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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Three women have IVF embryos destroyed after doctors fertilize them with wrong men's sperm

In the UK, it appears that an IVF clinic has fertilized three women's eggs with the wrong men's sperm.  Ouch, is all that I can say!  Thankfully, these embryos were not implanted, and the mistake was discovered before that occurred. 

As stated in the UK publication Mail Online:

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"In this case, the mistake was spotted within a few hours of the wrong sperm being put into each dish at Guy's Hospital in South-East London. The couples were told immediately.

Two years ago a watchdog concluded that the Assisted Conception Unit at Guy's was carrying out procedures it described as 'risky'. A report from the Human Fertilisation and Embryology Authority warned that embryologists at the hospital were running the risk of confusing sperm samples from different men by preparing them in the same container.

Yesterday Sue Avery, a former chairman of the Association of Clinical Embryologists, described the latest revelation as 'very serious'."

In addition, "Josephine Quintavalle, from the campaign group Comment on Reproductive Ethics, said yesterday: 'It is shocking that this can happen. These mistakes should be very hard to make - but it seems that they are in fact made rather easily.

'It is not as if the people who deal with the eggs and sperm are on a production line, churning out hundreds of embryos a day.

'They are dealing with very few and each one is incredibly important."

Friday Legal Updates - Sperm, Gay Marriage, Adoption Reversal, Italy & IVF

 

Can you believe that it is Friday already?  TGIF!  Some new developments on the legal landcape regarding IVF, adoption, sperm, equality, etc.  There is also a link to updates on Surrogenesis for those interested in keeping updated. 

Vermont – Vermont legalizes Gay marriage after voting to override the Governor’s veto, making it the first state to do so through legislation...

Indiana – The Indiana Supreme Court makes a controversial reversal…could your surrogacy borne child be next?

Texas – Mother says son would have wanted her to harvest his sperm…what are your thoughts?

United States – Sperm and the law…could your sperm bank be liable?

Tennessee – Following Equality Bills around the country.

Georgia – Embryo donation is already legal; this decision could make the adoption of these embryos also legal in the state.

Italy – Top court slightly relaxes their previously strict regulations on artificial procreation…not as relaxed as the media would have you believe.  

Surrogenesis Updates - http://www.eggdonor.com/blog/

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Friday Legal Updates - Embryo Dispute, Donor Conceived Children & Those Octuplets

 

Well, we have quite a day in legal news today. So, let’s start with the notorious octuplets –

As Sarah Palin, whether you like her or not, would say “Joe, say it isn’t so” to this one. This week I reported that this mother of eight should not be judged until “we have walked in her shoes,” but today all of the news outlets (such as LA Times, GMA, Today, etc.) are reporting that she already has six kids and reproductive technologies were used, whether IVF, Clomid, or some other means. 

Karen Hammond of the AFA stated “I congratulate this lady for having the fortitude to carry octuplets to viability, but in a sense, this birth represents a failure of infertility treatment. The majority of such high-order multiple pregnancies end with loss of all the infants, and multiple pregnancy poses dangers for the mother as well,” says Hammond.

Even Fox News made a great argument stating that the focus should not be on why she did not selective reduce, but why, if the story is true, did her physician place eight, yes 8, embryos into her uterus. I certainly hope that it was not an American physician – what will the ASRM say or do about this? Either way, I am concerned about regulation due to the actions of a few if embryos were transferred.

I think that the jury is out on this one until we get all of the facts, but here is the update. Let’s see how it turns out. What do you think? 

Now, as for the donor conceived case filed in Canada, the court has ruled as follows:

“For the first time in Canada a court has ruled on the legitimacy of a donor contract in determining the competing parental rights of a lesbian couple and a gay man who was the sperm donor.

The precedent-setting court ruling that the agreement is not enforceable could open the door for a child to have three or four recognized parents in "known donor" situations.”

At the same time, it may also have a chilling effect on lesbian couples seeking a specific donor and who want their child to know the identity of the father.

The legal dispute involves a lesbian couple in Toronto and a gay man who agreed to be their sperm donor and play an active role as a parent.

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And, finally, we have a woman who has died leaving three frozen embryos. It is stated that her fiancé, who sperm was used, wants to use his sister as a carrier.   The dead woman’s mother is poised to fight that this is not her daughter’s wishes. We will see where this one goes. 

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

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