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

It seems like I have been doing legal updates all week with the Georgia embryo legislation.  However, I do have some updates on that state, as well as a few others.  Let me know your thoughts on each one, as I think that the evolution of this field is rapidly progressing, and we all need a voice.

Georgia - HB 388 passed the House and is on its way to the Senate.  It is essentially creating an embryo adoption format for the donation of embryos to others.  As for SB169, many revisions have been made, and we will have to see where it goes.  Resolve made the following update via their site:

"UPDATE:  The Georgia Senate passed a revised SB 169 bill today, and the bill will now move to the Georgia House.  Earlier today the Senate voted to table SB 169 which essentially took the bill out of further consideration by the Senate during this legislative session.  During a break in the Senate chamber, the bill was revised once again and re-introduced.   It was then voted on and passed 34 to 22.  RESOLVE and its partners are now studying the revised SB 169 to determine the affect on infertility patients in Georgia.  Once we have given the bill careful review, RESOLVE will provide a full analysis and what the next steps should be. 

THANK YOU to the thousands of people around the country that cared about this issue.  Georgia residents responded to our call to action with passion.   NEARLY 100,000 letters, faxes, and emails were sent to Georgia Senators, BY Georgia residents, in the past 9 days.    Hundreds of phone calls were made, and the infertility community in Georgia showed up when it mattered.  We thank each and every one of you for what you have done.  You have inspired the entire country with your activism.    You are an inspiration.  You have shown us that our voice matters and our voice will be heard."

Missouri - As in Georgia, the legislature in Missouri is pushing to restrict stem cell research.  In SB 3219, lawmakers are trying to make certain that research in not done on human embryos in their state.  The bill comes in response to the President's lifting of restrictions on stem cell research. 

Quebec - Born to Surrogate, Child has No Legal Mother, Quebec Judge Rules

A Quebec woman has no legal right to the child she paid a surrogate mother to carry for her, a judge has ruled, leaving the child without a legal mother.  The judge made this decision based on the fact that the husband's sperm had been used to fertilize the surrogate's egg - leaving the husband with the only claim to the child.  In addition, surrogacy is illegal in Quebec. 

UK - Government intends to prevent donor-egg children from contacting half siblings until they are 18 

Strict rules proposed by the Government's fertility clinic watchdog is causing quite a stir from patient groups.  It appears that couples have been doing this for some time, and HFEA wants to close a loophole. 

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

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

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

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

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

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

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

Complete Press Release Here

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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