The American Fertility Association Blog
Georgia House Bill 388
June 2, 2009 - Tuesday
Posted by admin
By Melissa Brisman Esq. and Laurren Cuozzo Esq.
“The first ever embryo adoption act has passed and was signed into law in the United States. The repercussions of this very well may be far reaching and extreme, not only for individuals pursuing third party reproduction, but for the entire area of the law known as reproductive rights. We at The AFA will be covering this highly disturbing and important issue, as well as all of its ramifications extensively. As a first step, we determined that full understanding of Georgia House Bill 388 is important for our readers and we turned to Melissa Brisman, Esq. and Lauren Cuozzo, Esq. to clarify it for you, below. Please check The AFA blog often for updates.” - The AFA Staff
The Option of Adoption Act, Georgia House Bill 388, is the nation’s first ever embryo adoption bill. It passed the Georgia House by a vote of 108 to 61 and was signed into law by Georgia Governor Sonny Perdue. It will take effect July 1st of this year. Once enacted, this law will allow recipients of donated embryos to “adopt” those embryos. These recipients can petition the Georgia superior court for a pre-birth order of adoption or “parentage.” However, recipients will still need to enter into a valid contract with the current “custodian” of the embryos. Where the “custodian” of the embryos to be donated created those embryos through the use of another donor, the court order (that recipients receive from the superior court) will terminate the rights of the genetic donor as well as the donating individual or couple. As a general matter, this law does not simplify the process for recipients of donated embryos. It creates more paperwork, court orders, and costs in a process that is currently relatively painless and less expensive than an adoption.
The new law defines an “embryo” as “an individual fertilized ovum of the human species from the single-cell stage to eight-week development.” It is unusual to describe a fertilized egg as an “individual” at the “single-cell stage.” Most people, including scientists and medical professionals, would not use this definition. According to the language of this law, these embryos are no longer “donated” by a donor but instead are “adopted” from a “guardian.” Not every embryo results in a baby. Under this law, recipients could incur the expense of “adopting” an embryo that never results in a child.
Melissa B. Brisman, Esq., LLC, located in Park Ridge, New Jersey. Melissa Brisman can be reached at .(JavaScript must be enabled to view this email address) and http://www.reproductivelawyer.com.
Lauren Cuozzo. Associate at the firm, Melissa B. Brisman, Esq., LLC. Ms. Cuozzo can be reached at .(JavaScript must be enabled to view this email address).
Categories
Adoption •
Donor Egg •
Embryo Donation •
Family Building •
Frozen Embryos •
Third Party Reproduction
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Facing Change
March 16, 2009 - Monday
Posted by Ken
Last year I wrote an article addressing how issues surrounding the topic of infertility would only become more intense in the coming year. What I didn’t realize is the degree to which the infertility conversation would enter mainstream media, and how quickly.
Thus far in 2009, the topic of infertility is everywhere. Whether it’s the mother of eight babies in California or a 60 (plus) year-old woman becoming pregnant through in-vitro fertilization (IVF), infertility has become part of most people’s daily listening and reading, if not daily conversation.
As I write this in mid-March, I’m wondering what’s going to happen this week when the Georgia State Senate considers a “personhood” bill, which defines life at the moment of conception and ascribes all human rights to the embryo from that point forward. The bill would make anyone who damages or destroys an embryo criminally liable, subject to both fines and imprisonment. It would further forbid any disposition of unused embryos except the option to donate them to another couple, (and they do mean married, heterosexual couples). The option to freeze embryos for use at a later date, donate them to scientific research, or dispose of them would be illegal if this bill becomes law.
There are several other bills floating around state legislatures right now. Many are designed to dictate to physicians and patients having difficulty conceiving how many embryos they can create, how many they may transfer, and what the disposition of any unused embryos must be.
New questions are being raised about the use of sperm taken posthumously from a male for the purpose of continuing a family line or ensuring inheritance. Who has the final say in these matters?
Egg freezing is emerging as the most asked about fertility topic of the year. Women and men want to know if eggs can be frozen for use at a later date, similar to what is currently being practiced with unused embryos. If so, what’s the success rate? Is this something we should be encouraging? Are there risks? What are they?
Egg freezing, taking sperm from dead men, legislators dictating what physicians and patients can and can’t do, and the very real possibility of microscopic tissue being called a “child” are just some of the issues The American Fertility Association (The AFA) is helping consumers sort through as they begin or find themselves in the midst of their family building journeys.
7.3 million American women experience difficulty conceiving or bringing a pregnancy to term. Fertility challenges among men may be just as high, as male factor infertility is the sole or contributing cause in about 40% of infertile couples. We are, indeed, faced with a significant challenge.
In addition to providing education and support for those facing fertility challenges, this year, The AFA began an infertility prevention program in which we take education to young women at places they already frequent - like nail salons and health clubs.
Why? There are types of infertility that can be prevented. Avoiding environmental toxins, taking into account the biological clock (fertility begins to decline at age 27 for women and 35 for men) and preventing STD’s are all things that can keep options open for individuals and couples if and when they decide to have children. As everyone knows, prevention, when possible, is the best cure.
Our mission is simple: prevent infertility whenever possible and support people in building families of choice. To learn more, visit us at http://www.theafa.org.
The American Fertility Association, a 501 (c) (3) national non-profit organization is a lifetime resource for infertility prevention, reproductive health and family building. AFA services and materials are provided free of charge to consumers and available to everyone without reservation. These services include an extensive online library, monthly online chats, telephone and in-person coaching, a resource directory, hosted message boards, daily fertility news and a toll-free support line.
http://www.theafa.org or 888.917.3777.
Ken Mosesian
Executive Director
Categories
Donor Egg •
Donor Sperm •
Egg Donation •
Egg Freezing •
Embryo Donation •
Family Building •
Fertility •
Fertility Preservation •
Frozen Embryos •
Frozen Sperm •
Infertility •
IVF •
Reproductive Freedom •
Sexual Health •
Sperm Donation •
Third Party Reproduction
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