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The American Fertility Association Blog

Georgia House Bill 388, The ‘Option for Adoption’ Act.

June 3, 2009 - Wednesday
Posted by admin

By:  Daniel Shapiro, M.D.

Georgia recently enacted Georgia House Bill 388, the ‘option for adoption’ act. The bill provides legal basis for patients using donated embryos to ‘adopt’ them under the Georgia family law code. This bill is the first of its kind to be enacted and represents one of many attempts by right to life groups to establish ‘personhood’ of embryos. By all prior legal standards and in all reproductive medicine clinics practicing embryo donation, embryos are considered property, not people.

The moral standard implied by this bill is likely to be unconstitutional because it violates the 1st amendment’s establishment clause (separation of church and state).  Though reasonable people can certainly argue for the ensoulment of a pro-nuclear embryo, the civil pacts by which we live in this country prevent the supremacy of one religious view over any other or over any irreligious view.  Since the concept of personhood is inherently a religious question, this law violates our nation’s constitution. The law also probably violates the 14th amendment (equal protection under the law) since it establishes a special class of human being with rights that supersede the rights of others in the class. Why should an IVF embryo have the right to be adopted and treated as an ‘individual’ while a naturally conceived embryo has no similar protection?

I had the privilege to testify before the Georgia committee hearing this bill before it passed. First let me say that what was originally written was so egregious and foolish that had the original language passed Georgia’s legislature would have looked plain stupid. An attorney with extensive experience in Georgia family law and third party reproduction rewrote much of the bill and eliminated the expressed intent to make all IVF embryos into full grown people. She also crafted the language in a way that makes the bill superfluous in that it only created the option for an expedited adoption process but does not require it. In effect the law does nothing except answer to the rantings of the religious right.

Because the law is vague as to how it is we are supposed to actually proceed with these cases, we in the REI community in Georgia do not foresee any change in our practice. Our consents and contracts with patients have provided for rescission of parental rights in the case of embryo donation from time immemorial. Unless a recipient patient actually tells outside parties how she achieved pregnancy, all anyone would see is a pregnant woman anticipating delivery.  Since the overwhelming majority of embryo donations are anonymous, the donor would not know if a) her embryos became pregnancies or b) who actually got pregnant. It is hard to imagine a case where a willing embryo donor would come back and sue for parental rights since said donor wouldn’t know if or when a donation took place. Even if she could discern the above from the unavailability of her former property, she would not know if the procedure actually worked. Someone would have to show a compelling reason for us to violate someone else’s right to privacy and reveal their identity and the circumstances of their embryo recipiency. Ain’t gonna happen. I defy anyone who claims to believe in freedom and autonomy (many are in the same party as the religious right) to explain why the state of Georgia has a compelling interest in unmasking HIPPA protected patients.

Dr Shapiro is board certified in Reproductive Endocrinology and is the former medical director of Reproductive Biology Associates (RBA). He is currently the clinical director of RBA’s egg donor program and the RBA egg bank.

In cases where the embryo donor is not anonymous (a rarity) the bill allows for expedited adoption. Though this may afford a greater level of protection for the recipient’s claim to parentage, the physical reality of labor and delivery is probably a good enough standard under which a couple may establish their claim. To the best of my knowledge, there are no cases of willing embryo donors coming back to claim parental rights. It is equally hard to imagine what would happen if they did. For this law to be applicable at all, the donation, gestation and residence of all the parties would probably have to be in Georgia. If any of the parties, especially the recipient lived out of state, the existing property laws and family statutes of the resident state would likely apply.

From a medical perspective, we could limit our donations only to embryos that came from egg donation and then offer them only to out-of state recipients. This is likely to be unnecessary as again the bill only provides for the adoption option. After the law is enacted on July 1st it would be prudent of us to be sure to document that we informed recipients of the adoption option. Beyond that we see no change to medical practice standards under this bill.

Dr Shapiro is board certified in Reproductive Endocrinology and is the former medical director of Reproductive Biology Associates (RBA). He is currently the clinical director of RBA’s egg donor program and the RBA egg bank.

Categories
Adoption • Embryo Donation • Family Building • IVF • Pregnancy

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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 [email protected] and http://www.reproductivelawyer.com.

Lauren Cuozzo.  Associate at the firm, Melissa B. Brisman, Esq., LLC.  Ms. Cuozzo can be reached at [email protected].

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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