Egg Donation = Prostitution? Are You Kidding Me?

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

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

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

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

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

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

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

Again, just my two cents.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

http://www.theafa.org or  888.917.3777 

UCI Egg Stealing Case Appears to Have Finally Settled

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Fertility Tourism - Where Do You Go From Here?

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.

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FRIDAY LEGAL UPDATE - The Donation of Gametes and the Donation of Kidneys - Where Do We Draw the Line?

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

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

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

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

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

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

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

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

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Does Theresa Erickson Eat Cupcakes?

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.

Friday Legal Updates - California Bill, Chicago Scammer, Ohio (oh, my), DC & same sex couples, & International Issues

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

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

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

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

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

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

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

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Who is Entitled to Becoming a Parent? Does Age, Marital Status or Sexual Orientation Matter?

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

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

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

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

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

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

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

What are your thoughts on today's ponderings?

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Friday Legal Updates - Donor Offspring, IVF Blunder in UK, Michigan Embryo Legislation & More

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

Now, onto the updates:

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

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

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

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

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

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

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

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

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

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

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

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Egg Donor Anonymity & Privacy & the Reality of the Google World

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

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

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

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

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

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

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

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Friday Legal Updates - Posthumous Conception and Social Security & Conference Reminder

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

Donor Anonymity - What Do You Think?

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

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

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

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

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

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

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

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

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

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

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

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

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

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Friday Legal Updates - India Surrogacy, Stem Cell Research, Surrogacy Abroad & More

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

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Erickson Law and Conceptual Options, a Center for Surrogacy & Egg Donation Announces European Conference on Surrogacy & Egg Donation

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.”

The Surrogacy & Egg Donation Center at Conceptual Options, LLC announces their Third Party Assurance Program

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

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

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

About Conceptual Options, LLC & Surrogacy Lawyer Erickson

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

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The Egg Donation and Surrogacy Professional Association Meets with Assisted Reproduction Experts

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

Here is the press release as follows:

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

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

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

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

About EDSPA

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

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Friday Legal Updates - Surrogate Insurance, Colorado Legislation, Georgia Embryo Adoption Bill, Lost Embryos & Surrogacy

Happy Memorial Day Weekend to all Americans - whether here or overseas!  I plan on taking off early today and spending Monday at home with my family. 

Well, here are this week's legal updates.  Enjoy!

Los Angeles, CA - New Life Agency Continues to Trial Against Beitler Services in Pursuit of Payments fro Surrogate Maternity Claims - Press Release Here

Colorado - Colorado Gay Couples Ok'd to Adopt - new legislation allows joint adoption of children by unmarried couples.  Colorado is now the 10th state in the country to allow such second parent adoptions.

Georgia -The governor has signed and passed the nation's first embryo adoption bill on May 18th.  What do you think of this law and how it will affect those opting for embryo adoption/donation?  What about the additional costs?

Massachusetts - Quincy Couple sue Boston Hospital over destroyed embryos - oops!  This is not good. 

"Destruction of the embryos amounts to gross negligence on the part of Brigham and Women’s Hospital and several members of its staff, the suit filed Thursday in Norfolk County Superior Court contends.

In a statement, the hospital said: ‘‘We are deeply sorry; we informed the couple as soon as we became aware and have apologized to our patient and her husband. We hold ourselves responsible for not ensuring the proper care of our patient’s embryos. We are improving our policies and procedures, adding an increased level of oversight to prevent this from happening again.’’

Julie Norton was diagnosed with rectal-colon cancer in 2001 at age 29, less than a year after the couple married.

The Nortons were told that the surgery and radiation and chemotherapy treatments Julie Norton had to undergo would greatly diminish her ability to have children, according to the suit.

The Nortons consulted with Dr. Elizabeth Ginsburg, the director of the hospital’s in vitro fertilization and assisted reproductive technology programs, and decided to harvest some of Norton’s eggs and cryo-preserve them after they were fertilized. "

Queensland, AU - Altruistic Surrogacy to be decriminalized - this is a move to make it easier for gay and lesbian couples to become parents. 

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Tips for Those Dealing with Infertility

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?"

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