Posts Tagged ‘Surrogacy’

Surrogacy Case Coverage Doesn’t Tell Whole Story

Monday, January 18th, 2010

I’d like to argue the old adage that all publicity is good publicity. As I discussed in my last entry, the extremely unfortunate surrogacy cases recently playing out in Michigan and New Jersey continue to command headlines. Last week, the Wall Street Journal ran a story called Surrogacy Battles Expose Uneven Legal Landscape. While I certainly can’t disagree with the premise that favorability of surrogacy laws varies widely throughout the U.S., the approach to mainstream media coverage of this industry continues to frustrate me.

I guess I understand that the few unfortunate outcomes seem more interesting to some than the greater majority of positive surrogacy outcomes, but the media continues to leave out possibly the most important view – that of the real and participating players in this complex and self-regulated industry.
Although the legal scholars and think tanks quoted in this article bring a very well-educated and informed perspective, they should include the perspective of reputable agencies and other professionals literally in the thick of this on daily basis. I think all of them would tell you that many (if not all) of the well-established industry protocols put in place to protect all parties in a surrogacy relationship were tossed aside in this case, as well as all of the others that have made headlines recently.

Check out the article and share your perspective. –Nazca

Unfortunate Michigan & New Jersey Surrogacy Cases & the Advantages of the Illinois Gestational Surrogacy Act

Wednesday, January 6th, 2010

Happy New Year! I have great hopes for 2010 and think it is going to be a fortuitous year for people seeking alternative family-building options and the third-party reproduction industry in general.

But, first, I need to discuss two rulings involving gestational surrogacy outside of Illinois and assure intended parents and gestational surrogates alike that, as long as the requirements of the Illinois Gestational Surrogacy Act are satisfied and you work with a reputable agency, similar situations should not occur in this state.

For those of you who haven’t read about these cases in the New York Times or elsewhere, the first took place in Michigan and involves a married couple who, after years of infertility issues, turned to surrogacy. To create their family, they used an egg donor, anonymous sperm donor and found a gestational carrier, who already has four children of her own, to deliver the baby.

A month after the birth of twins, a police officer supervised as the couple was forced to relinquish their infants into the custody of the gestational surrogate who gave birth to them. While the surrogate has no genetic link to the babies, neither do the intended parents and the surrogate was able to obtain a court order to retrieve the infants after learning the intended mother was being treated for mental Illness. While there was a contract, according to the Times article, a statute in Michigan, where the twins were born, holds that surrogacy is contrary to public policy and that agreements are unenforceable.

In a second case, also discussed in the New York Times, a single woman with no children of her own agreed to be a gestational surrogate for her gay brother and his husband, who donated sperm. A New Jersey judge ruled that the surrogate, who gave birth to twins, is their legal mother, even though she is not genetically related to them. In this case, the twins do have a genetic link to one of their fathers, but the court still ruled in favor of the surrogate. The ruling gives the woman the right to seek primary custody of the children at a trial in the spring.

In both cases, these unfortunate situations could have been avoided if the babies were born in Illinois and the requirements of the Illinois Gestational Surrogacy Act were adhered to.

While I won’t list all of them here, some of the most pertinent requirements include: 1) At least one of the gametes (egg or sperm) used in forming the embryo must be contributed by an intended parent; 2) The surrogate cannot also be the egg donor, making her a gestational surrogate. At ConceiveAbilities, we require that our gestational surrogates have no genetic link to the child/children; 3) The gestational surrogate must be at least 21 years old and already have at least one child of her own; 4) The intended parent(s) and surrogate must complete a mental health evaluation, and the surrogate must also have a complete medical evaluation; 5) Both the intended parent(s) and surrogate must consult with an attorney regarding the terms of the gestational surrogacy agreement and the potential legal consequences of participating in a surrogacy arrangement.

Lastly and perhaps most importantly, in Illinois, if all requirements of the Act are met and certified by the attorneys representing both the gestational surrogate and intended parent(s), then parentage is established immediately at the time of birth. And, the intended parent(s) names are placed on the birth certificate with no court involvement or subsequent adoption proceedings. – Nazca

A 2009 Reflection on the State of Surrogacy & Egg Donation

Tuesday, December 22nd, 2009

As 2009 draws to a close, it’s worth looking back to reflect on some of the issues we’ve grappled with in the evolving industry of third-party reproduction. Not unlike other years in its relatively short history, this one was a mixed bag. In hindsight, some of the issues in the spotlight generated a gut-wrenching feeling of disbelief and outrage, others a sense of excitement and joy for the advancements of our field.

There were absolutely a couple of high points for our industry this year. Sara Jessica Parker’s decision to use a surrogate to expand her family drew positive attention to assisted reproduction. As more celebrities participate in third-party arrangements and choose to share those decisions, we hope the public will become more educated about this growing method of family building and become even more accepting. Its mounting awareness not only helps those facing fertility challenges recognize additional options, but starts to help dispel the false idea that women can wait to have children into their forties or fifties naturally (without medical/technical intervention). Now, if celebrities would also cop to using donor eggs, that would be even better progress!

Also on the positive side of the spectrum this year was the increase in reproductive tourism, bringing more couples to America to circumnavigate their country’s restrictive stance on third-party reproduction and take advantage of our advanced medical care.

And finally, this year brought the creation of DNA (Donor Network Alliance), a real progression in the egg donor industry revolutionizing the way patients around the globe search for egg donors and collect important information. I’m proud to be a founding member of this unique resource that presents thousands of prospective egg donors from egg donor agencies around the country on a single Web site.

I’m not sure I even have to go through the low points of 2009, since they commanded our national conversation for so much of the year…but I’ll go ahead and run down the list anyway.

This year brought us the surrogacy scandals of SurroGenesis, Bala, Angels in Waiting and B Coming. These organizations were run by unscrupulous individuals with little or no experience in the field of infertility. Unfortunately, their fraudulent activity left the public with the false impression that the industry is fraught with this kind of corruption and deceit. Of course, most facilitators of third-party arrangements are caring individuals with an agenda based upon helping intended parents build families. This is exactly why this year’s streak of bad business has tainted our collective reputations. Even worse, rumors continue to swirl as agency insiders complain other rogue agencies are teetering on the brink of the same undoing.

Then, of course, there’s the Ocoto-mom saga, which brought its share of disgrace to the field of infertility treatment. This is a prime example of what happens when vital parts of the process are missing or are blatantly disregarded. Possibly worst of all was this year’s German High Court ruling of surrogacy as immoral leaving many gestating surrogacy pregnancies in limbo.

Every time I think I’ve seen it all, along comes another conundrum to stump and amaze me in more ways than one. That is one of the things that keeps me devoted to this highly charged (and admittedly often difficult) business. There is always a new development for better or for worse that keeps the reputable members of the industry on our toes and communicating effectively. But, overall, the fact that what I do really does impact others lives’ in a positive way enables me to work through the rough parts of the business and find creative ways to learn from all the wacky, weird and downright awful issues that sometimes arise.

I hope 2010 is a year of expanded understanding of the wonders of Assisted Reproduction by the public and positive stories for an industry that is, by and large, made up of caring, consciousness, dedicated professionals who are passionate about what they do. Best wishes in the New Year – Nazca

A Few Bad Eggs: Why It’s Important to Choose An Established, Reputable Surrogacy/Egg Donation Agency

Tuesday, November 3rd, 2009

According to a lawsuit filed today in a Lake County, Ill court, an infertile couple claims an unregistered surrogacy agency, Angels in Waiting Surrogacy Center, was in cahoots with a woman who used an alias to donate her eggs more than a dozen times, in violation of industry guidelines.

Although the infertility industry remains self-regulated, there are specific standards that all reputable agencies adhere to in order to protect egg donors and intended parents. The American Society of Reproductive Medicine Guidelines, published in June 2009, states, “the maximum number of stimulated oocyte donations from a single donor is six.”

The couple says they were falsely assured by the agency that they would obtain the donor’s medical, psychological, pregnancy and egg donation history to ensure she was a viable candidate. When they demanded their money back from the surrogacy center, its owner closed the company down and reopened under another name.

It’s unfortunate that we are seeing another case of potential fraud being brought to light; this time in Illinois. Given the time, effort, inconvenience and invasive nature of egg donation, it’s hard to imagine a woman going through the process just for the compensation.

As quoted in the Courthouse News Service today, Chicago’s “. . . ConceiveAbilities, says compensation may be based upon the donors “location, number of previous donations and ethnic diversity.” But the company “strongly advises any egg donor not to apply if compensation is the sole motivation.”

I think this case serves as another reminder of the importance for potential intended parents and donors alike to do their homework to ensure they are partnering with an established, reputable agency.

- Nazca

Welcome to All Things Conceivable

Wednesday, October 14th, 2009

I’m Nazca Fontes. As a biologist, former egg donor and founder and president of egg donation and surrogacy agency ConceiveAbilities, I’ve become something of a veteran in the relatively young, but rapidly growing, infertility industry in the U.S.

My experience comes from both working in this field and my own very personal experience as a donor.  I was driven to become an egg donor for two very different reasons.  First, as I believe all egg donors do, I felt very drawn to the idea of doing something that could literally change lives.  My other driver, odd as it may sound, was really a scientific curiosity that came from working in the industry as a biologist.  My experience gave me a perspective that I truly couldn’t have without it.

It is my hope that I will be able to use this forum to share some of the knowledge that comes with my nearly two decades of personal and professional experience as well as provide a forum for open discussion of the many and multi-faceted topics that surround egg donation, surrogacy and infertility in general.

From practical advice for intended parents, egg donors and surrogates to tools for handling the emotional complexities that often accompany this journey, I hope you will become part of the AllThingsConceivable community.

Rash of Fraudulent Surrogacy Agencies Leads to Concerns Around Choosing a Reputable Agency

Monday, March 30th, 2009

With the number of children born via gestational surrogacy tripling in the past two years, the industry is exploding. Given the recent coverage and industry perspectives on fraudulent surrogacy agencies B Coming and SurroGenesis, couples considering surrogacy, as well as potential surrogates, may be concerned with how best to choose a reliable firm.

During this process, little is more important than finding a partner you can trust.  We’ve recently expanded our family-building offering with the addition of surrogacy industry veteran, Deb Levy, MA LPC.  As the new Coordinator of our surrogacy program, Deb’s addition to the team greatly enhances the surrogacy-related support and services we’re able to provide to our clients.

It was incredibly important to me to find someone able to deliver the same unmatched level of service that has defined the ConceiveAbilities name for more than a decade.  It is critical that our gestational surrogacy program is grounded in quality service and ethical practices that intended parents and surrogate mothers can trust.   I truly believe that the same focus that has helped us become a world-class egg donation agency will take our surrogacy program down the same path.

As both a parent of two children born through surrogacy and a licensed professional with years of clinical and practical experience in the IVF industry, Deb is the perfect choice to head up this growing program.

Agencies Unite to Launch Donor Network Alliance

Tuesday, March 3rd, 2009

It’s an understatement to say that the journey toward building a family can be complicated for those faced with fertility challenges. Not the least of which can be the process to find the right resources and partners – whether that means an egg donor agency, surrogacy agency, fertility centers and clinics or even legal services. I’m happy to announce that my agency, ConceiveAbilities, and two of our local competitors have teamed up to try and simplify and help facilitate at least part of this process – the search for egg donors by prospective parents undergoing alternative reproductive processes.  We’ve just launched the Donor Network Alliance (DNA), the first and only consolidated source of egg donors recruited by multiple agencies across the United States.

I’m really proud to be a founding member of this national egg donor database because I think it gives intended parents a little more of something that is really important and sometimes lacking when using third party reproductive services – control.