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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What Happens When Parents Seek the Siblings of their Biologically Related Children

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

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

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

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

Click Here for the Complete Article

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

 

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Why Egg Donors Should be Compensated

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

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

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

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

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

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

Click Here for Complete Article

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

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