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

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

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

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

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

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

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

What are your thoughts?

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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."

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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? 

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Depending upon who you talk to - fertility tourism may or may not be a good thing?  In my opinion, if you are working with a reputable clinic/company, it is a good thing.  But, where do you find these clinics, and how do you truly know if they are reputable, success, etc. as it may be the clinic/company themselves posing as a patient on a forum?  As I noted in an earlier blog piece, I was appalled (naively, I must admit) that this sort of unethical practice is going on here right in my own back yard. 

Besides those forums, I think that Parents, Surrogates, and Donors must absolutely EDUCATE and INFORM themselves, instead of becoming another horror story.  Not everyone has the funds to keep trying once things go badly. 

In fact, I will be speaking on this on my radio show, Surrogacy Lawyer Radio on Blog Talk Radio this Friday on how to ask the right questions, get referrals (not just via the internet), and ask more questions. 

In addition, my recent concern over fertility tourism outside of the US, where I am very familiar and aware of reputations, etc. is a blog post written by a woman with alot of information regarding India.  Note, she did get her child from India via surrogacy, but she had alot of concerns, as did the comments from others.  It is worth a read.

Subscribe to my blog here. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

Subscribe to my blog here.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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?

Subscribe to my blog here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Today I did a great interview with Creating A Family that has alot of information on Surrogacy for everyone.   The host, Dawn Davenport, asked great questions, and I think that you will learn alot.  Click Here for the entire show from today, July 8, 2009.

This is also a reminder that I will be hosting my own show tomorrow at 8:30 PST on surrogacy, egg donation, and maybe more on Michael Jackson and California Law.  Please feel free to call in or email me with any questions ahead of time.  Click Here for Show Information.

Click Here to subscribe to my blog. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hello, and it is Friday again.  TGIF!  I have included a few interesting, yet informative stories that I think you will find to be thought provoking.  I am also including another link to our upcoming European Conference on Third Party Reproduction in Switzerland.  All are welcome!

Press Release Here and Link on Our Web Page 

Salt Lake City, Utah - the fate of Anthony, who is a boy who has been at the center of a legal battle between his biological mother, a traditional surrogate, his father (intended & biological) and his adoptive parents.  It looks like the justice system has worked this one out for the benefit of Anthony.  What do you think?

New York - New York Stem Cell Research Plan is being bashed relentlessly - many cite that women are being exploited by their eggs being used for research.  The claim is that these eggs are also being fertilized and/or being used for cloning.  Yes, egg donation for any purpose is a serious decision that one should only make after careful deliberation; however, I am on the fence on this one.  Anyone care to educate me on this one?

West Virginia - Lesbian moms can keep foster child - ruling confirmed.  The court was originally against the "untraditional" family; however, it looks as if they are allowing them to maintain custody at this point - although they are unable to adopt as a couple (only one can), as same sex couples are not permitted to do that in WV.  Actual opinion here.

Poland - A thirty two year old Polish woman agreed to be a surrogate mother, changed her mind but feared a legal battle and has since relinquished the child.    This is a scary prospect that we all need to think about before going into any of these arrangements, whether you are the surrogate or the parents.  Know the laws before you proceed!

London/India - As another reminder of preparing before moving forward in this area of family building, a couple from London spent a great deal of time in  India in a lengthy legal battle trying to bring their twins home. 

Another article listed here also provides those interested in surrogacy overseas to be careful, or you may risk losing your children. 

Subscribe to my blog at here.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.”

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Subscribe to my blog here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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."

Subscribe to my blog 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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."

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Happy Friday to one and all!  I am excited about spending a weekend in Los Angeles.  There have been some interesting articles posted over the last week from over the world.  Read and give me your thoughts.  Have a great weekend to all.

Montana - Lesbian Custody Case - Another case of "you are not the parent" explained in detail by Julie Shapiro, who has a great blog with alot of information on many legal issues.  Of course, one of the women did not adopt the children, which would likely not be allowed in Montana, and the other woman wants full custody.  It is another unfortunate case that is even bringing in the Alliance Defense Fund, who opposes gay/lesbian rights.  So, go figure.  It is before the Montana Supreme Court, so we will keep an eye on this one. 

National - Single Embryo Transfer: Why Not Put All Your Eggs in One Basket?  Great article by Dr. Petok via the American Fertility Association.  A great response to the Octomom debacle and the move towards fewer embryos being transferred. 

Australia - Incubated Embryos Destroyed after Sydney IVF Malfunction.   This is a sad situation - I certainly hope that the end result is good for all of these patients. 

Ireland - Irish Couples Face an Uphill Struggle with Surrogacy Laws.  Surrogacy at home in Ireland is almost impossible, even though there are no laws banning such practices.  There is an adoption required, which makes this possibility virtually impossible unless it involves a family member.  And, with changes in the law in the UK in 2005, that country is no longer an option as it was in the past. 

Singapore - Singapore is now allowing reimbursement for altruistic living organ donations.  The regulations and requirements will ultimately fall in the hands of the medical ethics boards in order to determine who is a healthy donor and who is acting altruistically.  The Health Ministry now also has a plan in place as to how this will be done.  Is this a step in the right direction?  What do you think? 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Although most of my clients come to me after years of struggling with infertility to such as degree that they have to move into the area of third party reproduction; however, today, I wanted to provide some guidance to those who are "newbies."  In fact, I found a great blog that provides alot of useful information that one can refer back to over and over.  It is found at Quips & Tips for Couples Coping with Infertility. 

Some of the guidance that people at all stages should follow are as follows courtesy of this blog hostess:

"Tips for In Vitro Fertilization - IVF

Arm yourself with info, but don’t get alarmed. Our IVF doctor gave us a sheath of info and consent forms, and some of it revolves around the possible hazards of the egg retrieval and implantation surgeries. They list the possible problems (infection, intestinal punctures) and say “this is not to alarm or scare you!” One tip for IVF is to get all the info you can…but don’t let it freak you out.

Talk to couples who’ve tried IVF. When you get first-hand experiences, you’ll have more info than you ever wanted! To connect with other couples coping with infertility, ask your fertility specialist if they know of any support groups in nearby hospitals or communities. If you’re brave enough, you can ask your friends and family…and find blogs or websites like these!

Read fertility books. Current books about IVF, donor sperm, IUI, and natural treatments for infertility are great ways to learn about the procedure. The more you know about IVF, the more comfortable you’ll feel, which is why these tips for in vitro fertilization are so important.

Read Fertility Plus’ article called IVF Hints. I didn’t agree about the “don’t talk to your partner about his role, as this causes stress” part, but I think it depends on each couple. Everyone copes with infertility differently! If stress leads to performance anxiety, then by all means keep him calm…but if he’s not involved in the sperm donor process, then talk as much as you need!

Do a mock IVF transfer? This is one of the tips for in vitro fertilization suggested by Fertility Plus, but I don’t think we’ll do it. It may be good in theory, but I suspect it’ll cost more time, money, and energy than I can spare. A mock IVF transfer can give the fertility specialist an idea of the depth of your uterus, so when the real time comes, they’re ready.

Be prepared for anything. I’m prepared for pain, discomfort, mood swings, and the fact that this IVF could lead to pregnancy…or another disappointment. I’m prepared for things I can’t even fathom right now! I’m ready for anything.

Plan something fun for after the transfer! Some fertility specialists say to relax right after the egg and sperm are placed, while other say it’s not scientifically proven that increases the success of in vitro fertilization. My tip for a successful IVF is to rent a few of your favorite or new DVDs, make popcorn, snuggle up with your sweetie, and take a day or two off! Give yourself something enjoyable to look forward to.

Plan something fun for after the pregnancy test. If my in vitro fertilization isn’t successful, I’m getting laser eye surgery. Having 20/20 or better vision isn’t as good as a baby, but at least it’s something to look forward to!

What are your tips for or thoughts about in vitro fertilization? I’d love to hear from you - please comment below. Is IVF painful? How many times did you try? Did it eventually work for you? What would you do differently?"

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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? 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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"

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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."

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When I read about a case such as the one below, it reopens the need for education of Intended Parents (and their surrogates) by experienced legal counsel.   Why did this Intended Parent think that this situation would work out for him in Indiana?  Was he aware of the risks?  Did he know that there were other options in other more appropriate venues, such as California? 

Well, either way, make certain that you "look before you leap," and you obtain legal counsel that can tell you of the risks and rewards of working in certain states.  I can only hope for the best for this father and his daughters.

Ruling revives controversy over twins' placement - by Jon Murray in Indiana

"The blond, blue-eyed twin girls who started life in an Indianapolis intensive care unit could hardly have known they would become the focus of a years-long interstate adoption battle.

As they took their first steps and reached other milestones under the care of the only father they have known, Indiana child welfare officials challenged the legality of their adoption.

Last week, on the twins' fourth birthday, the Indiana Supreme Court issued a ruling that threw their family into limbo by reversing the final adoption decree and ordering a new review.

Karen Zaria and Kathy Zee Melinger again are stuck in uncertainty rooted in an adoption that legal experts say should never have been granted to Stephen Melinger. The New Jersey man enlisted Monrovia attorney Steve Litz, and his company, Surrogate Mothers Inc., to arrange a surrogate mother from South Carolina."

Good luck to this family!

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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 !"

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

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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. 

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

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

Subscribe to my blog here

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

Sen. Ralph Hudgens, R-Hull, introduced Senate Bill 169 to prevent a situation in Georgia in which an unemployed woman gives birth to eight babies."Both bills are being proposed in order to ring in the excessed of the fertility industry; however, others think it is a way to restrict abortions. 

Embryo Bills Looks at Legal Limitations

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

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

Dear Georgia Residents,

RESOLVE: the National Infertility Association needs your urgent and immediate action on a bill introduced in the Georgia State Senate. The Bill is SB 169 and would severely impact the ability for a patient to receive treatment for infertility in Georgia.

Senate Bill 169 would restrict doctors' ability to perform IVF in accordance with best medical standards.  Here are the key provisions:
-  No more than 2 or 3 eggs could ever be fertilized in a cycle; if a woman produced more eggs, they still could not be used.
-  Only 2 embryos could ever be transferred to the uterus, unless the woman is age 40 or over (then a max of 3).
-  No extra embryos could be cryopreserved.  If they are created, they have to be transferred.
-  No financial relief, such as insurance coverage, is proposed to help with the added financial burden of using less effective treatment.  Patients will still have to pay out of pocket for less effective treatment.
- Bans all financial compensation for donor gametes, such as egg donor, sperm donor, or embryo donation, which would greatly reduce the pool of available donors in Georgia.

The Georgia Senate Health & Human Services Committee will hold a hearing on this bill: SB 169 this Thursday, March 5, at 9:00 AM in Room 450 of the State Capitol. At the hearing, the committee will hear testimony on the bill.  RESOLVE will be testifying as will a number of physicians in Georgia.  RESOLVE and the American Society for Reproductive Medicine (ASRM) oppose. this bill and consider it bad medicine for infertility patients. The hearing is open to the public and RESOLVE encourages you to attend the hearing and send a letter to the Committee members before Thursday. To send a letter immediately, click here:

https://secure2.convio.net/res/site/Advocacy?cmd=display&page=UserAction&id=219

RESOLVE is asking Georgia residents who care about open access to the best care possible to let the Committee members know before Thursday that you oppose these two bills.  To send a letter or fax to the Committee, simply click https://secure2.convio.net/res/site/Advocacy?cmd=display&page=UserAction&id=219

for a letter template that will be automatically sent to each of the Senate Health & Human Services Committee members. You can also call your state Senator even if they are not on the Committee and tell them you oppose these two bills.  A full list of the Committee members can be found by clicking on the link below, then clicking on the Senators name for a link to their direct contact information:

http://www.legis.ga.gov/legis/2009_10/senate/health.php

To find your senator, please go to:

http://www.legis.ga.gov/legis/FindLegislator.htm

Sincerely yours,

Barbara Collura
Executive Director, RESOLVE

To view the full text of the bills please follow the links below:

SB 169:  http://www.legis.state.ga.us/legis/2009_10/sum/sb169.htm

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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!

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Today I have included a guest post to mix it up alittle for those of you who are followers.  Enjoy!

We’ve come a long way since the early days of assisted fertility and conception and the first IVF baby. Childless couples who yearn to have child who’s biologically theirs (fully or partly) are now able to move beyond adoption and try surrogacy and ovum and sperm donation. Advantageous as they are, these issues are a major cause of legal and ethical concern. While certain groups of people abhor and are violently against any form of conception that doesn’t involve the legal sexual union of a man and a woman, there are others who are concerned about the opportunities for misuse that these kinds of fertility treatments pose.

And so we have the laws that determine ownership of the child when the sperm and/or egg are from different people. Since nature intended the woman to be the carrier and sustainer of the child for the first nine months, surrogacy involves a third party who has to be female. And this gives rise to a new complication – how do we assign ownership or claim a lack of it when a woman “rents” out her womb for nine months? It’s a well known fact that motherhood starts the moment the child is conceived – the woman carrying the child is able to feel a distinct emotional connection and bonding with the baby even before it is born.

And this is why it’s understandable that some surrogate moms are reluctant to hand over the children they have carried to term to the intended parents as they originally planned to. Looking at the issue beyond the emotional context, the law says that a surrogate is deemed the biological mother if her own eggs have been used for the fertilization process. The sperm donor, even if he is the intended father, is just that in the eyes of the law – an anonymous sperm donor who has no biological claim over the child conceived and born. On the other hand, if the child is conceived using the intended mother’s egg (or a donor egg) and the intended father’s sperm (or donor sperm), the surrogate has no biological claims over the child she carries.

It is in the best interests of intended parents to make sure that they take care of all the legal loopholes that are possible when they want a child through assisted fertility methods, by hiring a good agency and by retaining sound legal counsel to draw up the necessary papers well before the whole process begins. A few complications that may arise are listed below:

• The surrogate mother may not want to give up the child once it is born.
• The intended parents may be separated or get divorced before the child is born. In this case, either both parents may not want the child or both may want it and an ugly custody battle may be in the offing.
• One of the intended parents or both of them may die before the child is born.
• If the couple is of the same sex, they need to take into consideration the local laws relating to surrogacy and same-sex adoptions.  

Ensuring that nothing is left to chance is the only way to save yourself a bunch of emotional and legal hassles and take home a healthy baby that’s all yours in nine or ten months.

By-line:

This post was contributed by Holly McCarthy, who writes on the subject of jobs in criminal justice. She invites your feedback at hollymccarthy12@gmail.com

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

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

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

After watching the increase in fertility tourism, I have kept a watchful eye on the laws that claim to be in existence.  I found a great article on Gay Dads Australia that I thought was very informative.  I am curious to hear from others who have researched this issue or have had experience in this.  I am interested in hearing from others on this.

"LAWYERS and doctors involved in India's giant fertility industry have warned couples hoping to pursue surrogacy in India that the process is risky because there is no comprehensive law covering the practice.

While surrogacy is legal in India, it is regulated only by guidelines issued by the Indian Council of Medical Research, and many industry participants say these guidelines have been left behind by the rapidly expanding surrogacy industry.

The Age reported on Saturday that about 30 Australian couples were pursuing surrogacy in India. A new Indian surrogacy law is being drafted but those involved say it may not be passed for some time.

Priya Hingorani, a prominent Delhi lawyer who is part of a ministerial committee reviewing the proposed laws, says the absence of a law means couples wanting to use surrogates in India might be vulnerable.

"They are taking a risk because some of the documents that they sign ensuring that the mother will hand over the child might not be deemed legal by the courts," Ms Hingorani said. "They need to be very careful."

She cites the case of a Canadian couple who paid for an Indian surrogate but the mother refused to give up the child after the birth. The case is now before a Delhi court.

Anand Kumar, who runs a fertility clinic and is a member of the expert committee drafting the new law, said tighter regulations were urgently needed.

"It's a bit of a free-for-all at the moment and everyone seems to be doing what they wish," Dr Kumar said.

"There is a possibility of new technologies being misused and there is cause for concern." He could not say when the proposed law would be passed.

Many women's groups in India have expressed concern about the surrogacy system, saying it leaves mothers and babies vulnerable to exploitation.

Ms Hingorani said it was possible the new law could introduce restrictions that might affect foreigners hoping to use surrogate mothers in India.

"I think it is going to be more difficult (after the law is passed)," she said.

India's booming surrogacy industry is estimated to be worth more than $500 million a year.

According to the National Commission for Women, there are about 3000 clinics offering surrogacy services across India.

There were cases where surrogate mothers received as little as 25,000 rupees ($A780), the commission said.

Some of the potential complications associated with international surrogacy were highlighted last year by the case of Baby Manji, a child born to an Indian surrogate mother hired by a Japanese couple.

The couple divorced during the pregnancy and a subsequent legal wrangle left the baby in limbo for more than a month. An Indian court eventually granted custody to the child's 74-year-old grandmother."

In Australia, the Standing Committee of Attorneys-General is reviewing surrogacy regulations, including the issue of Australian couples pursuing surrogacy in developing countries such as India."

Click Here for Original Article
 

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

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

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

According to the New Zealand Press Association, a surrogate mother residing in New Zealand may be required to pay support to the Australian government as shown below:

"A New Zealand surrogate mother could be forced to pay child support for the baby she had for two gay Australian men.

It is understood the year-old surrogate baby girl is being raised by her biological father and his male partner in Queensland, who are her legal guardians, the Sunday Star Times reported.

The Australian government had provided some child support benefits for the father to stay home and care for her, as new parents were entitled.

However, the surrogate was tracked down and asked to contribute, which she has refused to do.

Surrogacy is illegal in Queensland and many other parts of Australia."

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There is a tentatively scheduled broadcast regarding Surrogacy this coming Sunday the 25th of January.  It is likely to feature myself, Melissa Brisman of New Jersey, a surrogate from Melissa's office, the staff and doctors at La Jolla IVF, as well as a surrogate and couple from Conceptual Options.  Check your local listings for CBS Morning News.

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

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Supreme Court of the State of West Virginia is considering whether an infant placed with a lesbian couple after she was born to a drug addicted mother shall remain with the couple, according to West Virginia Metro News.   The Department of Health and Human Services did approve the couple for foster care, but the trial court judge wanted the child to be removed from the home in order to provide her a more "traditional" home with a mother and father.

I would like to hear everyone's view on this case and what the end result should be.  Currently, WV state law does allow singles and heterosexual married couples to adopt in WV.  In fact, one of the women in this case has actually successfully adopted another child. 

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

http://www.surrogacyeggdonorblog.com/subscribe.html

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have been following the national discussion surrounding surrogacy in Australia, and I thought that it might be helpful to include information coming from an Australian couple living there and watching every day.

"The Australian Standing Committee of Attorney Generals (ie, a collective of top-level government lawmakers from each state and territory in Australia) released a discussion paper on Monday aimed at getting comment on a proposal to create a national surrogacy law for Australian citizens. The proposal deals primarily with altruistic surrogacy in Australia. While the some of the proposals affecting couples needed surrogacy in Australia are preposterous, they do no not affect the Australians going to foreign countries to create their families through commercial surrogacy. However, it appears that commercial surrogacy abroad for Australian citizens is now on the radar.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I read this post from an attorney in Georgia, who became involved when child support became an issue - yes, child support.  This Surrogate is truly an angel, and let's be glad these types of cases are rare.  I just wanted to add this one to make everyone go - ouch....

"Various issues arise as the concept of surrogacy comes before the legislatures of the country.  One case that I handled for the Attorney General’s Office dealt with a surrogate mother, and is an example of how crazy surrogacy issues can become.  This lady had been hired to have a baby for a multi-millionaire.  He was not married and seemed to be tiring of his fortunes when he decided that he would like to have an heir.  The surrogate mother gave birth to a healthy little girl and the man accepted the child, made payment, and went on his merry way.  Then two months later, the man had one of his “assistants” drop the baby back off at the surrogate mother’s home with a note stating that he simply could not emotionally handle the responsibilities of being a parent. "

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I thought that this is an interesting article for any woman who may be concerned about her fibroid treatment and her fertility.

NEW YORK (Reuters Health) - For young women with fibroids -- benign tumors inside the uterus that can lead to pain, abnormal bleeding and other symptoms -- a treatment called uterine artery embolization (UAE) does not harm fertility, according to results of a study conducted in Spain. 

Click Here for Complete Article

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Cour de cassation, where appeals are lodged before the French Supreme Court, delivered its decision on December 17, 2008, in response to an earlier decision by the Paris Court of Appeal.  They essentially set aside the previous decision, which had accepted to recognize Californian birth certificates after a French couple had resorted to surrogacy in San Diego.

According to Conflict of Laws Blog, the case will have to be relitigated before the same Paris Court of Appeal, with different judges.

See full article here

Click Here for French Press Release

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

People Magazine reports that Cedars Sinai in Los Angeles has settled with Dennis Quaid for $750,000.00 for the accidental overdose of his twins born via surrogate mother back in 2007.

We are glad to hear that the children have recovered from the medical scare. 

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Well, the Wall Street Journal has another piece on reproductive technologies today, which will likely bring them as much criticism at the New York Times Piece did on Alex Kuczynski. What amazes me the most is how Mr. Frank condemns Mrs. Kuczynski for choosing to use a surrogate mother to have her child, as if she indeed had another option. She is not some Hollywood starlet who chose not to “deal with birth.” In fact, the Hollywood excuse is way over utilized…isn’t pregnancy the new “in” thing for celebrity moms? Oh, how I digress......

Yes, the NYT pictures were the wrong choice – period, but the focus of the piece was her and how she created her family, as she is the one of us that most know. In fact, I found most of her comments, to include those revolving around her vacation before the birth and her ability to drink alcohol while her surrogate could not, as merely attempts to help her better deal with her own issues of not being able to carry her own child. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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?

• Email This
• Print
• Comments
• Trackbacks
• Share Link

"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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

After a 10 week battle, it appears that the Japanese baby girl born through Surrogacy in India will be finally going home to Japan. The Supreme Court in India ruled today that the little girl needs to be issued a passport and travel documents for Japan. The passport office in India stated that the passport and travel documents are being issued stating that the little girl is a citizen of Japan since that is where her father is from and lives. This is a huge decision and a happy one at that.

Click Here for Entire Article

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As everyone will remember from prior blogs, the little girl born with the help of an Indian surrogate has been kept in India with her paternal grandmother since birth because of a long legal battle. However, it looks like she will finally get all of the paperwork that she needs to finally join her father in Japan.

Hopefully, these reports will turn out to be true and she will finally be able to leave India.

Click Here for Complete Article

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A judge in the state of Ohio took an encouraging step in the right direction for Assisted Reproduction Law. The judge ruled in favor of a single father, who used IVF and surrogacy to conceive his twins. However, he was not listed on the birth certificate; instead the surrogate was listed as the only known parent because Ohio state law did not recognize surrogacy. The judge in this case rule that the father’s name could be put on the birth certificate as the children’s biological parent. This is a huge step for surrogacy in the state of Ohio.

Click Here for Complete Article and Pictures

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Next month I will be traveling to New York to be part of the Family Matters Conference.  This conference is being held by the American Fertility Association.  The focus of the conference is to provide intended parents with valuable information on options that are available.  

Please take the time to check out the link to this conference.   It would be great to meet you there.  

Written by:

Tracy Armato

Case Manager

www.ConceptualOptions.com 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Most first time surrogates question how the pregnancy will be different from the pregnancies they have already achieved naturally.

The first trimester of a surrogacy pregnancy is much different from conceiving naturally.  The surrogate is required to inject hormones to simulate the natural hormones that are created during a natural cycle.  Depending on the Physician's protocol the surrogate may be required to inject Lupron to put her ovaries to sleep (this is eliminate the concern about the surrogate getting pregnant on her own).  Then when the Intended Mother or Egg Donor begins to produce eggs, the surrogate will be given Estrogen.  The estrogen will thicken the liner of the uterus.  The day the Intended Mother or Egg Donor has her retrieval the surrogate will begin to inject Progesterone.  This is the hormone that tells the woman's body that she is pregnant.  The Estrogen and Progesterone are injected throughout the first trimester of the pregnancy.

Once the surrogate reaches her 12th week of pregnancy, her body knows to make these hormones on its own.  The injections can stop.  This is celebrated by most surrogates.

As for the development of the baby, there are no side effects behind artificial means of conception.  The fact that an in-vitro pregnancy begins in a laboratory does not affect the way the fetus matures inside the womb. 

Once conception and implementation are achieved, the rest of the development throughout the pregnancy are similar to a normal pregnancy term. 

Written By:

Tracy Armato, Case Manager

www.ConcpetualOptions.com

858-748-4244

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

We are getting ready to go into Memorial Day Weekend, a three day holiday that represents the start of summer.  This is the time that we are suppose to remember those people who have fought and died for our country. 

Above all else - Be Safe. 

I will be back to blogging with all of you on Tuesday.  Enjoy the extra days.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

While not all IVF Physicians or Centers request a surrogate to stay on bed rest for a few days after the embryo transfer it is worth planning for. 

Staying in bed and resting for two to three days after the transfer will provide the most ideal surroundings for the embryo.  The transfer itself doesn't require much of you as a surrogate, however the work your body is getting ready to do is huge.  The embryo is far more likely to attach in a calm and quite uterus that one that is bouncing around and having turmoil. 

As a surrogate, I always looked forward to a few days without my kids.  Most of the time I would stay with the Intended Parents either at their home or in a hotel.  This gave us the opportunity to get to know each other better.  I have to admit after the second solid day in bed, I was hurting!  It is amazing how laying still can make an active person so sore.

After having a pregnancy test, whether it was positive or negative, at least I felt like I had given it a gallant effort.  I didn't need to question myself about what I could have or should have done differently. 

It is truly my recommendation that you plan ahead once you have your tentative calendar to make it possible for you to have three undisturbed days in bed. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It seems as though the same question keeps getting posed to me by both Intended Parents and Surrogates alike.  Once the match is made what happens? 

When the initial call to a surrogate is made to let them know that there are Intended Parents interested in working with them, the time to meet is usually made within a weeks time.  Before they know it the meeting takes place, the next day (sometimes two) the match is made and then what?  This is when patience plays a big part.  While on the management end of the case, we are busy getting the proper paperwork to the Intended Parents, the surrogate is not seeing any action.

It usually takes about a week before we have the right paperwork returned from the Intended Parents in order to send the surrogate the "Match Agreement".  Once the Match Agreement is signed and returned by the surrogate we will provide her with the Referrals to all the professionals she will need to contact.  It is the surrogate's responsibility to contact the Psychologist and the IVF Center to schedule screening appointments that fit their schedule.  While the surrogate is the person making these appointments, it is also very important for us to know these dates as well. 

Once the screening is complete, it is time for the contracts.  The contract phase can take up to four weeks to complete.  Most surrogates get anxious and begin to worry that something went wrong or did the Intended Parents back out, etc....  This is not the case.  It takes time to draft the contract, then the intended parents need to have contract review with their attorney, then it gets forwarded to the surrogate.  At this point it's the surrogate's turn.  She needs to have contract review with her attorney and then any changes are submitted to the intended parent's attorney and the negotiation goes on until all parties are happy with the contract.  Once the contract is in it's final form, this is when it is signed by each party.

Now that contracts are final, the surrogate may start medication.  Now things feel like they're moving again!  The surrogate will be going to the doctor's regularly for blood labs and ultrasound appointments.  Before you know it the Transfer Day will be here. 

Now that the embryo(s) have been transferred, it's time to wait again.  Most doctor's will perform the blood pregnancy test 10 to 14 days after the transfer of the embryos.  And you thought it felt like forever for the contracts to be complete!!!

This of course is just the start. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Recently there was a study performed at Assof Harofeh Medical Center where Dr. Shevah Friedler studied the effects of laughter on IVF patients.

One hundred women with fertility problems were invited to a medical clown's performance after an IVF Transfer.  Another group of 100 women underwent the same IVF, but did not attend the clown's performance.  The group that spent time laughing at the clown had a 15% higher pregnancy rate than the group without laughter. 

Dr. Friedler said "Laughter is a serious matter.  It is known that it triggers a body mechanism that influences the immune system and heart and lung systems, and there is a real connection between laughter and medicine and humor and health."

So I suggest that you rent as many comedies as you can stand while you are on bed rest.  Perhaps this will assist you with achieving a pregnancy.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We all know the basics about what not to do while pregnant;  don't smoke, don't drink alcohol,  don't take drugs, don't clean the cat's litter box, etc.  Did you know that there are foods you should avoid while pregnant?

There are some foods that need to be avoided due to the risk they pose on the growing baby.

Pregnant women should make sure that all meat they eat is fully cooked.  That means no more rare steaks or burgers.  Raw meat can contain salmonella which will make both the mother and baby sick. 

Listeria is a bacteria that can cross the placenta and cause infection or blood poisoning to the baby.  Some soft cheeses like brie, feta and Gorgonzola can contain listeria.  These cheeses don't always use pasteurized milk leaving it susceptible to bacteria.  If you are wanting to eat  these cheeses, check the label to make sure it is made from pasteurized milk, then you and the baby will be safe.  Cold cuts can also contain listeria.  If you heat up the meat before eating it, that will reduce the risk.

Fish has become a concern to pregnant women.  Shark, swordfish, king mackerel, and fish used in sushi are all known for having a higher mercury levels than other fish.  High levels of mercury have been directly linked to developmental delays and in some cases brain damage.  It is also recommended to avoid raw shellfish during pregnancy.

Pregnant women should avoid raw eggs.  Raw eggs can also contain salmonella.  This means no snacking on raw cooking dough or brownie mix!  You may want to use caution with sauces that are made with raw eggs, such as hollandaise sauce.

While I don't want to cause alarm if you have already eaten any of these foods;  I'm sure both you and the baby are fine.  Do take extra precautions throughout your pregnancy.  There are still plenty of delicious healthy choices out there.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

They say every pregnancy is different from the one before.  This is also true when it comes to "morning sickness".  I managed to carry five pregnancies without a single moment of queasiness, yet the last pregnancy was not so lucky.

The mere sight of a food commercial or a certain smell in the air was all it would take to make my stomach turn.  I could prepare chicken because I instantly though about the animal in it's former state!  It is just amazing to me how your body can play such tricks on you.  Even through it all, I had what would be considered a mild case of morning sickness.  I was able to eat  and never had to actually run to a toilet, I was just in a state of queasy.

It can be helpful to eat smaller portions more often.  It has been shown that an empty stomach tends to make your morning sickness even worse.  Your stomach has no food to help absorb the acids so they tend to go crazy making you feel ill.  This is where the name "morning sickness" came from.  Since we do not eat while we sleep, most women feels their worst right when they wake up. 

A few of the foods that seem to work like magic are crackers, melons, pretzels, cheese, nuts, toast or yogurt.  And most of all, remember this condition will not last forever.  The end result is worth the discomfort of today.   

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With summer fast approaching I would like to just remind those of you who are pregnant or are soon to become pregnant the importance of water. 

It is very important not to let yourself get dehydrated.  A pregnant woman should drink 8 eight ounce glasses (64 ounces) of water each day.  I am certain at least one person is thinking "I will be at the bathroom every hour".  While this may be true, it is better to be in the bathroom then in the hospital.

The summer sun can drain your body of it's fluids quickly.  Plan ahead to be certain you will have enough to drink if you are going to be outside for any length of time.  Cooling your body temperature can help you to retain fluids more effectively, however it is not a solution to overcoming dehydration.

Dehydration can cause pre-term labor, miscarriage and hemoraging.  These are serious conditions that could harm the baby inside.  Some of the signs of dehydration include:

• Dark yellow urine
• More frequent Braxton Hicks Contractions
• Dizziness
• Constipation
• Dry skin

If you begin to experience any of these symptoms you should be certain to drink more and consult your physician.  

Have a safe summer. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was in a "Match Meeting" with the Intended Parents and a first time surrogate.  The surrogate's husband sat at her side, with a look like he wasn't sure why he was there.  When I asked the husband if he was prepared to support his wife through the pregnancy he shrugged and said "I'm not sure what to expect".

That is when it dawned on me that while we spend a lot of time counseling and educating the surrogate what to expect, we don't say much to her spouse/partner.  I would like to take a stand for the spouses/partners out there.

Surrogacy is a long process.  The surrogate will be in a relationship with the Intended Parents for at least a year.  It is important that you feel comfortable about who the Intended Parents are.  I would always recommend that you take an interest in getting to know the Intended Parents.  Read their profile and prepare a list of questions for the match meeting.  If there is any information you would like to know, this is the time to ask.

Once the match is made the pregnancy moves forward.  You will the one who is called on when your wife is tired.  You will need to be understanding to the fact that this pregnancy isn't something she can just put aside.  Your extra compassion and understanding will be appreciated whether she verbally tells you or not.

For what ever it is worth, the pregnancy will not last forever.  In time, you will have your wife back.  So take a deep breath and roll with the punches.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We are coming up to the dreaded "Income Tax Deadline".  By midnight tonight, many of us will know if we owe Uncle Sam or if he will be lining our pockets with a little something.

Some states allow you to use the medical costs of IVF and/or surrogacy as a tax write-off.  While this won't be the interest on your mortgage, it is better than nothing.  I would suggest that you contact your Tax Consultant or CPA to ask what the specifics are for the area where you live.

If you are just getting started down the road of treatment or surrogacy, you will want to be sure to save every receipt and invoice.  I know when I was a surrogate, I would fax the invoices to my agency and then mail the original to my Intended Parents.  The agency always took care of getting the invoice paid, while the parents had the documentation for the following years taxes.

And remember, by this time next year you will have a dependent to add!

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

"IntSo often I am asked by Intended Parents how many embryos should be transferred.  Time and time again I explain to them that their IVF Physician will talk to them on the morning of the transfer.  During this meeting, the IVF Physician will discuss the quality of the embryos they have. 

If Intended Parents go into the transfer without preconceived ideas of how many embryos they want used, then I think there would be less chance for anyone to be disappointed.  If your embryos are of high quality, you will transfer fewer of them. 

I recently read an article about a 31 year old woman in Manhasset, New York who gave birth to identical triplets.  She used IVF, had one (1) embryo transferred and that embryo split to be triplets.  So although they were being conservative about the number of embryos transferred, they still ended up with a high-risk multiple pregnancy.

Lets not forget why we're doing this....for a baby. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When I first considering being a surrogate one of the thoughts that rang through my head  was "will the intended mother get jealous of me?"  This played a big role in my decision at first. 

My concern was centered around the fact that I was helping a couple with something that the wife was not able to do on her own.  I thought about the scenario of the couple sitting around the kitchen table in the evening hours (while I'm carrying their child), that perhaps they would speak of me.  How would that woman feel? 

Since I really didn't know how to answer this question, I chose to do my first surrogacy for a gay couple (two men).  That eliminated my concern.  While my first time as a surrogate was a wonderful experience from start to finish, I knew I wanted to do it again and this time it would be for a heterosexual couple.

The first time I met the Intended Parents, I knew that my concerns were unnecessary.  Both parents were so thankful that I was willing to do this for them, that there was never anything other than a friendship.  In fact the Intended Mother and I created a lifelong bond that is unlike any other. 

I have enjoyed all my experiences as a surrogate and use these experiences as tools when I talk with surrogates and/or intended parents.  I am hopeful that I can shed a new perspective to someone out there who doesn't know what to expect.

If you are considering surrogacy, but are concerned about the dynamics of the relationship between you and the intended parents, my best suggestion is to be yourself during the initial meeting.  As long as you are yourself, you will provide a positive image to the intended parents and it will be easier for you to determine how this relationship with blossom.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Any woman who has or is considering becoming a surrogate, has the task of telling their family.  For some women, this is as exciting as reading up on other surrogates.  For others, it's not so easy. 

I was a teenager, about 16 years old, when I knew that someday I wanted to be a surrogate mother.  The idea just floated about in the back of my head for many years.  It wasn't until my husband and I had our family and I knew we were done that the idea resurfaced. 

Before I brought the idea to my husband's attention, I did all the research about it.  I wanted to be sure I could answer all his questions medically, emotionally and about the agency I was considering working with.  This may seem a bit sneaky to do all this research before he even knew the thought was in my head.  But I know my husband, an engineer, who has to know all the answers before considering an idea.  When I brought the idea to him, I was surprised by his reaction.  Once he saw this wasn't a fly-by-night idea, he was quite supportive. 

Now for the other part of our family - My kids.  I wanted them to know what I was planning on doing as well.  How would this affect them?  From what I had researched, I didn't think it would change their lives at all.  My daughter was 8 and my son was 3.  How would I explain this without confusing them about it.  This is how I explained it to them:

I want to help a family have a baby.  I am going to be like a Zoo Keeper.  When a Mommy and Daddy bird lay an egg, the Zoo Keeper takes the egg from the nest.  That Zoo Keeper is then responsible for keeping the egg warm and healthy.  The Zoo Keeper is never the eggs parents, but does everything to care for that egg.  Once the egg hatches, the baby bird inside gets to return to it's Mommy and Daddy.  This is what I am going to do.  I will have a baby in my belly, but the baby will not be ours, once it is born it will go back to it's Mommy and Daddy.

Both of kids have been to the Zoo Nursery enough times that they completely got the idea.  This excited them as much as it excited me. 

I went on to have six (6) children as the Zoo Keeper.  My entire family was supportive through each and every one of the them.   

• Email This
• Print
• Comments
• Trackbacks
• Share Link

So the news is out - Newsweek has put surrogacy on the front cover and now everybody is talking about it.

I think surrogacy is a wonderful option for an infertile couple to achieve parenthood.  I felt like Newsweek has missed this .  Their article is so focused on who and why women become a surrogate mother, yet their interviews and viewpoint are one sided.

I am a middle-class working mother who has also been a surrogate for four (4) families.  My husband and I make a good living, while we are by no means wealthy, I did not choose surrogacy for the money.  For me, surrogacy is a passion.  I love the idea of helping someone achieve a dream through something that is so easy for me to do.  The emotional rewards far out-weigh the monetary aspects. 

Through out my time as a surrogate, I have made many friendships with other surrogates.  A bit of a friendly support group if you will.  We all talk with one another and have compared pregnant bellies.  Of this group of women, none of us are military wives. 

I feel as though Newsweek is misleading it's readers by looking through a magnifying glass at one particular group of people and centering it's article on that.. 

For some women, the financial aspect may be what draws them into inquiring about surrogacy (especially in today's economy), however it is not usually the reason they continue forward with the process.   Experienced surrogates are definitely in it to help someone;  These are women who have a big heart and easy pregnancies. 

As far as the insurance issue goes, I have used my health insurance (provided by my employer) to cover my medical expenses as a surrogate.  With is not segregated to just Tricare Insurance.  

I think any national coverage which can make surrogacy more acceptable in society is a positive thing.  I just hope that as you read the article in Newsweek that you keep an open mind.  

www.conceptualoptions.com  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Today is Easter Sunday which typically is a day spent with family.  We usually have a quiet morning and then family starts to arrive for brunch and an afternoon together.  While everyone is at our house, the house is loud and the kids are running from one end of the house to the other.  By the evening everyone is ready to relax and sit quietly.

As a surrogate the holidays have an extra special benefit.  All four (4) families I have helped to have children call me on holidays.  All our lives get busy and the surrogate children, just like my own, grow bigger and have busier schedules.  Through out our day to day lives we don't always make the time to call each other.  So when we do get an opportunity to talk for 10 or 15 minutes it is always appreciated. 

Today when I was on the phone it was amazing to me that all but one of the children could wish me a Happy Easter on their own.  This was extra special.  I was able to talk with five (5) of the six (6) kids I had a hand in bringing into the world.  The sixth is too young, but I did get some baby talk out of her as well.  This makes my heart grow. 

It is moments like today that truly make me appreciate all I have. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

There is a lot of hype about whether acupuncture aids in conception with IVF.  Some professionals believe it absolutely helps while others think it is just another expense to the couple.

Eric Manheimer, a research associate at the University of Maryland School of Medicine's Center for Integrative Medicine looked at seven trials that included 1,366 women undergoing IVF.  Each trial compared acupuncture given within one day of the embryo transfer to sham acupuncture (using a placebo needle) or no acupunction.  They found that the women who had the acupuncture increased their chances of becoming pregnant by 65 percent.    This means that 10 women would need to be treated with acupunction to result in one additional pregnancy. 

It was also found that in Centers where the pregnancy rates are already high, the benefit of acupuncture was small and non-significant. 

At this time, most IVF patients who are participating in acupunction are doing so without the suggestion of their doctor.  Rather, they choose to do so themselves.   Dr. Owen K. Davis, co-director and associate professor at the Center for Reproductive Medicine and Infertility at Weill Medical College of Cornell University in New York City said "I don't think we can say conclusively that acupuncture is effective or is anywhere near being a standard care, but it's not something I would discourage someone from trying if they wanted to.  But I'm far removed from prescribing it to patients".

As a surrogate, I have worked with Intended Parents who felt it would be helpful.  I went the Acupuncturist once a week while cycling to the transfer.  Then the Acupuncturist met me at the IVF Center one hour before the transfer.  I saw her one more time before my pregnancy test.  I was pregnant, but no more pregnant than the other three times it was successful without acupuncture.  I will say that acupuncture is very relaxing.  You are at peace with yourself  while you are laying there.   

At this time incorporating acupunction into your IVF treatment is an individual decision.  If you feel better having acupuncture, then if may work for you.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Throughout my week in the office, I receive many calls from Intended Parents who are just starting to look at egg donors or surrogacy as an option.  Often they do not know what steps to take to make their dream of parenthood come true.  Thier website search had lead them to me, but they aren't sure what comes next. 

For obvious reasons, it will be necessary for the couple to have an IVF Physician or Center selected.  There are many factors you will want to consider when choosing an IVF Physician. 

• Success Rate of the Center
• Quality of Service (Compasion, Care, Cleamliness, etc.)
• Location

I would strongly suggest that you create a list of potential Centers, make an appoitment for a consultation at each and then take notes as you discuss the options with the Physician.  You can also ask to have a tour of the facility.  You wil want to see that the facility appears to run smoothly, meaning that office staff are being productive, communicating with eachother in a manner that creates a effective environment.  Are the examing rooms clean, nothing left behind from the previous patient or exams.  And most important, do you feel comfortable and possitive about the experience. 

The decision made is a personal one.  Just because a friend or family member used a particular facility, does not mean that facility will be right for you.  The best thing you can do is to research your choice before committing to your decision.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Thank you for taking the time to review my blog.  My name is Tracy.  I am a Case Manager for Conceptual Options and have been a surrogate for four families. 

It is my intent to provide readers with positive aspects of assisted reproduction.  I plan to cover a wide spectrum of information and reference material that will assist people in understanding the process. 

I will also spend time sharing my experiences as a surrogate to educate people on the emotional side and aspects that make surrogacy so rewarding for the surrogate. 

I welcome comments and suggestions.  I would be happy to provide you with the information you want to see.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

This year there has been a lot of publicity about Surrogacy in India.  While the cost for the IVF process and the Surrogate's compensation is less then here in the United States, Intended Parents are missing out.

Having been a surrogate mother, I can assure you that the Intended Parents are missing out on the entire emotional connection that happens between the surrogate and parents.  I have helped both domestic and international couples.  Regardless of how many miles are between us, there is a an overlap of compassion for each other. 

The parents going to India are not able to build a relationship, share in the pregnancy or participate in the birth with their surrogate.  They never know any personal details about their surrogate, let alone her name.  The surrogates are young women who are interested in the money to create fortune for their families. 

I find this to be a very cold way to have a child.  While I do believe the opportunity for an infertile couple to have a child is a wonderful thing.  I question at what price these parents are paying?

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link