Happy Friday to everyone. We have alot of information for today's updates so let me know your thoughts and experiences.
North Carolina - This information was sent to me by a colleague in the field, and I felt that the information was essential to pass on for review and/or action.
THIS BILL WILL BE HEARD IN THE HOUSE HEALTH COMMITTEE ON TUESDAY, MAY 6TH AT 12 NOON.
I am writing to those individuals who I think might have an interest in the status of HB 510. The sponsor of the bill graciously invited me to participate in a meeting regarding this bill with the judge and Institute of Govt. person who were instrumental in the drafting of this bill.
The intent of the drafters are to allow surrogacy agreements in NC which is a good thing. However, they are taking the position that people should be grateful they are doing this and be willing to accept the limitations that are imposed by the bill. In one sense, the bottom line is that this bill will help those who have the least problem getting pre-birth orders, i.e. married couples who use IVF and are genetically related to the child to be born. Other individuals - such as unmarried couples and those who don’t know or can’t afford to follow the procedure - will probably not be able to get pre-birth orders.
MOST SIGNIFICANT ASPECT OF BILL: PARTIES TO AN AGREEMENT MUST GO TO COURT PRIOR TO EVEN PREGNANCY TO GET JUDICIAL APPROVAL OF THEIR AGREEMENT. IF THEY DO NOT, THEY WILL NOT BE ABLE TO GET A PRE-BIRTH ORDER
OTHER ASPECTS OF BILL THAT MAY BE OF CONCERN:
1. 52D-1(1) - must do procedure through doctor - no self-insemination.
2. 52D-1(3) - surrogate must have already had a child.
3. 52D-1(6) - if married, both spouses must be Intended Parents.
4. 52D-2(d) - requires judicial preapproval of surrogacy agreement (SA) even before gestational carrier (GC) becomes pregnant.
5. 52D-5 - requires notice to court if agreement terminated before pregnancy and serve on all parties.
6. 52D-4(a) - requires hearing and testimony from each party.
7. 52D-4(a)(2) - requires all parties to consult with attorney.
8. 52D-8(a) - limits enforceable SA to only those done pre-pregnancy.
9. 52D-8(b)-= makes GC mother if agreement is not validated
10. 52D-8(c) - if no validated SA, IP is not legal parent but is held liable for child support to GC.
MAJOR POSITIVE ASPECT OF BILL: Will give court authority to enter order declaring a non-genetic intended parent as a legal parent who can go on the birth certificate. Currently, it has been difficult, if not impossible, to get a court to enter a pre-birth order for a non-genetic parent (such as when embryo is created from anonymous egg donor and husband’s sperm).
I am not sure if in the end this bill will be helpful or limiting. The bill certainly has a long way to go before it becomes law. This memo is to provide you information so if any of you want to be involved with what happens to this bill, you will have the information you need.
You can get a copy of the bill at: http://www.ncleg.netwww.ncleg.net/Sessions/2009/Bills/House/PDF/H510v1.pdf.
Missouri - Life-Related Bills Linger in State
"A bill in the Missouri House, HB810, sponsored by Rep. Robert Schaaf, R-St. Joseph, would limit the number of embryos a physician can implant during an in vitro fertilization procedure. Limits would be based on the current number recommended by the American Society for Reproductive Medicine, which ranges from one to five, depending on a woman’s age.
As of Review press time, the House Healthcare Transformation committee had passed the bill, but it had not moved to the House floor.
Deacon Weber said the MCC opposes the bill, noting that if it is made into law, legislators are “giving the blessing of the state for doing this unethical procedure.” If passed, it would be the first law in the state that addresses the in vitro procedure, he added.
Several other Catholic leaders in the archdiocese said that the bill should serve as an opportunity for the Church to reiterate her teachings on creating human life by artificial means.
Even if the number of implanted embryos is reduced according to American Society for Reproductive Medicine guidelines, in vitro fertilization and embryo transfer still constitutes “taking the creation of new life out context, which is supposed to be within the loving relationship of a husband and wife,” said Father Donald Henke, assistant professor of moral theology at Kenrick-Glennon Seminary. "
Nationwide - Taking a Stand for Ethical Donor Agencies
"We understand that many of these young women looking into egg donation are motivated by the compensation, but that should never override good sense. Here are a few questions they should ask their agency upfront in the interests of ensuring informed consent.
- What are the health risks, specifically and statistically?
- How many donation cycles do you allow?
- What’s your level of experience, based on total donor cycles completed?
- Do you provide qualified legal representation for donors?
- Do you provide insurance in the event of medical complications?
- What does your donor screening process entail?
- Can I talk to your current and past egg donors?
As the fertility industry grows, it’s up to us to make sure we’re meeting the highest standards of practices and behaviors, and follow guidelines established by the American Society for Reproductive Medicine. ARR developed a code of ethics to help protect our donors, surrogates and intended parents through this process. However, donors must remember that it’s their bodies and no one is as deeply vested in their health as they are."
International - Couples Turn to Overseas Support in Quest for Family
As I tend to be very risk adverse, I found this article to be a cautionary tale for everyone who wants to save costs while accepting more risk.
As the author states, "They need to think about the minefield of the current law before, not after they enter into what the judge described as their “entirely innocent voyage of discovery”
My final point is that the judge made it clear he could not imagine why a parental order would ever be refused by the Court in the interests of a child’s welfare. He thought the last real opportunity to consider the commerciality of the surrogacy arrangement, and grant or deny temporary leave for a child to enter the country, would be by the immigration authorities."
China - Crackdown on Surrogate Mother Industry
"Surrogate mothers are more in demand than ever in China, as wealthy infertile couples look to others to bear them babies. Officials have largely turned a blind eye to this underground womb-for-rent industry that defies the country's strict childbirth laws. But now, there are signs the authorities are starting to crack down by forcing some surrogate mothers to have abortions....
Underground networks of surrogacy agents, hospitals, and doctors have spread in recent years as infertile Chinese couples with money hire surrogates to produce babies for them. The surrogates are often confined to secret flats for most of their pregnancy to avoid detection, while fertility, obstetrics and childbirth procedures for the mothers are often carried out discreetly by medical staff at public hospitals and health clinics with links to agents. With around one in six couples in the US now estimated to be infertile and with similar rates in China, surrogacy agencies have been recruiting girls, often from poor villages, to have babies on behalf of prospective parents, in ever greater numbers"
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