a good thing, and that disclosure of the donor identity makes sense, and need not be a problem. They also suggest that for many parents and children, having only information about donors is not satisfactory – real encounters are the ultimate desire. Unexpectedly these findings might also lead us to question the importance of a common family history for the creation of 'family feeling'. After all, none of the donor families calling their donor sibling relatives shared anything but genes. Nonetheless, many said they felt intuitively bonded.'

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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The octuplet "mess" will just not want to go away, especially now with a sperm donor claiming to be involved in the mix as shown on Good Morning America.

However, there were several articles over the last few days that I think will help everyone take a look at the real costs of multiples births, as well as how this one case may end up forcing the industry to take a good look at itself. 

The first one is through the New York Times, and it takes a hard look at the fertility industry.  They think that the octuplets' birth is a real wake up call:

"The American Society for Reproductive Medicine, the association of fertility doctors, even adopted guidelines in 2008 encouraging the transfer of only one embryo for women under 35, and no more than two, except in extraordinary circumstances. The guidelines allow more for older women, up to a maximum of five.

But unlike some other countries, the United States has no laws to enforce those guidelines. The Centers for Disease Control and Prevention has a surveillance system that collects data on fertility clinics, but reporting is voluntary and there are no government sanctions for not reporting.

As a result, experts say many doctors are still implanting too many embryos to increase the chance of pregnancy. Only 11 percent of in vitro procedures in the United States involve single embryos, according to 2006 data from the C.D.C."

Click Here for the Complete Article

Furthermore, in Newsweek, an article by Dr. Mark Evans talks about the other side of multiple births - selective reduction.  He states the following:

"When I first heard that a California woman had given birth to octuplets after undergoing in vitro fertilization, I couldn't believe it. As the details of Nadia Suleman's story emerged, it became only more incredible. As it turned out, a clinic transferred six embryos (two of which later split into identical twins) to Suleman, who had six children already, meaning she was extremely fertile. I have nothing against IVF. More than 2 million women worldwide have children because of it. But with the increase in fertility treatments, the U.S. birthrate of twins has more than doubled in the past 30 years. Overlooked in the happy news, though, are the troubling surges in neonatal deaths, developmental disabilities and other long-term problems.

For those reasons, doctors prefer to avoid multiple births. But with each cycle of IVF costing more than $10,000, there's enormous pressure to get patients pregnant—fast. Guidelines of the American Society of Reproductive Medicine and the Society of Assisted Reproductive Technologies say that in women under 35, usually only one or two embryos should be transferred to the uterus in any cycle. The U.S. average is 2.4. A third of such pregnancies result in twins, and 4.3 percent yield triplets or more. In women over 35, the overall pregnancy rate falls dramatically, and the proportion of multiples goes up."

He goes on to talk about the criticism that he receives regarding selective reduction as a solution in some cases:

"Of course, selective reduction can be an agonizing decision for a parent, but most of the couples who come to me have had a longstanding infertility problem. For them, selective reduction is just one more hurdle to deal with. But they are better able to cope when they know the facts: a woman with a quadruple pregnancy has about a 25 percent chance of losing all four babies, but she can decrease the loss rate to about 5 percent by reducing to twins. The risks of prematurity, cerebral palsy and genetic abnormalities (if tested) are all reduced, too.

Reduction will always be controversial. A woman has an abortion because she wants—for whatever reason—to not have a child. But women who have reductions are often desperate to have children. In high-risk situations, reduction may be the best way—sometimes the only way—for that to happen. I realize that in the minds of pro-lifers, this reasoning is flawed. But if performing this procedure means that couples who have suffered years of anguish can have their own healthy children, I'll take all the criticism I get."

Click Here for Complete Article
 

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

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Well, welcome to our Friday Legal Updates (TGIF). We have quite a bit of news out there from this week, so enjoy each one, and please comment to your heart’s desire.

Wisconsin – Woman Charged with Unauthorized Adoption. A Missouri woman faces a felony child abduction charge in Wisconsin where she's accused of buying a baby from a couple for $6,000.   There was a criminal complaint filed Thursday stating that 36-year-old Denise Novotny of Clinton, MO, received the infant shortly after she was born at Aurora Medical Center in Hartford in December 2004. The complaint also alleges that Novotny had the couple sign a surrogate birth contract to disguise the crime.   This sounds like adoptions being disguised as a surrogacy is a trend for circumventing the laws of adoption. We need to be wary of this and be on alert for this situation in our own practices.

Click Here for Complete Article

Georgia – The Georgia Right to Life Introduces Legislation to Protect the Mother and Child. Georgia Right to Life today announced the filing of the Ethical Treatment of Human Embryos act in the Georgia Senate SB-169. Their argument is that the recent birth of the octuplets to the woman in Southern California demands government oversight of the fertility industry, according to this group. 

“This industry is one of the most lucrative medical fields and among the least regulated. In response to this need, Georgia State Senator Ralph Hudgens along with other co-sponsors in the Senate leadership have introduced legislation that will place limits on the creation and transfer of embryos produced by In vitro fertilization (IVF).

‘This bill is written to help reduce the attendant harm that could come to the mother and her children through the creation and implantation of more embryos than is medically recommended by industry watchdog groups like the Society for Assisted Reproductive Technology’ says Daniel Becker, President of Georgia Right to Life.

‘This bill would limit the number of embryos transferred in any given cycle to the same number that are fertilized, up to a maximum of three. This bill is similar to the same common-sense regulations passed in other countries such as the United Kingdom, Germany and Italy’ said Becker.

Georgia is the first state in the nation to file this legislation. However, in Britain they have similar legislation, passed in 2004, that protects the embryo and the mother from these harmful practices.

Click Here for Complete Article

The language of the bill-SB 169

North Dakota – North Dakota House Gives Fertilized Egg Full Rights. News just out of North Dakota - we have a bill pending that intends to give a fertilized human egg the legal rights of a human being.  It appears that the intention is to put a complete ban on abortion in that state.  However, based on the field that I am in, I am concerned what it will do to the infertile couple/person with embryos frozen in that state.  What are your thoughts after reading below?

“BISMARCK, N.D. — A measure approved by the North Dakota House gives a fertilized human egg the legal rights of a human being, a step that would essentially ban abortion in the state.

The bill is a direct challenge to Roe v. Wade, the U.S. Supreme Court decision that extended abortion rights nationwide, supporters of the legislation said.

Representatives voted 51-41 to approve the measure Tuesday. It now moves to the North Dakota Senate for its review.

The bill declares that “any organism with the genome of homo sapiens” is a person protected by rights granted by the North Dakota Constitution and state laws.

The measure’s sponsor, Rep. Dan Ruby, R-Minot, said the legislation did not automatically ban abortion. Ruby has introduced bills in previous sessions of the Legislature to prohibit abortion in North Dakota.

“This language is not as aggressive as the direct ban legislation that I’ve proposed in the past,” Ruby said during House floor debate on Tuesday. “This is very simply defining when life begins, and giving that life some protections under our Constitution - the right to life, liberty and the pursuit of happiness.”

Critics of the measure say it will cost millions of dollars to defend. Ruby said the state has been willing to go to bat for other principles that were less important.

In Oklahoma, meanwhile, a state House committee Tuesday approved legislation that would prohibit physicians from performing abortions solely on account of the gender of a woman’s fetus, even though the measure’s author said there is no evidence the practice has ever occurred in the state.

The legislation passed 20-2 by the House Public Health Committee. The bill now goes to the full House for consideration.

The author of the bill, Rep. Dan Sullivan, R-Tulsa, said it is designed to stop couples from using the gender of a fetus as a reason to get an abortion. Sullivan said a doctor would be prohibited from performing an abortion if the mother specifically said the fetus’ sex was the reason.

However, he said there is no evidence the practice has occurred in Oklahoma. “I haven’t received any definite information that proves it,” Sullivan said.”

Click Here for Complete Article

Missouri – Sounds to me like the states are responding in great numbers to the advancements in reproductive technologies and now the octuplet controversy, which I vow not to address in today’s updates. However, I did post this last week, but I am reposting again in light of the other states to follow.

It appears that the Missouri legislature, headed by Cynthia Davis.  In her bill (HB355) she is attempting to ban all anonymous donation (egg and sperm) in Missouri and give all donor-conceived offspring the right to access the donor’s identity at age 21.  In fact, she wants the child’s birth certificate reflect the biological parent’s name (yes, she called the donor a parent) and the donor parent’s name as well.  She is not intending to create any legal relationship between donors and the offspring, but the use of the word PARENT is extremely disturbing.  What do you think?
 

Click Here for the information on this bill HB355

Blog On Bill HB355 

Hawaii – Civil Unions in Hawaii. Hawaii’s House passed a civil union bill this month by a vote of 33-15. 

"The bill, which now moves to the state Senate, would grant partners in civil unions the same benefits, protections and responsibilities as married couples under state law. The state would also recognize civil unions, domestic partnerships and same-sex marriages performed in other states. Partners in civil unions would not have the same protections as married couples under federal law, so the recognition is a rung below treating homosexual and heterosexual couples equally."

According to the Honolulu Advertiser, "The lawmaker who missed the vote, state Rep. K. Mark Takai, D-34th (Newtown, Waiau, Pearl City), who is preparing to deploy with the Hawai'i Army National Guard to Kuwait, supports civil unions."

Click Here for Complete Article

Other Article on www.Proudparenting.com

Australia – Lesbians Win Damages for Second Child – yes, you heard it right. A lesbian couple have won the right to be compensated by their IVF Physician for the wrongful birth of one of their twins. The woman gave birth to healthy non-identical twin girls in July of 2004, and the couple had sought $348,000.00 in damages for the cost of raising one of the girls. The court papers state that the woman had told the doctor to implant only one embryo; however, two embryos were implanted. Their intital case had been rejected by the courts, but was overturned on appeal with the court granting damages of $317,000.00 plus fees, which includes fees for a private Steiner school.

Click Here for Complete Article

India – Surrogacy is No Business, It’s a Need: Experts. With reproductive tourism exploding, I like to keep people alert to the dangers of going to countries where the laws are not yet in place. If you think California is the wild west, think again, as that is not the case. But, if you are going to India, buyer beware!

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Hospital officials in Japan have reported that a Japanese woman was likely impregnated with the fertilized egg of another woman by accident during an in vitro procedure last year. 

According to the Associated Press, the woman, who is in her 20s, aborted the pregnancy when she was told of the potential mix-up at the government-run hospital in Kagawa prefecture, about 330 miles southwest of Tokyo.

"She is now suing the local government for 20 million yen ($222,000), according to news reports.  Hospital officials apologized for the mistake at a news conference Thursday.

"She was very happy after undergoing such a difficult procedure and becoming pregnant, but unfortunately a mistake had been made," said Yuzo Matsumoto, director of the Kagawa Prefectural Central Hospital.

The hospital has a long history of carrying out such procedures, and this is the first time such a mistake has occurred, hospital spokesman Hajime Morishita said.

"The in vitro procedures are carried out in sequence one after the other, and in this case the eggs from one procedure may have accidentally been left over and used in the following procedure," he said.

In vitro procedures — in which a woman's eggs are removed, fertilized outside the womb, and placed in her uterus to cause a pregnancy — are common in Japan, with hundreds of thousands carried out per year.

The case drew wide attention because bearing and raising children who are not related to the mother is uncommon and has been discouraged by Japanese medical groups.

Surrogate births, in which eggs are removed for fertilization and implanted in another woman, and adoptions are rare in the country."

All I can say is wow, this woman was courageous for handling this issue in the way that she did.  This could have caused an entirely different set of issues for her to deal with, as well as the rest of the people involved.  Unfortunately, an abortion had to occur to solve this.  What are your thoughts?

Click Here for Complete Article

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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Well, we have quite a day in legal news today. So, let’s start with the notorious octuplets –

As Sarah Palin, whether you like her or not, would say “Joe, say it isn’t so” to this one. This week I reported that this mother of eight should not be judged until “we have walked in her shoes,” but today all of the news outlets (such as LA Times, GMA, Today, etc.) are reporting that she already has six kids and reproductive technologies were used, whether IVF, Clomid, or some other means. 

Karen Hammond of the AFA stated “I congratulate this lady for having the fortitude to carry octuplets to viability, but in a sense, this birth represents a failure of infertility treatment. The majority of such high-order multiple pregnancies end with loss of all the infants, and multiple pregnancy poses dangers for the mother as well,” says Hammond.

Even Fox News made a great argument stating that the focus should not be on why she did not selective reduce, but why, if the story is true, did her physician place eight, yes 8, embryos into her uterus. I certainly hope that it was not an American physician – what will the ASRM say or do about this? Either way, I am concerned about regulation due to the actions of a few if embryos were transferred.

I think that the jury is out on this one until we get all of the facts, but here is the update. Let’s see how it turns out. What do you think? 

Now, as for the donor conceived case filed in Canada, the court has ruled as follows:

“For the first time in Canada a court has ruled on the legitimacy of a donor contract in determining the competing parental rights of a lesbian couple and a gay man who was the sperm donor.

The precedent-setting court ruling that the agreement is not enforceable could open the door for a child to have three or four recognized parents in "known donor" situations.”

At the same time, it may also have a chilling effect on lesbian couples seeking a specific donor and who want their child to know the identity of the father.

The legal dispute involves a lesbian couple in Toronto and a gay man who agreed to be their sperm donor and play an active role as a parent.

Click Here for the Complete Article

And, finally, we have a woman who has died leaving three frozen embryos. It is stated that her fiancé, who sperm was used, wants to use his sister as a carrier.   The dead woman’s mother is poised to fight that this is not her daughter’s wishes. We will see where this one goes. 

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

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I just found this great piece from Melissa Ford of Stirrup Queens (great blog, by the way!) on why egg donor (or "egg suppliers") should be compensated.  With all the articles running on the exploitation of egg donors, I thought that this was a timely discussion.  Let me know your thoughts on this one.

"Back in college, the popular way to make beer money was to sell your plasma. It was so popular that the student handbook listed the plasma center along with a few local dry cleaner recommendations and coupons to a sandwich shop. I'm not sure what the going rate was back in 1992, but a quick search online yielded that the going rate for plasma is about $70/week (two donations a week at $35 each).What made me think of this today? Because I read an argument against compensating egg donors stating that no other donated body part or product receives financial compensation. And that's just not true, there's plasma. In fact, it is legal in America to be financially compensated for cells, though you cannot be compensated for organs.

FoxNews reported back in November that plasma donations were up as first time donors stepped up to earn gas and grocery money by selling their blood product, which brings us to Salon's article this week on Broadsheet discussing the increase in egg donors and the ethics of paid donations. Quoting a recent Boston Herald article and the constant discussions around the Internet on this topic from the Wall Street Journal to the Washington Post, the post begins: "In these stark economic times, what's a gal to do when the creditors have the phone ringing off the hook or when her boss shovels her onto the fast-growing pile of the nation's unemployed? For an increasing number of women, it means considering selling their eggs for anywhere from $5,000 to $10,000."

Donations are, by their very definition, gifts without compensation. I fully agree with anyone who argues that donors who receive compensation are not donors by definition; though I also argue that donor is an antiquated word that no longer holds meaning in our society. Political donors give money with gain both tangible and intangible in mind from access to positions within an administration to simply having your desired party in place when policy is being decided. Philanthropic donors gets a building named after them after they cough up a ten million dollar check. It's not that there aren't people out there doing something for nothing, but most people want recognition of their gift, if not financial compensation.

If it helps, we can rename egg donors "egg suppliers" instead.

Tracy Clark-Flory did a fantastic job on the Salon piece pointing out that donors who are solely financially-driven usually do not make it through the rigorous screening process required of all potential donors (though returns with an alarmist final thought on financial desperation). Those who donate solely to make money with no regard to the enormity of the task on hand--emotionally or physically (for themselves, their recipient, and any children born of their gametes)--are generally left disappointed with a rejection slip. Over 90% of wannabe donors do not make it to that first lupron needle."

Click Here for Complete Article

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

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Parents via Egg Donation has made the news!  The Oregonian has written a piece about the organization and Marna that you really must read.

"All over the world, women who can't give birth using their own eggs are becoming pregnant with eggs donated by others.

Many turn for information and support to a nonprofit organization called Parents Via Egg Donation, founded by a woman named Marna Gatlin. Those who've been helped by the organization call themselves "friends of Marna."

Marna lives right here in Oregon.

There's not a lot Marna doesn't know about giving birth using donor eggs. Eight years ago, she was part of the process herself.

At that point, she'd been trying to get pregnant for more than a decade. Marna says she miscarried nine times. Her marriage couldn't stand the stress; she and her husband divorced."

Click Here for the Complete Article

Be a Friend of Marna, and Donate Now

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

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

Subscribe to my blog at: http://www.surrogacyeggdonorblog.com/subscribe.html

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New York Researchers at Weill Cornell Medical College reported today that there are little to no risks associated with egg donation. Out of all of the cases that they studied they found serious complications in only 0.7% of the cases and minor complications in 8.5 % of the cases.

They concluded by saying that these results are typical as long as the utmost care is taken with the egg donors. This is something that fertility doctors have been telling egg donors and the public for years; however, the research finally backs it up.

"As we care for a young woman who wishes to donate eggs," concluded Cholst, "it behooves us to make every effort to minimize risks that she may experience and to be clear in providing informed consent concerning those risks."

What is everyone else's experience?

Click Here for the Complete Article

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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CNN actually did a great piece on egg donation last night.  In fact, I really liked how Kathy Bernardo of Assisted Fertility explained that infertility is a disease/diagnosis and egg donation is the treatment, versus the exploitation angle that so many media outlets have been using as an explanation. 

See video here

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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Research done by the University of Washington was released this week in the Journal of Fertility and Sterility determined that two-thirds of women who donated their eggs reported satisfaction, with 16% complaining of subsequent physical symptoms and 20% reporting lasting psychological effects. This is the first study done to examine the long term effects of egg donation.

In fact, as I discussed in my piece on egg donation yesterday, the researchers were surprised at the low number of women who reported an awareness of possible physical risk prior to donation. Nearly 63% viewed the potential risk as minor, with 20% not recalling that they were made aware of physical risks at the time of their first donation. 

Researchers also noted that the women may be forgetting what they were told as it had been quite a while between the donations and this study. They also felt that many of the young women discounted the risk at the time that they donated because of their age. “Risks don’t mean much to young women,” according to Nancy Kenney, UW Associate Professor of Psychology and Women Studies and the lead author of the study.

Of the women who reported physical problems, bloating, pain and cramping, ovarian hyperstimulation, mood changes, irritability, or weight gain or loss were the common complaints, with several claiming infertility, decreased fertility or damage to their ovaries. 

However, most of the women (73%) reported being aware of some of the psychological risks associated with egg donation prior to donating. 

The women were split on why they donated – 32% said their motivations were solely based on helping others, while 19% said financial concerns were their sole reason. The remaining women cited a combination of altruistic and monetary reasons for their donation.

This research was based on the input of 80 women who donated for the first time at least two years before they filled out the research questionnaire and were an average of 30.6 years when surveyed.

Complete Press Release Here

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Program 
www.ConceptualOptions.com

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Well, after all of the news of recent of egg donors and the economy being shoved down our throats from press releases, news articles and news programs, I woke up this morning with a new concern about all of this. 

Shouldn’t we be concerned about this rise in donors? Who is Exploiting Whom, if at all? That is why we, as an industry, need to make certain that no one is exploiting anyone. In fact, we need to ensure that there is no abuse on either side – by the agencies, lawyers, parents, and clinics, as well as on the side of the donors themselves. As a Reproductive Lawyer and the Founder of an Egg Donation & Surrogacy Agency, I have a vested interest in ensuring that this is done sooner than later.

With that in mind, I think that we need to be concerned that the state of the economy may actually cause more women to become donors by not thinking about what they are actually doing and by not considering the risks. Which, in turn, can leave open the possibility that the donors may start the process, get accepted, get selected by parent(s), undergo testing at the cost of the parent(s), who then back out once they realize what this medical procedure actually entails? Or, donors who go forward because they need the money without really thinking through what they are doing? Who loses in this case? Who suffers emotionally? At what cost?

On the other end of the spectrum, shouldn’t we also be concerned about the donor’s authenticity? Desperation creates the environment for changing one’s history, medical or otherwise – does it not? If one needs money so badly, why not make oneself into the poster of good health, good family history and a great education?

With these points in mind, I want to make certain that those couples/individuals looking for an egg donor or the donors looking to donate, do their research first on the agency or clinic where they select their donor or select to be a donor as follows: 

1.            Has the agency verified the donor’s credentials? 

2.            Have those credentials been sent directly from the education institute or college or were they sent directly by the donor? 

3.            Has the agency obtained the donor’s medical records from previous cycles?  Has the donor actually been screened by the agency? 

4.            What does their actual screening consist of? Remember, numbers are not everything, as quality is much more important than quantity – so it is important to question those agencies that claim to have 1,000 donors or a new batch of donors from the economy. 

5.            Has the agency, lawyer, or clinic provided you, as the potential donor, an opportunity to speak with a physician regarding the potential risks? Have you had the opportunity to speak with a psychologist? Have you had all of your questions answered?

Yes, the economy can certainly cause a woman to make a decision to become an egg donor (or a surrogate mother) for the compensation that it provides, but also make certain that these donors (and surrogates) are not just in it for the money – they need to understand the entire process and they are moving forward with a clear sense of how they are helping someone create the family that they have always wanted and dreamed of, as well as understand all of the potential medical and psychological risks that are actually involved.   

As an industry, we all need to make certain that all parties, the donor, the parents and the future child, are protected. I know what my staff and I do to ensure that this is taken care of. In fact, we continually are revising and adjusting our protocol to adapt to change in the industry. Shouldn’t we all?

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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With the media, including the Wall Street Journal and Fox News, focused on how the economy is causing more women to sign up as egg donors and surrogates, our industry needs to be sensitive to this.  Specifically, we need to be certain that these women are doing it for the right reasons, as well as for the money. 

There is quite a bit for them to think about before committing themselves to this process, to include medical risks, the emotional aspects and the time commitment. This process is not an easy buck for anyone, and the reproductive community needs to make certain that we do all that we can that they are thoroughly and adequately informed. 

Click Here for an Article on this Subject

Click Here for a Similar Article on this Subject

Theresa M. Erickson, Esq.
Surrogacy & Egg Donation Center    
www.ConceptualOptions.com

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As most of your reading this know…having an attorney when diving into the prospect of becoming a parent through Assisted Reproductive Technologies is one of the most important things that you can do. That becomes even more important once Egg Donors and Surrogates also get involved. Having a lawyer, especially one that specializes in Reproductive law, becomes more important for a few reasons:

1.      EXPERIENCE & KNOWLEDGE. A lawyer within the field of Reproductive law will not only know the laws concerning surrogacy and egg donation in each state, but they will also have the experience in dealing with prospective parents as well as surrogates and egg donors.

2.      CONTRACTS. An experienced attorney will be able to draft a comprehensive surrogacy and/or egg donation agreement that will be able to address any issues, whether monetary or not, that may arise during the course of the contract.

3.      TRUST ACCOUNTS/FUND MANAGEMENT. A lawyer experienced in reproductive law will be able to tell prospective parents what fees and/or expenses are customary and will be able to fully handle your trust account along with keeping your relationship with your surrogate and/donor separate from any issues regarding funds.

4.      DISPUTE RESOLUTION. With the help of an experienced attorney, you will have an intermediary for any disputes that may arise during the surrogate pregnancy between you and your surrogate.

5.      RELATIONSHIP MANAGEMENT. Having an attorney that drafts your surrogacy contract and/or egg donation contract can aid prospective parents in deciding what type of relationship they will have with either their egg donor and/or their surrogate throughout the pregnancy and after.

Along with these few reasons there are numerous others that illustrate why you should have an experienced reproductive lawyer prior to embarking on egg donation and/or surrogacy. What are your thoughts?

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 Articles regarding the possible danger of egg donation are nothing new. However, what is slightly less common and even more worthwhile are articles like the one in the Daily Princetonian which calls for higher governmental regulation of the assisted reproduction field.

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 In conjunction with ASRM's meeting last week, a report was released stating that pressue for open-identity sperm donation is building here in the U.S: 

SAN FRANCISCO, Nov. 14 -- Studies of people conceived with donated sperm suggest that many do not support the practice of anonymous sperm donation.

Roughly a third of people who know they were conceived by open-identity sperm donors make a request for the donor's identity by the time they turn 20, according to the world's first study on this subject.

However, it is likely that other offspring will make the request at an older age, predicted Joanna Scheib, Ph.D., a professor of psychology at the University of California, Davis.

In addition, they provided action points as follows:

Action Points  

• Explain to interested patients that most donor-conceived children want information about their donor's identity. 
   
• Note that this information was published as an abstract and presented orally at a conference. These data and conclusions should be considered to be preliminary until published in a peer-reviewed journal.

        Click Here for the Complete Article

Cl

Cl

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"The Ultimate Medical Privacy Guide: 100 Tools and Resources to Secure Your Health Records" looks to be an important read for all ART clients.

"Have you heard the positive points about putting your health records online? Or, like many, are you concerned about security and privacy issues about using your credit card online, let alone adding your health records to a Web-based program? If you stand in either camp, you’re not alone. But, even online health record advocates are leery about security.

With that fear in mind, the following list contains 100 tools and resources you can use to make an informed decision about this issue. Health records have, historically, been protected by regulations that protect the patient’s privacy. An online venue, on the other hand, requires different measures to secure sensitive information. So, we’ve included links to opinions about health record security, tools that will help you understand new regulations and technology that centers on health industry security, blogs that focus on frequently updated news about this movement, and background information on eHealth, Health 2.0 and law support for various health issues."

Click Here for a Link to Post

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Recently as last year, a physician from Arizona had begun lobbying in front of Congress to regulate egg donation. This is in response to the fact that her own daughter, who donated her eggs several times, died of colon cancer at a young age.  Now, I met this woman personally at a conference in Chicago earlier this year, and I do sympathize with her; however, I was unable to find a direct correlation between her donation and the cancer.  I must note that my investigation was only cursory at best. 

With that in mind, how are we to resolve this issue for this donor and for all other donors?  As of right now egg donation is not regulated beyond the FDA testing and the ASRM guidelines that are in place to "guide" everyone.  

Additionally, the field of Assisted Reproduction is not required to hold on to any of the medical records for any egg donors following the completion of their egg donation cycle. I will note that this Arizona doctor is suggesting that Congress create a national egg donor database where medical records and other information on the egg donor will be kept for future children, as well as for the donor herself if she suffers any complications or the like.

Now, even though this national egg donor database seems like a great idea, could it not also cause problems of its own? For example, will fewer women be willing to donate their eggs if it is not completely anonymous? Will there become waiting lists for egg donors who are willing to make this information known? How far will this database go? Will donors become completely known or will they be given an identifier where their medical information is only known? What are your thoughts?

Click Here for the Arizona Article

Click Here for an Intended Mother's Perspective

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With new stations declaring that young women are donating their eggs to make money in a sagging economy, we need to address the risks that go along with this money making endeavor.  Advertisements are in college newspapers and university halls contain signs encouraging young women to become egg donors for a pretty penny. The lure of thousands of dollars calls many women to look into egg donation or to actually participate in egg donation.

The worry is the uneducated decision these women are making. Along with most medical procedures, there is a risk involved in egg donation. As an egg donor these women should be aware of the facts about egg donation and the risks involved.

Certain facts that should be noted are:

1)      Time Commitment: Several weeks of injections, ultrasounds, blood tests, egg removal (transvaginal ovarian aspiration), and recovery are a few of the time consuming activities that take place for an egg donation.

2)      Infertility risk: Biggest risk with egg donation is the possibility of complications that might lead to infertility, even though these complications are extremely rare.

3)      Ovarian Hyper Stimulation Syndrome: Ovaries can become “hyperactive” retaining water. While usually treatable and donors still continue through the procedure, in extreme cases, one or both the ovaries might be removed.

4)      No sex during the process: Since a donor is on fertility medications to stimulate the egg production, it is best to avoid sex since unwanted pregnancy risks are multiplied.

Even though egg donation might seem like a quick fix for cash it is a medical procedure and women need to understand that make sure they are educated on the process. A great doctor and a great agency will make this process safer and more efficient for the donors.

What are your thoughts:

1.      Should there be an age limit beyond 18, to make sure women understand the risks, process, etc?

2.      Should there be classes, seminars, etc that women should have to attend to be able to donate eggs?

3.      Is this from a old world mentality that women cannot decide for themselves or for their body?

4.      Should we assume that college educated women cannot understand a medical procedure or the process they are going to start?

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For the first time in Vancouver, a class action suit was brought to attempt to change the laws regarding sperm donor’s anonymity last week. The plaintiff is Olivia Pratten, the daughter of an anonymous sperm donor who is attempting to get information about her biological father before the medical records are destroyed.

Currently, the laws in Canada are that gamete donor’s medical files can be destroyed after six years;  however, Pratten in her suit is attempting to overturn this law so that she may learn pertinent medical information. Additionally, Pratten is arguing that this law violates the rights of those conceived using gamete donation.

On Tuesday, a British Columbia judge issued an injunction to stop the destruction of any medical records related to artificial insemination. This is of course being appealed as we speak. However, if this decision is to be upheld what would that mean for the donor’s anonymity? Could Canada eventually become like the UK where donors are not anonymous? Also if that were to happen, would there be a decrease in those willing to donate their gametes?

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Resolve: http://www.resolve.org/site/Calendar?view=Detail&id=24421 

A Free One-Hour TeleSeminar
Friday, October 24th
1:00PM ET/ 12:00PM CT/ 11:00AM MT/ 10:00AM PT

Hosted by Dr. Marcus Jurema
IVF NJ

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Fertility and Sterility magazine recently published physiological research done in Israel regarding single mothers who have conceived children through the use of both a sperm donor and an egg donor. The team of researchers from the Hebrew University of Jerusalem wanted to look at single women from age 36 to 50 who conceived children using the assistance of an egg donor and sperm donor and determine whether or not they would tell their children how they were conceived and if the children exhibited any emotional and/or behavioral difficulties.

In Israel the identity of all egg donors and sperm donor are kept confidential by law, which means the children would not be able to find out that they were conceived via egg and sperm donation without their mother’s informing them. The researchers found that most of the women planned on telling their children that they were conceived through the use of a sperm donor by the time they turn 18, but were most likely not going to inform them that they had also been conceived with the use of an egg donor.

I wonder if this has something to do with societal and cultural ideas about motherhood and familial bonding, yet the research did not go into this. Additionally, the study also revealed that there was minimal, if any, impact on parenting and the children’s development through the use of assisted reproduction. What are your thoughts?

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I found a website today that I really enjoyed reading.  It is written by a Reproductive Endocrinologist about his experiences.  It has an a question and answer area as well as an area with true stories.

In the story that I was reading, the women who was going through the ovary stimulation was the Intended Mother.  As I was reading it, it dawned on me that this would be excellent information for my intended parents and donors alike to know.

The benefit to using an experienced donor is not just simply that they understand the commitment and the medications.  It is that once the medical records are forwarded to the IVF Physician you are using, they know from past experience what medication and how much works to get the best results from that donor. 

I hope you enjoy reading this sight as much as I did.  I will returning to read more in the future.

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Many times when I speak with Intended Parents about retaining an egg donor they are wanting a donor who is available now.  While I completely understand their desire to move forward, I would like to explain the time line involved with Assisted Reproduction.

Intended Parents can feel discouraged when they find a donor they think is perfect and then they find out she isn't available for a few months.  To the parent who wants a baby or pregnancy now, that does sound like it is a long way out.  The reality is, it takes several weeks for the paperwork to be completed before a cycle can be started.

Once a donor is selected by the Intended Parents, the case manager will contact the donor to let her know that her next available cycle is contracted.  At this time, the donor will be given a match agreement to confirm she is aware of the commitment.  Once that is received, we will make arrangements for the donor to be screening by the Psychologist and the Intended Parents IVF Physician.  Sometimes it can be a few weeks before there is an opening at the IVF Center for the donor to be seen.  The cycle can not be started until after the donor passes all the screening.

While all the screening is taking place, the contracts are started.  The contracts can take anywhere from three (3) to five (5) weeks to complete.  This time line is dependent on how many revisions are made by each party and how efficiently all parties sign and return the contract.

Once the contracts are full executed and the donor has passed all the medical screening the cycle can begin. 

So if you are interested in a donor today, but she isn't available for 2-3 months, don't get discouraged.  That is actually perfect timing for getting all the paperwork and screening in order.  Then you will be having your cycle close to her availability instead of months after retaining her.

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