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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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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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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The Debate on Justice Sotomayor is About to Come to a Vote - How Does This Affect Us?

Hello, I am finally back after a long trip away in Europe. And, just in time since it appears the vote on Sotomayor will happen today.  I wanted to reiterate my previous post regarding how she may or may not vote in this area of Assisted ReproductionSee previous post here.  

In addition, since the California case involving Prop 8 may also come before her as a justice, her views will be very important to those this would affect.  On the other hand, it is clear from the news that the Department of Justice is trying very hard to get this out of the federal court system.  We will have to see where this goes in the coming months. 

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Friday Legal Updates - Fertilty & Insurance, NY Stalls Same Sex Bill, Kansas Agency, Baby Scammer, Embryo Dispute, Custody Battle & Adoption Agency Bankruptcy

Yes!  It is finally Friday, and I am ready for the weekend.  Remember, it is less than two weeks to our conference in Switzerland.  Alot of updates this week, so enjoy....

1.   California - The District Court of Appeal has thrown out an appeal by a woman struggling to conceive a chiled via IVF.  She was challenging the limited coverage provided for fertility treatment by her employer's group health care plan.  InYeager v. Blue Cross of California, she alleged causes of action for unfair competition and false advertising.  Although the employer chose not to offer $2000.00 of infertility coverage, Yeager went after Blue Cross for these above reasons, including stating that the $2000.00 offered by BC does not constitute coverage under the statute. 

2.   Kansas - Clients say that a surrogacy agency in Kansas has kept their money. "The owner of the agency, Michelle Faulkenberry, stopped returning calls from Winters and the couple, and stopped reimbursing Winters for her expenses, Winters said.

Court documents, interviews with clients and surrogates and an affidavit by a Wichita Police Department detective show complaints dating to 2001 that Faulkenberry dipped into clients' escrow accounts -- money meant to cover medical bills and other expenses -- for her own use. Faulkenberry declined to comment for this story.  Her agency, Alternative Family Building, was the second surrogate agency that Faulkenberry had started and closed, court records show.Unlike 29 other states that have some laws regarding surrogacy -- most of which void paid contracts -- Kansas does not regulate such agencies." 

In fact, the article continues with this: "Looking back, Mike said there were signs that Alternative Family Building might not have been as legitimate as some other agencies. For one, he said, Alternative Family Building's fees were much lower.  "The fees were low enough that I figured it was worth the risk," he said.

3.   Chicago, IL - Day in court for accused baby dreams scammer - A 31-year-old Chicago woman is accused of using the Internet to take advantage of desperate people.

WBBM's Steve Miller has the story of that woman - and the people who believe she should be put away forever.
 
Her name is Teandrea Watson, and she has billed herself as a surrogate mother. A beauty pageant queen. A graphic designer.  Others say Watson robbed them of their dreams - after she signed a contract to be a surrogate mother.

Teandrea Watson appears in court today, accused of cheating that man from Maryland, and his wife, out of money - and a baby they so desperately wanted.

4.   OhioEmbryo Dispute detailed in Lawsuit - Lori Johnson was excited about trying to have her third child and ecstatic that Montgomery's Bonnie Bernard would help.  "

Bernard operates a company called Embryos Alive out of her Pfeiffer Road home that links embryo donors with people like Johnson, an infertile Texas wife. "It seemed like one of those things that was too good to be true," Johnson said.  Initially impressed by Embryos Alive, Johnson eventually came to feel she was bullied by a "callous" Bernard.

A lawsuit filed by Johnson in Hamilton County - against Embryos Alive, Bonnie Bernard, her husband, Gary Bernard, and another relative, Scott Hasselring - accuses Bernard of turning on Johnson after she challenged what she considered improper procedures by the company.

"I felt taken advantage of," Johnson said. "People who suffer from infertility have a painful and costly journey. To have someone give you hope and then take your money in exchange for that hope ... is definitely salt in the wounds."  Johnson alleges Bernard and Embryos Alive defamed her with false postings on the Embryos Alive online support group board, breach of contract and consumers sales laws, fraud and misrepresentation.

5.   Florida - Two Gay Couples Fight over Custody of Child -  "Two dads face off against two moms. It's perhaps the most unique custody battle in recent Florida history and maybe the most radical verdict. Katherine and her eight-year partner, Ana Sobrino, decided to have a baby about a half-decade ago. Again and again, they tried using sperm from anonymous donors. But Katherine — a driven real estate agent then in her late 30s — couldn't get pregnant.

Enter their close friend, Ray, a handsome, gay Air Force veteran.

After some casual negotiation, he donated and Katherine conceived. In August 2006, a sweet and burbling baby whom we'll call Austin was born. Katherine put Ray's name on the birth certificate because she wanted the child to know his dad's identity - That turns out to be a big mistake.

The baby was raised mostly by Katherine and Ana at their NE 24th Street home, but Ray and his partner Craig also spent time with the boy. "[Ray] made it clear he wanted to be involved in the child's life," a counselor later wrote. He took Austin to baby music lessons. Sometimes the child would sleep over at his "da-da's" apartment overlooking a canal. Then, last fall, the mothers decided to move to California, and things got ugly.

Ray sued Katherine in November 2008. The case tells the story of two sets of gay parents — all of them loving and active in the child's life — vying for custody. "Responsibility for the child should be awarded to the mother and father equally," Ray demanded in the suit. "[I am] the natural father." 

After considering arguments from both sides, Miami-Dade Circuit Court Judge Leon Firtel on June 3 found Ray was nothing more than a sperm donor. Because there was no contract before birth, he had "no rights." Says Ray's attorney, "[The ruling] is the most tragic of my career, and I will not rest until Ray is reunited with his son."

Opposing council responds that Ray surrendered his role when he let the mothers become primary caregivers: "Ray has changed his mind about his parental role... Katherine and Ana feel like their family unit is being attacked."  A motion for reconsideration is scheduled in circuit court this week.

6.   New York - Gov. Paterson will delay his plan to force a vote on a bill to legalize same-sex marriage until early September because the Senate is too unsettled now to take it up, his spokesman said on Friday. 

“Governor Paterson believes that marriage equality is an important civil rights issue and will be working with Senate leaders to move the process forward,” said the spokesman, Peter E. Kauffmann, adding that the governor was more immediately focused on the state’s dwindling tax revenues.  Mr. Kauffmann said the governor would probably call a special legislative session in early September so lawmakers could close an anticipated hole in the state’s budget.

7.   Canada - Adoption Agency's Bankruptcy strands families -  An Ontario agency specializing in adoptions from Africa has gone bankrupt, leaving scores of families across Canada disappointed and in financial debt.  Kids Link, which operates as the Imagine adoption agency in Cambridge, put up a bankruptcy notice on their website on Monday to inform their roster of more than 200 clients of their financial difficulties.  

An official with the Waterloo Regional Police fraud department told ctvtoronto.ca that he has received many calls from clients of the agency who are worried that their money was stolen."I can tell you it's not a criminal investigation," said Sgt. Robert Zensner. "We are not investigating anyone in the company or anyone linked to the agency."  He said that could change once BDO completes their review of the agency's books.  "If they find any criminality than they would contact us but we have to wait for their review," he said. "At this point, we're hands off."

That's it!  Have a great weekend.

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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.”

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

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

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

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

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

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

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

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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 - CA Egg Donation Law, OK Restrictions, GA Embryo Law, Israel Surrogacy & Croatia Moves to New IVF Rules

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Adoption vs. IVF - a second look and Friday Legal Updates

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

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

Listen to Creating a Family: Talk About Infertility and Adoption

Now, onto legal updates:

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

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

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