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

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.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When I read about a case such as the one below, it reopens the need for education of Intended Parents (and their surrogates) by experienced legal counsel.   Why did this Intended Parent think that this situation would work out for him in Indiana?  Was he aware of the risks?  Did he know that there were other options in other more appropriate venues, such as California? 

Well, either way, make certain that you "look before you leap," and you obtain legal counsel that can tell you of the risks and rewards of working in certain states.  I can only hope for the best for this father and his daughters.

Ruling revives controversy over twins' placement - by Jon Murray in Indiana

"The blond, blue-eyed twin girls who started life in an Indianapolis intensive care unit could hardly have known they would become the focus of a years-long interstate adoption battle.

As they took their first steps and reached other milestones under the care of the only father they have known, Indiana child welfare officials challenged the legality of their adoption.

Last week, on the twins' fourth birthday, the Indiana Supreme Court issued a ruling that threw their family into limbo by reversing the final adoption decree and ordering a new review.

Karen Zaria and Kathy Zee Melinger again are stuck in uncertainty rooted in an adoption that legal experts say should never have been granted to Stephen Melinger. The New Jersey man enlisted Monrovia attorney Steve Litz, and his company, Surrogate Mothers Inc., to arrange a surrogate mother from South Carolina."

Good luck to this family!

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Today I have included a guest post to mix it up alittle for those of you who are followers.  Enjoy!

We’ve come a long way since the early days of assisted fertility and conception and the first IVF baby. Childless couples who yearn to have child who’s biologically theirs (fully or partly) are now able to move beyond adoption and try surrogacy and ovum and sperm donation. Advantageous as they are, these issues are a major cause of legal and ethical concern. While certain groups of people abhor and are violently against any form of conception that doesn’t involve the legal sexual union of a man and a woman, there are others who are concerned about the opportunities for misuse that these kinds of fertility treatments pose.

And so we have the laws that determine ownership of the child when the sperm and/or egg are from different people. Since nature intended the woman to be the carrier and sustainer of the child for the first nine months, surrogacy involves a third party who has to be female. And this gives rise to a new complication – how do we assign ownership or claim a lack of it when a woman “rents” out her womb for nine months? It’s a well known fact that motherhood starts the moment the child is conceived – the woman carrying the child is able to feel a distinct emotional connection and bonding with the baby even before it is born.

And this is why it’s understandable that some surrogate moms are reluctant to hand over the children they have carried to term to the intended parents as they originally planned to. Looking at the issue beyond the emotional context, the law says that a surrogate is deemed the biological mother if her own eggs have been used for the fertilization process. The sperm donor, even if he is the intended father, is just that in the eyes of the law – an anonymous sperm donor who has no biological claim over the child conceived and born. On the other hand, if the child is conceived using the intended mother’s egg (or a donor egg) and the intended father’s sperm (or donor sperm), the surrogate has no biological claims over the child she carries.

It is in the best interests of intended parents to make sure that they take care of all the legal loopholes that are possible when they want a child through assisted fertility methods, by hiring a good agency and by retaining sound legal counsel to draw up the necessary papers well before the whole process begins. A few complications that may arise are listed below:

• The surrogate mother may not want to give up the child once it is born.
• The intended parents may be separated or get divorced before the child is born. In this case, either both parents may not want the child or both may want it and an ugly custody battle may be in the offing.
• One of the intended parents or both of them may die before the child is born.
• If the couple is of the same sex, they need to take into consideration the local laws relating to surrogacy and same-sex adoptions.  

Ensuring that nothing is left to chance is the only way to save yourself a bunch of emotional and legal hassles and take home a healthy baby that’s all yours in nine or ten months.

By-line:

This post was contributed by Holly McCarthy, who writes on the subject of jobs in criminal justice. She invites your feedback at hollymccarthy12@gmail.com

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer 
www.EricksonLaw.net

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

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

I read this post from an attorney in Georgia, who became involved when child support became an issue - yes, child support.  This Surrogate is truly an angel, and let's be glad these types of cases are rare.  I just wanted to add this one to make everyone go - ouch....

"Various issues arise as the concept of surrogacy comes before the legislatures of the country.  One case that I handled for the Attorney General’s Office dealt with a surrogate mother, and is an example of how crazy surrogacy issues can become.  This lady had been hired to have a baby for a multi-millionaire.  He was not married and seemed to be tiring of his fortunes when he decided that he would like to have an heir.  The surrogate mother gave birth to a healthy little girl and the man accepted the child, made payment, and went on his merry way.  Then two months later, the man had one of his “assistants” drop the baby back off at the surrogate mother’s home with a note stating that he simply could not emotionally handle the responsibilities of being a parent. "

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With the media, including the Wall Street Journal and Fox News, focused on how the economy is causing more women to sign up as egg donors and surrogates, our industry needs to be sensitive to this.  Specifically, we need to be certain that these women are doing it for the right reasons, as well as for the money. 

There is quite a bit for them to think about before committing themselves to this process, to include medical risks, the emotional aspects and the time commitment. This process is not an easy buck for anyone, and the reproductive community needs to make certain that we do all that we can that they are thoroughly and adequately informed. 

Click Here for an Article on this Subject

Click Here for a Similar Article on this Subject

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

After a 10 week battle, it appears that the Japanese baby girl born through Surrogacy in India will be finally going home to Japan. The Supreme Court in India ruled today that the little girl needs to be issued a passport and travel documents for Japan. The passport office in India stated that the passport and travel documents are being issued stating that the little girl is a citizen of Japan since that is where her father is from and lives. This is a huge decision and a happy one at that.

Click Here for Entire Article

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A judge in the state of Ohio took an encouraging step in the right direction for Assisted Reproduction Law. The judge ruled in favor of a single father, who used IVF and surrogacy to conceive his twins. However, he was not listed on the birth certificate; instead the surrogate was listed as the only known parent because Ohio state law did not recognize surrogacy. The judge in this case rule that the father’s name could be put on the birth certificate as the children’s biological parent. This is a huge step for surrogacy in the state of Ohio.

Click Here for Complete Article and Pictures

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It seems as though the same question keeps getting posed to me by both Intended Parents and Surrogates alike.  Once the match is made what happens? 

When the initial call to a surrogate is made to let them know that there are Intended Parents interested in working with them, the time to meet is usually made within a weeks time.  Before they know it the meeting takes place, the next day (sometimes two) the match is made and then what?  This is when patience plays a big part.  While on the management end of the case, we are busy getting the proper paperwork to the Intended Parents, the surrogate is not seeing any action.

It usually takes about a week before we have the right paperwork returned from the Intended Parents in order to send the surrogate the "Match Agreement".  Once the Match Agreement is signed and returned by the surrogate we will provide her with the Referrals to all the professionals she will need to contact.  It is the surrogate's responsibility to contact the Psychologist and the IVF Center to schedule screening appointments that fit their schedule.  While the surrogate is the person making these appointments, it is also very important for us to know these dates as well. 

Once the screening is complete, it is time for the contracts.  The contract phase can take up to four weeks to complete.  Most surrogates get anxious and begin to worry that something went wrong or did the Intended Parents back out, etc....  This is not the case.  It takes time to draft the contract, then the intended parents need to have contract review with their attorney, then it gets forwarded to the surrogate.  At this point it's the surrogate's turn.  She needs to have contract review with her attorney and then any changes are submitted to the intended parent's attorney and the negotiation goes on until all parties are happy with the contract.  Once the contract is in it's final form, this is when it is signed by each party.

Now that contracts are final, the surrogate may start medication.  Now things feel like they're moving again!  The surrogate will be going to the doctor's regularly for blood labs and ultrasound appointments.  Before you know it the Transfer Day will be here. 

Now that the embryo(s) have been transferred, it's time to wait again.  Most doctor's will perform the blood pregnancy test 10 to 14 days after the transfer of the embryos.  And you thought it felt like forever for the contracts to be complete!!!

This of course is just the start. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This year there has been a lot of publicity about Surrogacy in India.  While the cost for the IVF process and the Surrogate's compensation is less then here in the United States, Intended Parents are missing out.

Having been a surrogate mother, I can assure you that the Intended Parents are missing out on the entire emotional connection that happens between the surrogate and parents.  I have helped both domestic and international couples.  Regardless of how many miles are between us, there is a an overlap of compassion for each other. 

The parents going to India are not able to build a relationship, share in the pregnancy or participate in the birth with their surrogate.  They never know any personal details about their surrogate, let alone her name.  The surrogates are young women who are interested in the money to create fortune for their families. 

I find this to be a very cold way to have a child.  While I do believe the opportunity for an infertile couple to have a child is a wonderful thing.  I question at what price these parents are paying?

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link