Monday, October 27, 2008

Fertility Law passed in the UK

Human Fertilisation and Embryology Bill passed
23 October 2008



The House of Commons last night voted to pass the controversial Human Fertilisation and Embryology Bill by 355 votes to 129. The Bill represents the first major facelift of fertility law in eighteen years, and has provoked a saga of headline-grabbing controversies during its passage through Parliament – from lesbian IVF rights, to donor symbols on birth certificates, to animal-human hybrid embryo research.

Leading fertility lawyer Natalie Gamble of solicitors Lester Aldridge LLP welcomes the Bill and says it will introduce important new rights for fertility patients. Natalie (nominated by gay rights organisation Stonewall as Hero of the Year 2008) has been a vocal supporter of the new rights for gay and lesbian parents.

“The surrogacy rules will be widened” Natalie explains. “Currently only married couples can apply for a parental order (the legal mechanism for reassigning parenthood from the surrogate to the intended parents after the birth), but the law will be extended to allow applications from unmarried and gay couples as well. The Bill will also allow lesbian couples conceiving by donor insemination to be named on the birth certificate and to be full and equal parents from the moment of conception. Same sex couples will get essentially the same treatment as heterosexual couples who conceive using sperm donors or surrogates, ensuring that children born to same sex couples have the protection of having two legal parents rather than one.

“The Bill will also finally remove the obligation of clinics to consider the ‘need for a father’ before offering fertility treatment (instead considering the child’s ‘need for supportive parenting’) and this makes it absolutely clear that single and lesbian women should not be excluded from treatment.”

Natalie is keen to emphasise the other, less controversial and less publicised, changes which will be important in practice for fertility patients.

“Continuing the trend of increasing rights to information about donor conception, there are also several changes being made to the donor conception rules” she explains. “Donor-conceived children will, once they reach the age of 18, have a new right to be put in touch with any donor-conceived half siblings. They will also be able to obtain more information about donors at 16 rather than 18. Donors, too, are getting new rights, and will in the future be able to find out whether their donation resulted in any children being born.

“The rules on embryo storage are also changing, allowing storage for ten rather than five years. Prompted by the story of Natalie Evans (the woman who battled the law and was denied the right to use her embryos without her former partner’s consent), there will also be a new 12 month ‘cooling off’ period to give a partner who withdraws consent to embryo storage the opportunity to change his/ her mind before embryos are irrecoverably destroyed.

There are still some issues which have not been fully addressed, though, says Natalie.

“The extended storage regulations – which allow storage of embryos for longer than ten years in certain circumstances – will only be reviewed now the Bill has gone through, and there are some important issues to be discussed here, including whether couples contemplating surrogacy should be able to preserve their right to have their own genetic child indefinitely in the same way as other couples currently can.

“The issue of surrogacy generally also needs to be addressed more thoroughly. The existing law was designed to help patients conceiving with donors and in most surrogacy cases is complex and difficult. The government mentioned while the Bill was in committee that this was an issue they wanted to look at separately, and I hope they will do so as soon as possible.”

Overall, though, Natalie welcomes the passage of the Bill. “The new law will introduce important new rights for fertility patients, particularly same sex couples, and it represents a sensible updating of the existing law.”

The new law, after final ratification by the House of Lords and royal assent, is expected to come into effect in October 2009.

Sunday, September 28, 2008

Deborra Lee Furness trying to change adoption regulations in Australia

adoption-campaign

http://www.news. com.au/heraldsun /story/0, 21985,22189611- 661,00.html

ACTOR Deborra-lee Furness believes the Federal Government is fostering
an anti-adoption culture that thwarts thousands of childless couples
from adopting overseas babies.

The wife of Hollywood star Hugh Jackman says she and her celebrity
husband would be childless had it not been for her US residency.

Furness has told of the trauma of "red tape and bureaucracy" that
forced them to return to the US to adopt Oscar, 7, and Ava, 2.

And she revealed they were present at the births of their children.

Furness wants to meet Prime Minister John Howard to discuss
overhauling adoption procedures.

She wants a government body established immediately to take sole
responsibility for adoptions.

"We've experienced it first-hand -- we tried to adopt in Australia and
couldn't because we were overwhelmed by the hurdles and obstacles they
put in our way," Furness said.

But the adoption process in the US took less than a year.

Furness -- in Australia while Jackman films the Baz Lurhmann epic
Australia -- is on a crusade to help the couples with "horror stories"
of futile attempts to adopt.

"I'm fortunate," she says. "I have two beautiful children and that's
why people come to me and say, 'Deb can you help me?'.

"I tell them it will be long, expensive and may not happen."

Furness says it is "an outrage and an embarrassment" that Australia
ranks last in inter-country adoption throughout the world.

"It breaks my heart to think there are thousands of abandoned children
overseas waiting for loving families to take them, but the Government
is making it so hard."

A parliamentary inquiry found in 2005 that the "current system is not
working" and that adoption was a low priority for state and federal
governments.

It recommended the Federal Government plays a bigger role in the
process -- to make it quicker and less expensive.

While the Government said it "accepted" most of the inquiry's
recommendations, it did nothing to implement them. Instead, it devised
more restrictions -- announcing last week legislation to stop same-sex
Australian couples adopting a child overseas. The child would not be
granted a visa.

Furness is worried the Government's attitude may be a return of
a "White Australia policy".

"This is a humanitarian issue. Australia has a generous spirit, yet
this to me reeks of fear and a lack of generosity," she says. "You see
it with the refugee crisis as well."

SHE said she was prompted to speak out on the issue when she read of
the plight of a Sydney woman whose adopted baby was still in China
because the Immigration Department would not grant her a visa.

"When I hear these stories, it breaks my heart. I know what happens to
these babies; they end up institutionalised or on the streets,"
Furness said.

Denise Calligeros, 45, revealed this week she had been trying for 13
years to adopt but has been rejected for a second time because now she
is too old.

The adoption crisis has escalated since 1998 when Australia signed the
Hague Convention in respect to the protection of children and
adoption.

The agreement resulted in the Federal Attorney-General delegating the
administration to state governments. But that stopped voluntary
organisations from helping facilitate inter-country adoptions.

As a result, queues have grown into thousands and some states have
stopped taking registrations.

Furness says the Department of Community Services in NSW is too busy
coping with local issues of child abuse to worry about inter-country
adoptions.

"You have children who are abandoned and homeless and you have people
desperate to have a child, but because of this bureaucracy and lack of
resources they can't," she says.

Adoption has become such a long and expensive process for Australian
couples that many simply give up.

Some states have fees up to $10,000 to lodge the initial application --
and it is non-refundable, even if the couple is unsuccessful.

On top of that there are airfares, visas, medical and processing
bills. The total outlay can reach $40,000.

Ricky Brisson, whose program to assist couples to adopt was stopped by
the Government three years ago, said: "The costs are becoming more
prohibitive and a lot of families are giving up."

She said it now took about seven years to process an adoption, which
meant some couples failed because they grew too old.

"We have thousands of kids waiting for families and thousands of
people in Australia looking to adopt them, but we have a system which
is useless in delivering a proper service," she said.

In 2004-05, 410 overseas babies from 25 countries were adopted in
Australia -- compared with 21,000 in the US.

Furness said the process in the US was quick and inexpensive "and not
made impossible like it is here".

"We are the most blessed people in the world, but I have friends here
who are coming up against so many brick walls," she said

Tuesday, September 2, 2008

Be Careful of Adoption Scams!

Beware of Adoption Scams
Attorney General Offices by State



Adoption scams can occur with birthmothers-to-be, adoptive parents, and adoption professionals.

Listed below are common situations which we have observed. Watch for the signs and be careful.

Do not jump to conclusions and try not to be overly suspicious and hurt honest people.
Agree upon and sign documents that commit all parties to an adoption situation. Memories can fail and be selective.
Forums and Email Groups
Adoption Plan Forums - Adoption Scams and Unethical Treatment
A network of warnings about possible scams from all areas of adoption. A watch list for suspecting an adoption scam, warns others of bad situations. names, area and pattern of the suspect.
Adoption Scams
Join this Yahoo email group to stay informed about adoption scams. This group can save you time and money. Read about the latest alerts.
Birthmother Scams
1. Usually the motivation for birthmother scams are to take your money. She needs money for rent, food, etc. Only give money to a birthmother-to-be through an attorney or qualified adoption professional. The amount limits and circumstances vary by state law. Do not give money directly to a birthmother.
2. If the birthmother is not available by phone and wants to call you because of an on going situation, beware! You should have a contact number and complete physical address that you can verify.
3. A birthmother may not even be pregnant or could be pregnant and has other plans for the baby, including keeping the baby or promising the baby to several waiting adoptive parents. Look for those signs.
4. The birthmother has at least one or more crisis in her life and you are part of the solution. This can include sad stories such as rape and incest. Be sensitive, but do not be drawn into the whole situation.
5. The birthmother offers a plan to bring the baby to you. Birthmothers usually want you to meet her and arrange to receive the baby at the hospital. This ploy is used to get a plane ticket which can be cashed in later. Do not give anyone a plane ticket. Many adopting parents have lost money by purchasing a plane ticket and never hearing from the, supposed, birthmother again
5. To have a match, you must meet face to face with the expectant mother. Big flag, the birthmother flakes out. She misses scheduled meetings with you or other professionals. Even with an unbelievable story she can be very convincing.
6. Proof or pregnancy or other documents are agreed upon, but never seem to arrive. She seems to always have a reason for not sending you identifying information or cannot believe that you have not received the information. A sudden miscarriage or hospitalization can happen when you request for too much information.
7. The birthmother does not want you to contact anyone else concerning her pregnancy. She does not feel comfortable meeting or talking with an attorney or other adoption professional. When pressed, she might accuse you of not trusting her and can even get angry.
8. The birthmother will not give you, but will get you the name of her doctor or clinic where she is receiving medical attention.
9. The birthmother will evade certain details regarding medical attention, signing parental rights, contacting social services or adoption professionals.
10. The birthmother changes her story about the pregnancy or her situation. If a birthmother is talking to several adoptive parents, her story can change because she cannot remember what she said to you.
11. Be careful if the birthmother is expecting twins. This is a popular situation with an adoption scam. In the natural course, ask for proof of pregnancy and how are you able to contact her doctor.
12. A favorite ploy is for someone to fix you up with a friend. That person might pose as an adoptive parent and not an adoption professional. Be careful that the friend is not the same person. If both have the same IP address watch out!
13. Fake birthmothers are very willing to match quickly and will say you are perfect, without knowing much about you. They are going to send you pictures and other thing, but never do.
14. They have always had complications with the pregnancy.....they usually claim when you cannot find them that they were at the emergency room.
15. The birthmother does not like or want to deal with an attorney or other adoption professional. She has had a bad experience with an attorney and does not want to work with them again.
16. The truth of the matter is that you need to get down to adoption business. Small talk is necessary, but keep it in prospective. The phone meetings are to establish if you are suited for a "match" and if yes, then both parties need to get the necessary paper work in order.
Adoptive Parents Scams
It seems that birthmothers-to-be also need to look for warning signs that adoptive parents may not be able to work with them or will not follow through with the agreed adoption. Birthmothers-to-be need to watch for these possible warning signs.
1. A family that tells you how much contact they want you to have and after the birth they change what they told you.
2. Adopting parents that makes demands rather than requests and makes you feel second rate.
3. A family that does not return your emails or phone calls and might not be honest with you.
4. A family that seems like they are desperate and will do anything to get your baby.
5. Adopting parent might temp you to break the law by offering you illegal funds or expensive gift beyond what the law allows.
6. The adopting parents might not be qualified, you will have to be the sole judge.
7. Adopting parents might pressure you when you are changing your mind about them, they could have many personal problems, check them out.
Adoption Professional Scams

1. Beware of any adoption professional on the Internet who cannot provide you with information. Get the basics and go from there.
2. If they are an agency, find out the state they are in and their agency license number. It is not necessary for an adoption professional to have a web site, but it helps validate their presence.
3. An adoption facilitator should be carefully looked at, in California, facilitators have to be bonded and in many state they are illegal. You need to research their business.
4. Find out the professionals legal business name, physical address, physical phone number, city business license.
5. If any adoption professional is offended by you asking questions, they are probably not your choice.
6. Check with the Better Business Bureau for any bad reports.
7. Join various Internet egroups or check boards on the Internet for any positive or negative reports.
8. Read any document you sign. Ask the "what if questions". Anything said verbally is always overridden by the contract. Make sure there is a contract.
9. Do not be lured by the fact if you sign a contract, you will have the baby you want. An adoption usually takes time.
10.If a facilitator does not have an established business with a track record and is unknown to the Internet adoption circle, DO NOT SEND MONEY UP-FRONT. A small application fee is about as far as we would recommend. Have your attorney verify the facilitators qualifications. You will need an attorney anyway.
This is a list of common occurrences, many others exist. Think about your actions and always use good judgment.

Thursday, July 31, 2008

More Women Becoming Egg Donors!

More Women Donating Eggs
Some Women Say They Donate For Money


POSTED: 9:16 pm PDT July 30, 2008
UPDATED: 8:11 am PDT July 31, 2008


LAS VEGAS -- Now more than ever, women are donating their eggs to make ends meet.

So, who's doing it, and how easy is the process?

Melissa, who declined to give her last name, admitted the main reason she's donating eggs is because she's struggling financially.

"My husband has had me stay home for the last five years. I stayed home for my children, so the money definitely benefited my family," she said.

At the Center For Egg Options in Illinois, the number of women donating has increased significantly since April.

"There's no reason to think that suddenly there's 30 percent more people who have suddenly had this inner feeling to help out people and what's changed, it’s the economy," said fertility specialist Ed Marut.

Across the country, fertility centers have also seen a surge in repeat donors and surrogates.

A woman who passes the health and psychological screenings can get thousands of dollars in return for her donation.

"The donors will make in the area of $7,000, and the surrogates will make anywhere from $20,000 to $30,000 plus," said Nancy Block, founder of the Center For Egg Options.

In the Valley, Dr. Bruce Shapiro at the Fertility Center of Las Vegas said compensation is closer to $3,000 to $5,000.

But he said he hopes the economy is not the main reason more women are donating.

“We really try to have people who donate for altruistic reasons. That's the best of all worlds. Sometimes you can't be absolutely certain. You can only be certain of what a person tells you,” Shapiro said.

He said it is a fairly simple process that takes about three weeks.

“It's more invasive than donating sperm, but still, it's painless, and there's more time involved, but we try to make it as smooth a process as possible,” Shapiro said.

He said the side effects of donation usually include some aches and cramps, similar to those of a woman's period.

Saturday, July 26, 2008

Surrogacy Laws in Australia

Surrogacy Update- Australia


The Western Australian Government's surrogacy legislation has received overwhelming support in the Upper House where members were allowed a conscience vote.

Five members voted against the Bill, which will allow couples unable to have a child, to have a baby through a surrogate mother.

The Bill was supported by 27 MPs.

Earlier this week, the Upper House amended the Bill to ensure the birth mother is aged 25 or older, and already has a child of her own.

Liberal MP Barbara Scott was among those who voted against the legislation.

"It is my view that every child has the right, an inherent right to know its origins, to know where it came from," she said.

"This Bill delivering us today in the third reading denies that to many children who'll be the result of a surrogacy arrangement."

The Health Minister, Jim McGinty, says there is no need for the Legislative Assembly to reconvene early, because the Government will immediately begin preliminary work on the legislation.

"I'm delighted that the surrogacy bill has now been passed," he said.

"It means that we can immediately get on with drawing up the protocols, getting the regulations in place so that we can start from today implementing the new law."

Wednesday, July 9, 2008

Babies from Frozen Embryos

Babies from frozen embryos are just as healthy
IVF doesn't raise risk of mental, physical problems in children, study says


http://www.msnbc.msn.com/id/25590308/


BARCELONA, Spain - More evidence is emerging that babies conceived in test tubes might be just as healthy as those conceived naturally, researchers said Tuesday.

Two studies presented at a meeting of the European Society of Human Reproduction and Embryology found that in-vitro fertilization and the freezing of embryos did not significantly increase the babies' chances of medical problems.

"These procedures are relatively safe and patients shouldn't be overly concerned," said Dr. Christopher Barratt, a professor of reproductive medicine at the University of Dundee in Britain.

Barratt, who was not connected to the research, said the studies were encouraging but more information was still needed.

About one percent of babies born in developed countries are conceived using techniques like in-vitro fertilization. Yet Dutch experts studying children born after in-vitro fertilization concluded that the invasive procedure is not dangerous for babies' early physical and neurological development.

"This is important in reassuring people worried about the risks of these techniques," said Dr. Sue Avery, director of The Assisted Conception Unit at Birmingham Women's Hospital in Britain. "There's naturally a fear when you start doing things like sticking needles into eggs." She was also not connected to the Dutch study.

Previous studies have shown that babies produced from artificial reproduction techniques are more likely to have major birth defects and to be underweight at birth. That is thought to be linked to factors in the parents, like the older age of mothers having infertility treatment, lifestyle or genetic factors.

Doctors have also worried that low birth weight of babies born following in-vitro fertilization could lead to disorders like cerebral palsy.

Dr. Karin Middelburg, of the University Medical Center Groningen in the Netherlands and colleagues examined more than 120 babies born after in-vitro fertilization. Those children were compared to 90 babies born to parents with fertility problems who spontaneously conceived while waiting for fertility treatment and to 450 babies conceived naturally.

Middelburg and colleagues assessed the babies' brain development when they were several months old by observing how they waved their hands, made a fist, or kicked their feet.

"When a child is wired right in the brain, he is able to show a wide range of different movements," Middelburg said.

They found that the test-tube babies moved as well as babies spontaneously born to parents waiting for infertility treatment. That showed that artificial reproduction techniques are not to blame for any early developmental problems, Middelburg said.

When those babies were compared to babies naturally conceived in the general population, researchers did not find a difference in abnormal movements.

Babies from frozen embryos weighed more
Another study presented Tuesday concluded that children born from frozen embryos weighed more at birth than those born after a fresh embryo transfer.

Embryos are sometimes kept at minus 196 degrees Celsius for up to five years before being thawed and implanted into women. Doctors are increasingly freezing embryos across Europe as a standard part of fertility treatment, and some have wondered if the procedure might be riskier than using a fresh embryo.


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"With this study, we can be very encouraged that the data seem to point to the conclusion that these techniques are very safe," Barratt said.

Experts said one reason why frozen embryos resulted in heavier and healthier babies could be that women who produced enough eggs to freeze were probably healthier than women who only had enough embryos for a fresh transfer.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Tuesday, July 8, 2008

Surrogacy laws in France

Surrogacy Laws in France


The French Senate revealed Wednesday the contents of a closed-door hearing to propose guidelines pertaining to the legality of surrogate mothers, a practice that was banned in France in 1994. The talks are a precursor to a revision in bioethical law, slated for 2009.

Under the proposed reforms, the birth mother would retain “the right of repentance,” or the right to change her mind for up to three days after giving birth. On the other hand, the adoptive parents would not be permitted to “return” the baby on the grounds of its deformity or handicap.

Presiding over the Senate working committee charged with presenting the argument, Michèle André, a Socialist Party member and women’s rights activist, stressed the need to address the issue. This, she said, was necessary “to avoid merchandising women’s bodies,” and to avoid “procreative tourism” on the part of French would-be mothers who find surrogates in countries where the practice is legal, such as the USA, Canada, the UK, the Netherlands and Belgium.

Issues to be ironed out included the question of whether gay couples would be authorised to use surrogate mothers, and whether providing financial remuneration for the biological mother was legal.

The decision will come as good news to women such as Florence, a 24-year-old woman suffering from a type of haemophilia that prevents her from undergoing a pregnancy.

The activist for Maia, a pro-surrogacy group, has been on an adoption waiting list for 9 months, and sees the use of a surrogate as her best option.

In an interview with FRANCE 24, she said, “I have no shame in using a surrogate mother.” But, she added, she could not bear the idea of finding one abroad. Florence said she would rather wait until the practice was legalised in France because it is “safer" and "sounder".

The debate over surrogate motherhood resurfaced in October 2007, when a French court made a landmark decision allowing a French woman who used a surrogate in the US to register the children as her own in France. The case involved twin girls.

Under normal circumstances, French law would not recognise legal custody for a mother who had gone around the system and found a surrogate. The court stopped short of making a larger statement about the validity of surrogate motherhood, but the case nonetheless started a dialogue culminating in Wednesday’s Senate hearing.

Questioned about the Senate committee’s report, the adoptive mother in the Oct. 2007 case said she was heartened by the report. “I’m moved,” she told the AFP news service. “It’s a huge step forward.”

André concurred, saying the overall positive feedback would “open the gateway to debate.”