An Overview of Updates in Reproductive Law

February 24, 2005 - Thursday
2:15 PM to 3:15 PM (EST)
Guest Speakers: Melissa Brisman, Esq.

Categories
Egg Donation • Embryo Donation • Gestational Carrier

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Lori_Masi AFA_Patient_Advocate	Hi Alia - Welcome!
Alia25	Hi How are you?
Lori_Masi AFA_Patient_Advocate	Good and you? I think tonight will be very exciting!
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Alia25	Im fine, thanks. Really? Why?
Alia25	This is my first time here?
Alia25	What exactly is discussed here?
Lori_Masi AFA_Patient_Advocate	Welcome Melissa!
Alia25	Hi Melissa.
Lori_Masi AFA_Patient_Advocate	Melissa Brisman is an attornery specializing in Reproductive Law and she will take everyone's questions
melissa_b._brisman__esq	Thank You-You can ask me any question related to reproductive law such as egg donation, gestational carrier, embryo donation, sperm donation etc. Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078
Lori_Masi AFA_Patient_Advocate	Melissa I have one - how do you find a program/clinic that has embryos for donation?
melissa_b._brisman__esq	You would need to call the clinics directly and ask them. Since embryo donation is in its infancy there are not a lot of clinics that have established programs
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Lori_Masi AFA_Patient_Advocate	Then what are the legal steps?
Lori_Masi AFA_Patient_Advocate	Hi susan! Welcome!
Alia25	Hi Susan
melissa_b._brisman__esq	You would need to have a contract that spells out all the rights, responsiblities regrading custody and control of the embryos
melissa_b._brisman__esq	Hi Susan. please feel free to ask any reproductive law questions
Lori_Masi AFA_Patient_Advocate	Welcome Everyone! We are very lucky to have the wonderful Melissa Brisman - Reproductive Attorney with us tonight!
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Alia25	Hi Amy
Lori_Masi AFA_Patient_Advocate	Welcome All! Please call the AFA Toll Free Support Line at 888-917-3777 for information, a referral in your area or just some good ol fashioned support. Looking forward to hearing from all of you! Lori Masi – AFA Patient Advocate
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts Does anyone have any questions
melissa_b._brisman__esq.	does anyone have any questions-sorry about the loss of connection there
Lori_Masi AFA_Patient_Advocate	Susan do you want to jump in?
melissa_b._brisman__esq.	does anyone have any questions
Lori_Masi AFA_Patient_Advocate	Melissa while we are waiting for everyone to arrive (the weather on the east coast is affecting some connections), why don't you tell everyone a little about what you do.
melissa_b._brisman__esq.	What aspect of reproductive law are you all most interested in : Susan Amy and Alia do you have any questions
Alia25	I don't have any questions especially about the law portion of it all,
melissa_b._brisman__esq.	Our office writes contracts for all types of reproductive arrangements egg embryo and sperm donations
melissa_b._brisman__esq.	we also find egg donors and gestational carriers
Alia25	I guess Im here on the wrong night
Lori_Masi AFA_Patient_Advocate	Melissa can you tell us about the process of using a GC (gestational carrier)?
melissa_b._brisman__esq.	do step parent and second parent adoptions, do insurance litigation, help with appeals, do pre-birth parentage orders andthe like
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Lori_Masi AFA_Patient_Advocate	Welcome Dee Dee
amyd	Hi Melissa, I, too seem to be losing my connection. Following my successful IVF 10 years ago, I have several frozen embryos and am wondering if you are beginning to see any trend, either toward embryo donation or offering the embryos for research or are folks like myse;f still just holding onto these embryos? thanks
Susan_D	My question has to do with donated embroys. What is NY law regarding this issue.
melissa_b._brisman__esq.	Using a gestational carrier is a very complex process but can be very rewarding. it gives intended parents the unique opportunity to have a child that is genetically related to at lease one of them-legally there are a lof of steps in a gc arrangement
melissa_b._brisman__esq.	Hi Amy
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melissa_b._brisman__esq.	I am seeing a trend towards the embryos being both donated to others and for research-many people see this as a viable alternative to destroying them
melissa_b._brisman__esq.	Susan-what do you mena but what is the law regrading embryo donation
melissa_b._brisman__esq.	Welcome Deedee
melissa_b._brisman__esq.	Embryo donation is legal in NY=the woman giving birth to the child in NY is considered the legal mother-
Lori_Masi AFA_Patient_Advocate	Are they being donated annonoymously or parties known?
melissa_b._brisman__esq.	A contract is neccessary to solidify the parties intentions in an embryo donation and to make sure all issues are addressed-each side should have separate legal counsel
Susan_D	We are considering using donated embroys and possibly using a surrogate .. . my sister agreed to be the surrogate. However, she lives in FL and this state does not allow it without my sister going through a home study. I was wondering if NY had the same law? I know that I can not have a surrogate agreement in NY.
amyd	what are your thoughts re: folks who just can't decide what to do w/ the embryos? The cryopreservation center where my embryos are stored tells me they will only hold on to them until I turn 40 (which is this year) I find this arbitrary and concerning.
melissa_b._brisman__esq.	Surrogacy in NY is legal if no compensation is changing hands-however if your sister were to give birth in Florida-florida law would govern but since you live in NY-you would need to adopt the baby from your sister in Ny-does that make sense-i certainly can help you with this if you decide to go this route
Lori_Masi AFA_Patient_Advocate	so if I'm understanding this Susan' s name could not appear on the BC from the hospital until she adopts?
melissa_b._brisman__esq.	Amy, if you ca't decide what to do you can have them transferred to another facility/storage bank that is willing to hold the embryos-you can also talk to a counselor who specialies in this area to help your sort out the issues as they pertain to cryopreserved embryos-where are you from i can recommend someone for you if you like
Susan_D	The couple who has the embroys has contacted us and we have spoken on the phone and exchanged information including pictures. The clinic that is storing the embroys does not do embroy adoption. They told the couple that is donating the embroys that they would just need to sign some paperwork turning them over to us. Are you saying this is not the case?
melissa_b._brisman__esq.	Lori, a legal judgment of parentage would need to be entered for susan and then the birth certificate could be amended to reflect susan (and her hsuband if any) status as parents
melissa_b._brisman__esq.	Susan,
melissa_b._brisman__esq.	you would need to have a contract with the people donating the embryos to solidify your legal rights to the embryos and to protect you in the future-the clinics requirements are separate from the legal need to do an embryo donation agreement
melissa_b._brisman__esq.	Have i missed any qu's
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
Lori_Masi AFA_Patient_Advocate	Amy would you like either Melissa or I to refer you to a therapist to help with your decision?
melissa_b._brisman__esq.	Deedee do you have any questions
Susan_D	okay on the agreement. Maybe I should call you directly to discuss my situation? I was going to attend the meeting in NYC next Thursday on this issue.
amyd	Re: those clinics that store frozen embryos, if when I reach my 40th b-day, I still have not made a decision, is the cryopreservation center compelled to continue to store the embryos?
Lori_Masi AFA_Patient_Advocate	Melissa would you be able to comment on some ways to finance the medical and legal ends of a GC cycle? Because both can be daunting.
melissa_b._brisman__esq.	Sure that would be great-I look foward to seeing you there-you can also email me privately at melissab@reproductivelawyer.com
melissa_b._brisman__esq.	Amy, the clinic is not compelled to store your embryos but you can safely transfer your embryos to another facility that would store them fairly easily
deedee.a_att.net	We are looking at an egg donor option in CA. What types of question should we ask the agencies?
melissa_b._brisman__esq.	Lori, many clinics offer finacial packages, there are various loans one could take out and some expenses may be tax deductible
melissa_b._brisman__esq.	Dee Dee,
Susan_D	Thank you Melissa. I will either send you an e-mail or give you a call.
melissa_b._brisman__esq.	you should ask the agency how long they have been in business, make sure they send you some references, check with clinic to see about their reputation, find out what happens if the donor fails screening, and make sure they require a legal contract between you and the donor
Lori_Masi AFA_Patient_Advocate	Dee would it be a known donor? If so, Melissa what should she be asking and looking out for?
melissa_b._brisman__esq.	DeeDee are you from ca or just looking for an egg donor from there
Lori_Masi AFA_Patient_Advocate	Melissa could you tell us about the women that offer to be egg donors and gestational carriers?
deedee.a_att.net	We are in CA. Not sure about egg donor being known or not.
amyd	we recently had some impressive legislation re: stem cell research passed here in Massachusetts, what should be my concerns and considerations if I should decide to offer my embryos for research?
deedee.a_att.net	Pros and Cons of a known donor?
melissa_b._brisman__esq.	Gestational Carriers must have given birth before, are usually becoming carriers partially for altruism and partially for financial gain, they are usually married, believe in the cause, and usually live in small towns, and are usually working/middle class
amyd	what is the average age of a GC?
melissa_b._brisman__esq.	Amy, you need to consider how you feel about having your embryos used for research, it is perfectly legal to donate them for research but this is a personal choice and your emotions need to be explored
melissa_b._brisman__esq.	Amy, the average age of a gestational carrier is 35
Lori_Masi AFA_Patient_Advocate	Melissa can you clarify for me the NY law on GC? It can only be done if it is someone you know that is not being compensated?
melissa_b._brisman__esq.	Dee Dee, most egg donors are anonymous, most people chose not to meet or know their egg donor, some people feel it is important to meet the person who will contribute to the genetic make up of their child, this can be emotionally and legally risky however
melissa_b._brisman__esq.	Lori,
melissa_b._brisman__esq.	you are correct NY GC's cannot be compensated
Lori_Masi AFA_Patient_Advocate	So if you live in NY what is the procedure for a non known GC?
Lori_Masi AFA_Patient_Advocate	Can you use a NY doctor?
melissa_b._brisman__esq.	Lori, you cannot use a GC from NY but you can use A GC as long as she resides outside of New York and delivers outside of New York but remember the distinction is not whether you know her but wether you will pay her
melissa_b._brisman__esq.	Lori, due to the law most NY doctors will not perfrom the transfer into a compensated GC
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Lori_Masi AFA_Patient_Advocate	Welcome Joann!
melissa_b._brisman__esq.	Hi Joann-do you have any questions Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
melissa_b._brisman__esq.	Joann do you have any questions
deedee.a_att.net	Would you be able to tell me why it is legally risky meeting the egg donor?
Joann	Are there states in which the genetic mother is automatically listed on the birth certificate after a GC gives birth to her child or do genetic parents always have to petition for adoption of the child?
melissa_b._brisman__esq.	Dee Dee, if the egg donor knows who you are she can more easily find you or the child-this makes it legally more risky since she has identifying information on you
amyd	Thanks for your time, Melissa...I do have access to counsel re: making the decision re: the disposition of my frozen embryos but still am struggling w/ this. has your office handled many embryo donations?
Lori_Masi AFA_Patient_Advocate	Joann we are very fortunate tonight to have the wonderful reproductive law attorney - Melissa Brisman and due to the weather alot of people are having trouble logging on according to the e mails I just received, so we are lucky to have Mellissa all to ourselves!!
melissa_b._brisman__esq.	Joann, in many states you can petition the court to get both genetic parents on the birth certificate of a child you have tghrough a GC, MASS, PA thsi can be donoe
melissa_b._brisman__esq.	Joann most of the time a petition for an adoption is not necc. -in fact my office finds over 150 carriers each year and we rarely do adoptions
melissa_b._brisman__esq.	Hi Amy, embryo donations are becoming more popular and the number i do each year goes up leaps and bounds
Joann	Melissa, what would your reaction be to an IP who does not want to meet the gestational carrier she plans to work with?
melissa_b._brisman__esq.	Did i Miss any questions
Lori_Masi AFA_Patient_Advocate	Don’t Forget to please call the AFA Toll Free Support Line at 888-917-3777 for information, a referral in your area or support. Looking forward to hearing from all of you! Lori Masi – AFA Patient Advocate
deedee.a_att.net	Yes, can the egg donor sue us for any possible reason?
Joann	Melissa, what would your reaction be to an IP who does not wish to meet the gstational carrier she plans to work with?
Lori_Masi AFA_Patient_Advocate	Melissa is it required for the IP to meet theGC?
melissa_b._brisman__esq.	Dee Dee, in any arrangement you embark on it is possible someone can sue you, but it is not likely however there is more risk if the person knows you, if you hve a known arrangement you must have an air tight contract
Lori_Masi AFA_Patient_Advocate	Dee Dee I agree with Melissa you must have legal representation!
amyd	I hope that I have not been insensitive w/ my questions re: my frozen embryos...it is a strange position to be in to first be an IP pt. and then to have these embryos. I wish each of you in treatment the best of luck and thank you Melissa for yout time.
melissa_b._brisman__esq.	Joann, It is not a requirement to meet the carrier but this would be very unusual and I would strongly advise against it, it is important that you are able to share in the pregnancy information, direct medical decisions, make your wishes known and most carriers are rewarded by the joy they bring to the parents-you would be missing out on the whole experience
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melissa_b._brisman__esq.	Hi alicia-do yoy have any questions
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
deedee.a_att.net	Should we contact a lawyer to represent us?
alicia	Just interested in any egg donor questions
Lori_Masi AFA_Patient_Advocate	Welcome Alicia!
alicia	hello, thankyou
melissa_b._brisman__esq.	You should, please feel free to email me directly and I can help you with this and/or direct you to proper representation melissab@reproductivelawyer.com
melissa_b._brisman__esq.	Alicia, feel free to ask any egg donor questions you may have
Lori_Masi AFA_Patient_Advocate	Alicia why don't you ask Melissa anything you wish - we are very fortunate to have her ear tonight!
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melissa_b._brisman__esq.	HI Catherine, please feel free to ask any questions
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melissa_b._brisman__esq.	Hi Samantha please feel free to ask any questions
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
Lori_Masi AFA_Patient_Advocate	Wecome catherine and samantha - we are very lucky to have Melissa Brissman reproductive attornery wiith us tonight - feel free to ask her your questions
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alicia	Have there been any lawsuits in regards to egg donors, that we should know about prior to getting involved with an egg donor agency? Should we be checking out the agency via better business bureau?
melissa_b._brisman__esq.	You should definately check out the agency through the better business bureau but also check the reproductive clinics and/or attorneys in your area, ask for references as well, you can never be too careful
Lori_Masi AFA_Patient_Advocate	Welcome Susan G please feel free to ask Melissa your questions
melissa_b._brisman__esq.	Alicia, also there have not been any special lawsuits to take into account when contacting an egg donor agency
alicia	Have there been cases where an egg donor has sued a recepient family?
Catherine_Cook	Type hereDo you think sperm donation is a good idea. Do think adopting from China is sucessful to form a family. Do have any experience with any agencies? Sperm clinics for doctoral level donors or noble prize winners. Thanks!
melissa_b._brisman__esq.	There have been lawsuits involving egg donors
alicia	What kinds of lawsuits, so that we may be made aware of any possible complications?
melissa_b._brisman__esq.	A recent lawsuit in Ohio just was ruled on where the egg donor sued for a parental interest in the triplets that were born through a gc used by a single man
alicia	What did the donor want from the lawsuit?
melissa_b._brisman__esq.	Catherine, sperm donation is a viable option, I am not familiry with adopting from China, California Cryobank is the main sperm bank that I am aware of
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melissa_b._brisman__esq.	Alicia, in this unusual case the GC sued for custody and I believe the egg donor did not want her to get custody so she sued as well
melissa_b._brisman__esq.	Hi Kristi please feel free to ask any questions
Lori_Masi AFA_Patient_Advocate	Catherine if you need more referrals please call me at 888-917-377
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
Lori_Masi AFA_Patient_Advocate	Welcome Kristi
Catherine_Cook	In MA do grandparents have rights for visitiation?
Joann	Melissa, there has been interest of late about looking into parental fitness by fertility clinics prior to assisting couples/individuals in becoming parents using ART (partially because of England's requirement of this. Do you have a legal opinion on this?
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melissa_b._brisman__esq.	hi Joann, most clinics do not assess the patients ability to parent-
melissa_b._brisman__esq.	Catherine, I am not sure of your question and depending on the details and the situation would probably warrant some checking prior to answering
Joann	Is it legal to even consider assessing potential parents' competence to parent in the U.S.?
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melissa_b._brisman__esq.	Joann, it would depend on the situation, clearly if there was no ability to parent the child the clinic would be permitted to assess the situation
alicia	Have there been any other lawsuits in regards to egg donors, that would be beneficial to know about?
Catherine_Cook	To use a sperm donor do you need legal counsel? What counsel can you offer on the use of donor sperm or is none required.
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melissa_b._brisman__esq.	Alicia, that would depend on the situation but there have been several lawsuits reagding egg donors but each involves a unique situation
alicia	I see, thanks
melissa_b._brisman__esq.	Catherine, if you use a known sperm donor a legal contract is a must
melissa_b._brisman__esq.	Catherine if you use an anonymous donor from a bank you do not need legal counsel
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Joann	Thanks for giving your time to this chat, Melissa.
Catherine_Cook	Why if you get the sperm from a sperm bank are you ok? What are the risks involved?
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Lori_Masi AFA_Patient_Advocate	Melissa thank you for the wonderful job you are doing with keeping up with all the quesitions!
melissa_b._brisman__esq.	Catherine, sperm is frozen and anonymous if you get the sperm from a bank-ther is less legal risk from a person you do not know
melissa_b._brisman__esq.	Hi Kelly -please feel free to ask any questions
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
Lori_Masi AFA_Patient_Advocate	Folks we have about 7 minutes left, so please post the rest of your questions for Melissa
alicia	Does one need to get a lawyer if using egg donor, or does the egg donor agency do it all?
melissa_b._brisman__esq.	Alician, You need an attorney if using an egg donor through an agency, if you dont have one in mind usually the agency can recommend one, I always advise doing your own research on who you chose to be your attorney, our office represents recipients from numerous agencies, some times the agency recommends us and sometimes the clients find us on their own
melissa_b._brisman__esq.	Does anyone have any last minute questions
alicia	Does your law office have an office in California? How do we go about looking for a Lawyer in California?
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melissa_b._brisman__esq.	Please feel free to email me directly and I can help you with this or call the office
alicia	ok, thanks
melissa_b._brisman__esq.	Hi Carla-do you have any questions before we close
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Lori_Masi AFA_Patient_Advocate	Melissa thankyou for all the wonderful information we gathered tonight - it has been a pleasure! Please post for everyone your contact info one more time.
carla	no sorry I am late
melissa_b._brisman__esq.	Melissa B. Brisman, Esq., LLC, 77 Market St, 2nd Floor, Park Ridge, NJ 07656, melissab@reproductivelawyer.com, www.reproductivelawyer.com, 201-505-0078, licensed to practice law in Pennsylvania, New Jersey, New York and Massachusetts
melissa_b._brisman__esq.	Carla, please feel free to visit or website or email our office if you have any questions
carla	ok thank you
Lori_Masi AFA_Patient_Advocate	Thank you Everyone for joining us tonight and a special thank you to Melissa
melissa_b._brisman__esq.	Your welcome-it has been a pleasure
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alicia	thank you ::biggrin
Lori_Masi AFA_Patient_Advocate	Good Night ALL! Don’t Forget to please call the AFA Toll Free Support Line at 888-917-3777 for information, a referral in your area or support. Looking forward to hearing from all of you! Lori Masi – AFA Patient Advocate
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melissa_b._brisman__esq.	Good night everyone
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An Overview of Updates in Reproductive Law

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