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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Who is Entitled to Becoming a Parent? Does Age, Marital Status or Sexual Orientation Matter?

I have been pondering all of the recent media attention regarding acccess to IVF and age, remember the "World's Oldest Mom," and Michael Jackson's children created via IVF and surrogacy (and possibly egg donor and/or sperm donor).  Again, I am surprised by the number of people who want to restrict access to IVF, or more importantly access to having a family.  They want age limits, marital status limits, as well as sexual orientation limitations. 

Now, for those of us who have families, we may or may not have walked in the shoes of those that cannot have children on their own without the help of medical intervention or adoption.  But, I will tell you that I am not any more entitled to having my children than Michael Jackson or even Maria del Carmen Brousada.  Why, you may ask? Because having a family is something that is inate in all of us - albeit some stronger than others.  And, when I have stated in the past that it is a biological imperative, I do not mean the need to pass on genes - I mean the inate human desire deep in our DNA to have a family - to be a part of something bigger than ourselves. 

With that in mind, why should gays and lesbians be restricted to having children via IVF or adoption?  In fact, a study recently out of Tufts University School of Medicine stated that they found "overwhelming" that these children of same sex couples do as well as those children of heterosexual parents.   

Now, back to the age issue, do I think that this woman had a right to treatment?  Yes, I do; but, I also think that her age placed her and her children into harm’s way as far as their health during the pregnancy was concerned.  And, should are worry carry over into being concerned for their health and livelihood after her death?  Well, I did not know Maria, nor do I know if she provided for them financially after her death or if she provided them with guardians who will love and take care of them as if they were their own.   But, this is an issue again that all parents must deal with one way or another regardless of age - her risk factors were just higher. 

As for Michael Jackson, we are learning so much more about the life that he too created with these children whom he dearly loved and wanted to protect from the media spotlight.  Let's take out all of the allegations of child molestation for a minute and only address those children.  Should he have children because he wants them or because he can afford them?  Or, should he be able to have children so long as the allegations were not proven? 

Oh, and by the way, all of those pundits out there claiming he is not the father since he did not adopt them - you are way off base.  Adoptive and foster parents also do not need to worry since surrogacy, egg donation, and sperm donation is a different area of law, specifically here in California.  Whether he used sperm donors, egg donors and/or surrogates, he is the father of these children, with Debbie Rowe being the only possible outsider with a chance at custody.  And, despite reports she did not make Michael the adoptive father by signing away her rights - and no need for an adoption. 

Ultimately, as a country, we do need to take all of this into consideration, but we also need to allow doctors and their patients to make the best decisions for their family, their bodies, and, most of all - the children that we are creating. 

What are your thoughts on today's ponderings?

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CBS Morning News & Surrogacy

There is a tentatively scheduled broadcast regarding Surrogacy this coming Sunday the 25th of January.  It is likely to feature myself, Melissa Brisman of New Jersey, a surrogate from Melissa's office, the staff and doctors at La Jolla IVF, as well as a surrogate and couple from Conceptual Options.  Check your local listings for CBS Morning News.

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

 

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Foods to Avoid During Pregnancy

We all know the basics about what not to do while pregnant;  don't smoke, don't drink alcohol,  don't take drugs, don't clean the cat's litter box, etc.  Did you know that there are foods you should avoid while pregnant?

There are some foods that need to be avoided due to the risk they pose on the growing baby.

Pregnant women should make sure that all meat they eat is fully cooked.  That means no more rare steaks or burgers.  Raw meat can contain salmonella which will make both the mother and baby sick. 

Listeria is a bacteria that can cross the placenta and cause infection or blood poisoning to the baby.  Some soft cheeses like brie, feta and Gorgonzola can contain listeria.  These cheeses don't always use pasteurized milk leaving it susceptible to bacteria.  If you are wanting to eat  these cheeses, check the label to make sure it is made from pasteurized milk, then you and the baby will be safe.  Cold cuts can also contain listeria.  If you heat up the meat before eating it, that will reduce the risk.

Fish has become a concern to pregnant women.  Shark, swordfish, king mackerel, and fish used in sushi are all known for having a higher mercury levels than other fish.  High levels of mercury have been directly linked to developmental delays and in some cases brain damage.  It is also recommended to avoid raw shellfish during pregnancy.

Pregnant women should avoid raw eggs.  Raw eggs can also contain salmonella.  This means no snacking on raw cooking dough or brownie mix!  You may want to use caution with sauces that are made with raw eggs, such as hollandaise sauce.

While I don't want to cause alarm if you have already eaten any of these foods;  I'm sure both you and the baby are fine.  Do take extra precautions throughout your pregnancy.  There are still plenty of delicious healthy choices out there.

Overcoming Morning Sickness

They say every pregnancy is different from the one before.  This is also true when it comes to "morning sickness".  I managed to carry five pregnancies without a single moment of queasiness, yet the last pregnancy was not so lucky.

The mere sight of a food commercial or a certain smell in the air was all it would take to make my stomach turn.  I could prepare chicken because I instantly though about the animal in it's former state!  It is just amazing to me how your body can play such tricks on you.  Even through it all, I had what would be considered a mild case of morning sickness.  I was able to eat  and never had to actually run to a toilet, I was just in a state of queasy.

It can be helpful to eat smaller portions more often.  It has been shown that an empty stomach tends to make your morning sickness even worse.  Your stomach has no food to help absorb the acids so they tend to go crazy making you feel ill.  This is where the name "morning sickness" came from.  Since we do not eat while we sleep, most women feels their worst right when they wake up. 

A few of the foods that seem to work like magic are crackers, melons, pretzels, cheese, nuts, toast or yogurt.  And most of all, remember this condition will not last forever.  The end result is worth the discomfort of today.   

Ectopic Pregnancy - A Thing of the Past

There is a new test on the forefront of identifying ectopic pregnancies.  The test is being developed by doctor's at Queen's Hospital in the UK.  The test involves a blood test that could result in earlier diagnosis of the ectopic pregnancy. 

Ectopic pregnancies is increasing.  20 years ago the rate was 1 in 200 pregnancies, today the rate is 1 in 60 pregnancies in their 30's.  Experts blame the growing trend to put off motherhood until later in life, making it more difficult for the embryo to reach the womb before it implants.

The new diagnostic test is based on testing for eight "markers" in the blood, which show up between four and six weeks into a pregnancy.

An early diagnosis will mean that patients can be treated using just an injection, rather than having to have surgery.

This new test could save lives and provide a second chance to women to have a child.