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

Rules Committee passes SB 169 - heads to a full Senate vote TODAY!  According to Resolve, they have issued the following statement:

Georgia Bill to restrict IVF patients goes to Senate vote.
Add Your Voice to Stop This Bill This Week!

UPDATE: On Wednesday, March 11 the Georgia Senate Rules Committee passed SB 169, sending it to the full Senate for a vote.  The vote will take place sometime Thursday, March 12. There will be no testimony from the public allowed. 

GA RESIDENTS we URGE you to act today, March 12:
1.  Continue to call, write and fax every Georgia Senator. If you already sent a letter, send another one! To send a NEW letter to every Senator, click here.
2.  Call every Senator and tell them "I oppose SB 169".  For a list of Senators, follow this link, then click on each Senator's name to find their office phone number.  http://www.legis.ga.gov/legis/2009_10/senate/senatelist.php
3.  Come to the Capitol!  We urge you to come today, March 12 between 10:00 AM and 7:00 PM. Come to the 3rd floor and you will receive further instructions.  Click here for more details about how to prepare.

In addition, according to AJC, the House has passed the following bill:

"The state House on Thursday passed a bill that could make Georgia the first state in nation to provide adoption of human embryos.

House Bill 388 passed in a 96 to 66 vote that fell mostly, but not entirely along party lines. Most Republicans voted for it, most Democrats voted against.

State Rep. James Mills (R-Gainesville), the bill’s author, presented the Option to Adoption Act as a safeguard against mothers who agree carry the fetuses of infertile couples from refusing to give up the infants after birth.

Some opponents characterized the bill as a back door attempt to outlaw abortion.

One conservative Republican, state Rep. Bobby Franklin (R-Marietta) argued that the bill amounts “to openly trafficking (embryonic) humans to the adoption market.”

But state Rep. Mike Jacobs (R-Dunwoody), a co-sponsor, disputed both arguments.

“There is no hidden agenda here,” said Jacobs. “This is a good pro-family bill.”

What are your thoughts on this legislation in Georgia obviously in response to the "Octomom?"

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According to Medical News Today and National Partnership, it looks as if the Georgia bill (SB169) is “dead” until next year. We had all suspected that this would happen, but again, we need to remain vigilant, as they may try and slip it through next year. 

This Georgia bill was the first attempt in the US to restrict the number of embryos implanted into a woman following IVF, and is now being following by Missouri. Critics, such as Resolve and AFA, feel that the bills will produce devastating effects on those who want to have children but cannot without the help of IVF.

I am certain that this topic will be greatly debated at ASRM this year, and I look forward to being a part of that. I would also like to know what your thoughts on this are and how you can help this sort of “reactive” legislation from being enacted in your own state?

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In order to keep everyone posted on the situation on the ground in Georgia, Resolve has updated us with the following information, as the Georgia legislature has yet to update their site.

"UPDATE!  The Special Subcommittee formed last week to provide time to study SB 169 met this morning at 9:30 a.m. for 30 minutes.  A new version of SB 169 was introduced.  The new version was voted on by the full HHS Committee at 10:30 a.m. this morning and the bill passed by a vote of 7-6.  The revised SB 169 bill will now go to the Rules Committee where further changes may be made, then to the full Senate for a vote, perhaps as early as Wednesday.  The revised SB 169 bill has not been posted online but RESOLVE will post a link to the revised bill as soon as possible. "

Ladies and Gentleman of Georgia, we need to continue contacting the legislature in the State of Georgia to let them know this needs to be stopped for the sake of families everywhere.

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Georgia – Update from this week’s legislation n Georgia. SB169 has already been addressed at the subcommittee level, and they have made some decisions, although not certain what they are at this time. In fact, this went through much quicker through subcommittee than others had suspected – which is why I told everyone yesterday that the “best defense is a good offense.” Now is definitely not the time to sit back and wait. 

The legislature is also hearing bill HB388 today, which effectively would to change the definition of "child" to include a human embryo. 

As for SB 204, it is expected to be heard next week, which effectively would make embryo donation follow the same rules as adoption. 

Missouri – Rep. Dr. Rob Schaaf, a Republican, has proposed state legislation intended to prevent any woman undergoing IVF there from following the “Octomom’s” example. His bill, HB810, if passed would limit the number of embryos a physician can implant into a woman as delineated in the guidelines via the ASRM guidelines. Of course, this bill will then subject doctors in the state to discipline by the Missouri Board of Registration if the rule is violated. The legislation does not prevent physicians from recommending that women can seek fertility treatment outside of the state. ASRM supports this bill.

New York – A New York Appeals Court has denied a couple the right to their son’s sperm in order to have a grandchild with the help of a surrogate mother. The son left sperm samples back in 1997, but ordered them destroyed if he died since his intent was to father a child if he survived his cancer, which he did not. A judge stated that state law bars the use of stored semen by a surrogate without certain blood tests, which can no longer be done.

UK – According to the Human Fertilisation and Embryology authority, a single woman can name “almost anyone” as a second parent after IVF, man or woman, so long as they agree. This new Act goes into effect on April 6 and the only restrictions will be naming a blood relative or lack of consent by the person. This Act nows opens the doors to lesbians both being named on the birth certificate, which is a big step. Sperm donors cannot be named unless they consent.

Korea – The South District Court in South Korea rejected a lawsuit about the egg donation procedures used in the cloning research of disgraced former Seoul National University researcher Woo Suk Hwang. Two women who had donated eggs through the University brought he lawsuit against the Korean government, MizMedi Hospital and Hangyang University Hospital. The government’s case again Hwang continues.

Ireland – The Supreme Court rejected a woman’s request for the right to make additional submissions in a appeal to determine the fate of three frozen embryos between her and her estranged husband. This woman contentions involve the issue that an embryo is an “unborn.”   The case itself between the couple remains open. 

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It appears that the Georgia legislature has "tabled" the legislation of Senate Bill 169 for now by sending it to a subcommittee for more research.  With research, it appears that they are going to have the legislation lay low until we don't notice.  Apparently, the backlash against the legislation was more than they can handle at this time -  (sarcasm intended)

As I said yesterday, this legislation is scary to say the least.  In fact, after a more thorough review of the bill today, I discovered that it was intended to also eliminate all forms of payment to gamete donors, which potentially can eliminate this option for many people.  

Furthermore, after reading an article by Laura Douglas-Brown, Editor for the Southern Voice, I found that it also limited ART to gay couples and individuals by throwing in a small piece as follows:

"The creation of an in vitro human embryo shall be solely for the purpose of initiating a human pregnancy by means of transfer to the uterus of a human female for the treatment of human infertility." [emphasis added]  Her article can be found at  Octomom' endangers lesbian, gay parents in Georgia.

So, essentially, the moral of today's story is that we need to keep on top of this issue before it restricts everyone's right to procreate.

Also, see the following article from Slate: Hijacking the octuplets backlash to restrict IVF

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Well, I hate to say it but the Octomom did it again.  Georgia legislators have now moved to do the following:

"One bill would limit the number of eggs that could be fertilized to three, and only that number could be implanted in the woman. The other bill creates a legal mechanism for the adoption of embryos."  In fact, this situation would place an unwanted burden on those wishing to go through embryo donation, including court proceedings, home studies, etc. 

Sen. Ralph Hudgens, R-Hull, introduced Senate Bill 169 to prevent a situation in Georgia in which an unemployed woman gives birth to eight babies."Both bills are being proposed in order to ring in the excessed of the fertility industry; however, others think it is a way to restrict abortions. 

Embryo Bills Looks at Legal Limitations

Information that I just received is that it has passed Committee, and it is on its way to the Senate, where it is expected to pass.

I am including information from Resolve below for more ways to get involved!

Dear Georgia Residents,

RESOLVE: the National Infertility Association needs your urgent and immediate action on a bill introduced in the Georgia State Senate. The Bill is SB 169 and would severely impact the ability for a patient to receive treatment for infertility in Georgia.

Senate Bill 169 would restrict doctors' ability to perform IVF in accordance with best medical standards.  Here are the key provisions:
-  No more than 2 or 3 eggs could ever be fertilized in a cycle; if a woman produced more eggs, they still could not be used.
-  Only 2 embryos could ever be transferred to the uterus, unless the woman is age 40 or over (then a max of 3).
-  No extra embryos could be cryopreserved.  If they are created, they have to be transferred.
-  No financial relief, such as insurance coverage, is proposed to help with the added financial burden of using less effective treatment.  Patients will still have to pay out of pocket for less effective treatment.
- Bans all financial compensation for donor gametes, such as egg donor, sperm donor, or embryo donation, which would greatly reduce the pool of available donors in Georgia.

The Georgia Senate Health & Human Services Committee will hold a hearing on this bill: SB 169 this Thursday, March 5, at 9:00 AM in Room 450 of the State Capitol. At the hearing, the committee will hear testimony on the bill.  RESOLVE will be testifying as will a number of physicians in Georgia.  RESOLVE and the American Society for Reproductive Medicine (ASRM) oppose. this bill and consider it bad medicine for infertility patients. The hearing is open to the public and RESOLVE encourages you to attend the hearing and send a letter to the Committee members before Thursday. To send a letter immediately, click here:

https://secure2.convio.net/res/site/Advocacy?cmd=display&page=UserAction&id=219

RESOLVE is asking Georgia residents who care about open access to the best care possible to let the Committee members know before Thursday that you oppose these two bills.  To send a letter or fax to the Committee, simply click https://secure2.convio.net/res/site/Advocacy?cmd=display&page=UserAction&id=219

for a letter template that will be automatically sent to each of the Senate Health & Human Services Committee members. You can also call your state Senator even if they are not on the Committee and tell them you oppose these two bills.  A full list of the Committee members can be found by clicking on the link below, then clicking on the Senators name for a link to their direct contact information:

http://www.legis.ga.gov/legis/2009_10/senate/health.php

To find your senator, please go to:

http://www.legis.ga.gov/legis/FindLegislator.htm

Sincerely yours,

Barbara Collura
Executive Director, RESOLVE

To view the full text of the bills please follow the links below:

SB 169:  http://www.legis.state.ga.us/legis/2009_10/sum/sb169.htm

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