Compared with places like Italy, the Middle East, England and Canada (specifically with regard to paid gamete donation in these last two countries), the fertility industry in the United States has been likened to the “Wild West” – a loosely regulated landscape where anything is possible. This is just not true. The FDA, the mandates of various states vis a vis gamete donation (New York is prominent here), the ASRM (even though it oversteps its bounds with attempts at economic regulation) and the internal administrative policies of many responsible IVF clinics prove that significant regulation exists to shape appropriate conduct and safeguard the health of all IVF patients and egg/sperm donors. I think that we need better and more refined regulation so that we cut the lag time between scientific advancement and policies designed to effectively govern practice. But little regulation in the US? Not the case.

Sanford M. Benardo, Esq, president of ACARAL and Northeast Assisted Fertility Group, will be a guest on ABC’s The View.

Airing Friday, June 24th at 11:00 AM the episode will focus on Surrogacy and will also be co-hosted by special guest Giuliana Rancic. The episode will also be available to watch on The View‘s website.

Opinion available below:

#Opinion

The child was created with her husband’s sperm and a donor egg.   The resultant embryo was then transferred into a gestational carrier who gave birth to the child.   The married woman argued that if she was artificially inseminated with donor semen, her husband would be considered the legal father pursuant to New Jersey statute.   While the statute does provide for legal recognition of the husband, the Court distinguished this case and required an adoption.

http://www.adoptionblogger.com/adoption_law_blog/2011/02/new-jersey-appellate-division-intended-non-biological-mother-must-adopt.html

A surrogate (gestational carrier) is under contract to deliver a baby that is not genetically hers to someone else (intended parent(s)) and is paid for her time, effort and risk in being pregnant.  She does not wish to take physical custody and raise the baby post-delivery and, indeed, is legally prohibited from doing so.  Her insurance company is right not to underwrite her prenatal care and delivery expenses in such a situation, regardless of the fact that this trend towards virtually uniform exclusions in policies makes surrogacy even more of a financial burden for so many people.

http://adoptionlawyer.typepad.com/adoption_law_blog/2011/01/louisiana-unanimous-three-judge-ruling-goes-before-16-federal-appeals-court-judges-today.html

See   http://adoptionlawyer.typepad.com/adoption_law_blog/2011/01/parentage-for-gay-men-granted-without-adoption-by-connecticut-supreme-court.html

The topic of Theresa’s talk is: “The Practice of ART Law from a Practitioner’s Perspective – How Law and Science Interact in the Real World.” Sanford’s talk will be on the concerns of recipients and concerns of donors in egg donor contracts.

Click here for more info.  (The symposium can always be viewed live via web.)

Web sites like surromomsonline.com have emerged because potential traditional carriers (considerable legal risk) and gestational carriers (less legal risk, generally, but only if structured properly) are looking for a more “personal” connection with eager intended parents.  The motivation behind this is commendable, but when carriers advertise that they “already have a contract to use” and other such dangerous measures to circumvent the complexity that is part and parcel of a surrogacy arrangement, serious red flags should go up.  Intended parents often try to “go independent” and use sites like this to find a carrier in order to reduce cost and avoid working with programs and lawyers and psychologists.  Yes, costs go down this way, but risk profile goes way up.

Carriers should know that quite a few national surrogacy programs will give their preferences vis a vis intended parents serious consideration:  their input matters.  They can feel good about having their wishes followed and still have the protection afforded by a recognized program.  Intended parents should consider the benefits that come with experienced legal representation and think twice before cutting legal corners to try to save money.

After creating a family with a few of the embryos, many of those couples (or single parents) choose to donate the excess embryos to other individuals for conception. This is a real alternative to destruction and donation to scientific research.

The legalities of donating embryos to another infertile person(s) is relatively simple: it involves a contract between the donating and recipient parties. The parties’ identities may be guarded by the respective attorneys. It is viewed as any other donation of genetic material. However, some intermediaries call this process “embryo adoption.” That is a misnomer – no adoption is necessary. As the ASRM stated this month, the correct term is, in fact, “embryo donation”. “Home visits, judicial review and other adoption procedures are not necessary and not appropriate for a patient whose case entails what is most accurately characterized medically as a tissue donation,” stated in December issue of the journal Fertility & Sterility.

Parties with excess embryos should not be dissuaded from giving their unwanted embryos to another infertile person and couples should not be discouraged from receiving them because of inaccurate beliefs that they would have to undergo an adoption.