But my blog today — which is very different than that which I typically post — has more to do with whether the penalty fit the crime than whether what transpired under the direction of TE and with the assistance of HN was right or wrong, or for that matter my level of shock and horror at all of it.  I had at one point read something on the internet that suggested that HN had been sentenced, or was going to be sentenced to 13 years in prison.  I remember discussing the article I read with the women in my office.  I asked them whether they thought 13 years were too few or too many.  It turns out there was no factual basis to the article I was reading, as HN will be serving less than a year in a federal penitentiary and additional time under house arrest.  That is quite a difference from 13 years wouldn’t you say?

I had never made a decision myself about whether 13 years was “just” punishment for the crimes alleged and to which she plead guilty.  Some part of me felt that it wasn’t enough time and some part of me felt it was too much time.  So I let it go, as I was more intrigued by the fact that there were still matters under investigation.

But I have no doubt when I say that less than a year in “Club Fed” is not enough time.  As the Judge Battaglia pointed out (for more see an article in the  http://www.abajournal.com/news/article/former_lawyer_gets_1-year_sentence_in_international_baby_selling_scam/ ), HN doesn’t even appear to understand that what she has done was wrong.  Under the circumstances, then doesn’t it make sense to give someone slightly harsher a penalty to help them internalize that which they have done?  Club Fed is rumored not to be such a bad place.  If I recall, Martha Stewart enjoyed learning how to knit while she served her time.  Given that we are talking about the intentional creation and sale of human life, do we really want to send a message to society that less than a year in jail is sufficient punishment for such atrocious conduct?  I recognize that Judge Battaglia was restricted by sentencing guidelines, but even so, he still had the ability to provide for a more severe consequence for this crime.  House arrest is pretty much of a joke isn’t it?  There are days that actually sounds like a pretty sweet deal if you ask me.  I suppose taking the option out of it may make it different.  It is one thing to imagine what its like and another thing to actually live with an ankle bracelet every day.  Query, if you have a pool in your backyard, are you allowed to sunbathe next to it?  Or is that a violation of house arrest? Let’s be clear, however, we can make brownies, watch TV, read books, surf Face Book, and shop on the internet while under house arrest, things we cannot do at Club Fed.

I am not sure, and will most certainly be giving this more thought, but my gut reaction is that I really think this punishment didn’t fit the crime.  As we await the sentencing of the co-conspirators, I am really curious to see if this notion of minimum and maximum sentences, house arrest, and the reality that people like me (albeit me 11 years ago) — desperate to have a child, unknowing (even as an attorney) of the true bounds of the law with respect to things like surrogacy and egg donation — were intentionally preyed upon.  Babies were intentionally created to be sold to people like me.  It’s gross and inhuman.  And I object to the fact that the people who perpetrated these acts get to make brownies in the comfort of their own home, surf Face Book, and shop on Amazon, and perhaps even luxuriate by the pool in their backyard (seriously, is that okay with the ankle bracelet?  Martha was allowed to garden wasn’t she??).  Isn’t house arrest pretty much the same thing as sending your child to their room for a “time out”?

So I am going to make a pledge to devote more of my time to educating people so they don’t fall prey to schemes like these.  And while I do so, I hope that somewhere a fair justice system will prevail in what remains of these cases.

These are the personal thoughts and opinions of this author.

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Take the Pledge!

I try and stay out of highly controversial discussions in my industry and to avoid taking sides unless I feel passionately about the issue.  Sometimes blogging backfires (ala Sarah Palin’s recent “hit list” and the resulting death of 15 people).  But I have come across another of those issues that MUST be discussed, so I am hereby entering into the foray and it’s along the lines of my “what was Brooke Shields thinking” blogs.

Let’s get real for a moment and turn to a movie reel about egg donation.

I today learned that the “documentary” Eggsploitation was announced to have been nominated as best documentary.  When I read this on FaceBook this morning I almost vomitted.  For those of you who haven’t seen it . . . and please don’t see it if you are considering either becoming an egg donor or using an egg donor to build a family . . . it is highly inaccurate and inflammatory.  Please understand that I am trying to be nice.

The movie is an attempt by right wing, pro-life. Christian conservatives to reveal the “real world of egg donation”.  And Honey, it doesn’t.  It serves one purpose only, to promote an anti-IVF anti-egg donation agenda.  And in my mind it isn’t a documentary unless you are basing your documentary on something with a substantial amount of truth or accuracy.  A documentary by one definition is the “creative treatment of actuality”.  I will agree to the creative part with respect to this film, but not the actuality part (with one caveat, I will agree that egg donation exists as a means to build a family).  Another definition says that a documentary presents the facts with little or no additions.  Isn’t it a failure to present the facts if you only present one side, or one statistically insignificant, rare and otherwise atypical aspect of something, i.e. ONE fact when there are many facts to be discussed?

This film is based on untruths, inaccuracies, mythical stories, and an agenda. It veils itself as a documentary in order to lend some false sense of “truth” to the movie’s topic, the exploitation of egg donors and recipient families all to the benefit of the massive money generating industry of reproductive medicine.

The reproductive industry has responded many times in opposition to the film, as have many of my colleagues (for example, here is another blog on the topic http://weblog.prospectivefamilies.com/2011/01/13/what-more-is-there-to-say-about-eggsploitation/ ).  I think it’s pretty much a universal sentiment in my world, both professional and personal, that this movie has nothing to do with reality and is serving to mislead the general public about a viable and very successful means of family building, egg donation.

I really think it has gotten to the point that the movie is now exploiting itself for its own financial benefit.   They are now twisting all the negative media attention into an argument that if they weren’t so “right” about the industry that there wouldn’t be so many defensive and anti-Eggsploitation blogs/articles/reviews.  It’s kind of like the old saying “you know you’ve done something right if they’re shooting at you!”  And they are using that to drive more people into movie theaters.

Well I don’t think they’ve done anything right, I am disgusted by the MOVIE, and I am disgusted that anyone would think it was worthy of the title “best” in anything.  I haven’t spoken out before because I didn’t want to further publicize this movie and thus encourage people to watch it — even if it is to see how wrong it is.

And for the love of all that is sacred about the word FAMILY, I respectfully request that the movie industry get a grip and get real.  Don’t endorse this movie.  Many a Hollywood family has been created through the gift of egg donation.  Do you really want to slap your egg donor in the face like that?  By promoting, endorsing, and casting something that she did to help you have a baby and a family, in such a negative, illicit and patronizing light?

I’m not saying the world of reproductive medicine is perfect.  I have some bones to pick with things that happen in the world in which work.  And I will cut the producers of this movie and Hollywood some slack and say that if you are going to focus on the very creative aspects of the use of truth to create a dialog (albeit the wrong dialog) then okay maybe this is a documentary.  But it’s a documentary that I refuse to endorse on any level.

Someone can, and should, do a better job at looking at the gifts that third party assisted reproduction are giving to infertile families.

Blech Blech Blech.

I recently came across a book entitled “Motherhood after Age 35″ at an adoption conference I spoke at.  I was curious.  It seems so common these days for women to have children after the age of 35, why write a book about it?  What’s different about being a mother after Age 35?  I’m going to find out.

I went online on the internet movie database and compiled a preliminary list of movies about infertility and adoption.  The movie Juno was awesome, how many others are as accurate or sensitive?  I noticed that one of my favorite new books Knit Two by Kate Jacobs has a sub-plot dealing with infertility.  The Discovery Channel has a show on adoption: Adoption Stories (hey why are there no infertility stories? There are a dozen shows on having babies but why aren’t their any on infertility?)

And so I begin.  Tonight my DH and I are watching a movie entitled A Smile Like Yours starring Greg Kinnear and Lauren Holly.  I have also purchased Miss. Conception starring Heather Graham.  These are just a few of what I suspect will be a very long list of movies and books.  I am hoping I will be pleasantly surprised.  I also am hoping that I will get to spend some quality time with DH and get some good reading in. 

I will post my reviews under a new category (Infertility In The Movies etc. under the Check This Out Blog category)  and I welcome feedback and suggestions for other titles to watch/read.  Maybe I’ll  add a suggested reading/viewing list to The Two Week Wait Care Package

We shall see . . . .

I think that the news media and Hollywood do NOT understand infertility or adoption at ALL (this thought is discussed in a separate post)!  And I am sick to death of all these Hollywood actresses who get pregnant with twins in their forties (or even late thirties) and are NOT honest about how they conceived those children.  Remember I was proud of Brooke Shields not too long ago (by the way, did VW pull those advertisements?  I haven’t seen them in a while.  Has anyone seen one??) because she was honest that she went through IVF.

I have a list the length of my arm of actresses that I either have reason to know or have reason to be suspicious (deeply suspicious) that they used some form of assisted reproduction.  Let’s take Jennifer Lopez as an example.  I don’t know her, never represented her, I don’t know her from a hole in the wall.  She is, however, someone I admire.  But I don’t believe for a nano-second that she conceived her twins miraculously from old fashioned intercourse after three years of TTC on her own.  That is BS.  Just the way People Magazine spun those babies’ delivery, with quotes from the doctor about how much the babies’ look like Marc Anthony as they were being pulled from Jennifer’s uterus during a C-Section, raised my eyebrows.  It was like they were setting the stage for people to expect the babies NOT to look like Jennifer.  It struck me as such an odd comment.  Three years of TTC, then pregnant with twins who look amazingly like their father but are never compared to their mother’s absolutely gorgeous face: Who wants to bet she used an egg donor???  Or at the very least went through IVF?  Again, I have no personal knowledge, these are just my suspicions.  But this wonderful singer and actress who is a phenomenal role model, well doesn’t she owe women in their twenties and thirties some honesty?  That waiting to get pregnant makes it harder to get pregnant.  That maybe she needed help beyond that provided by something divine (and you know I believe in the Divine).

Let’s consider the statistics.  I deal with them every day with my clients.  I face them when I consider having more children in my mid-forties.  It is statistically, if not virtually impossible to conceive twins (even using IVF) at or above the age of 44 using your own gametes (eggs).  It is extraordinarily hard (although possible) to conceive twins using your own eggs at age 40.  You would likely need IVF to do have twins at age 40.  I’m not saying it’s not possible to conceive twins at age 40 the old-fashioned way; it’s just not really something that happens very often.  Certainly not as often as it seems to happen when you live in Hollywood.  And it is very hard when you’re even say Jennifer Aniston’s age, she’s 38 or 39 right? (and btw, Jennifer is my favorite actress in Hollywood and I see many reports in the media that she may be trying to have a baby, I LOVE her and would love to see her become a mother - not to mention the fact that her mother is responsible for me being with my husband today, so I have some additional fondness for her family.  And No, I DO NOT KNOW Jennifer Aniston and I haven’t seen or spoken to her mother since 1988, so nothing in this blog should be construed as validating any tabloid report). 

Statistically, at least some of (if not the majority of) these actresses used some form of ART to get pregnant. So, let’s assume for purposes of this blog that they did conceive, especially those with twins, with the assistance of ART.  Now let’s assume they also were honest about that fact . . . what’s the downside? 

My point is this:  Maybe the knowledge that so many public figures struggle to conceive children and that it is just plain harder to conceive a child after age 35, would HELP someone!  Hollywood seems to be on the “helping others” bandwagon.  Angelina Jolie (okay bad example in a rant on infertility, although she is an adoptive mother) travels to war torn countries to bring attention to them.  Brad Pitt raises awareness and helps Katrina victims.  Who do we have in Hollywood standing up for the fight against infertility and explaining it being honest about it?  It’s a devastating disease.  RESOLVE has a spokesperson who is a former playboy model.  I believe she used a gestational carrier.  I don’t know about you, but I don’t think one person is enough.  Is it enough for just Angelina Jolie to be travelling to Africa, of course not.  The more media attention focused on an issue, the more stars involved, the more awareness is raised.  I was thinking about this issue while listening to a Christmas song, We Are The World (is that the title?).  Half of the world’s most famous recording artists came together to raise money and awareness for AIDS and AIDS victims in Africa.  That song is being played every five minutes on the radio every Holiday Season twenty years after it was recorded.  Why does infertility get such little attention?    

So let’s just say that Hollywood actresses were honest?  What would happen?  Maybe, eventually, people would start paying attention to their reproductive health?  Maybe they wouldn’t wait as long to have children? (I am not advocating rushing to have children before you’re ready, I just don’t think enough people understand that it really and truly gets harder the older you get and the first big age landmine is 35).  Or maybe fewer people would feel alone or ashamed.  If Hollywood actresses are ashamed to admit to their infertility then isn’t that sending the message that infertility is something to be ashamed of? 

Let’s assume for a moment that some of these women sought the generous services of an egg donor, as I suspect they did.  I understand that is private information and the intimate details of their personal life.  They may even have an anonymity provision in their agreement with their egg donor (again, assuming they used one).  But don’t they have to rise to some higher moral authority because of their status as celebrities?  How many women are misled everyday because they see these gorgeous women in their forties giving birth to TWINS!  At least Marcia Cross admitted she used IVF (although I do wonder if she really hit the genetic jack pot or whether she used a donor, alas I will never know). 

Please people.  Do a service to the young women in this country who have no clue what it means to WAIT to conceive a baby.  Our ovaries do not join us on the treadmill nor do they benefit from Botox.  Not to mention the fact that everyone in Hollywood can easily afford IVF and egg donors and gestational carriers when the rest of us are worried about our mortgage payments.  Let’s be real. 

I want some honesty out there.  I want someone to come clean.  Alexis Stewart (Martha Stewart’s daughter) is spending millions of dollars trying to raise awareness about what happens when you wait to conceive a baby.  While I don’t agree that egg banking is a medically recommended procedure for every Jane Doe, I agree with her message.  And I think that if women in Hollywood would just be honest, that maybe Alexis wouldn’t have to spend so much money and I wouldn’t be so pissed off everytime I see some 40-something starlet showing off her babies in People Magazine.  I don’t know about you, but I’d like to see a little honesty in those baby announcements in People Magazine. 

to be continued . . . .

Shortly after this incident, and all that it brought up inside my head (and let’s face it, I do think things through rather thoroughly, although not to the same “obsessive” degree as the angry infertile were somehow accused of during that conference), a woman posted a comment to my blog about Brooke Shields’s VW ad.  She commented that she was relieved to see she wasn’t the only person who had an adverse reaction to the ad.  She was relieved to discover that she wasn’t the only angry infertile person out there.  No my friend, you aren’t, there are plenty of us out there. 

Cut to me trying to squeeze in a quick-read of a People Magazine article about that family with 8 kids that has a t.v. show on TLC.  I had really admired them and the fact that they were keeping their marriage together, their lives organized, all the while parenting twins AND sextuplets.  (People Magazine Octoer 15th, 2008).  At the end of the article they talk about wanting more kids and adopting.  Now I am really pysched.  Here they are parenting all these kids and they want to adopt, and adopt internationally to boot!  WOOHOO.  And then my blood turned cold.  “Kate confesses, ‘We still want to know what ‘one’ is like.”  I stopped dead in my tracks.  The past few weeks of re-living my infertility, feeling the pain of a stranger who was (like me) deeply offended by an insensitive advertisement . . . they just want to know what “ONE” is like.  Can I swear here?  Is that allowed?  This is my blog right?  Okay, I’ll keep it censored (for now).  But seriously, how many of my clients and my friends would KILL to have just “ONE” . . . who spend their life savings and switch jobs for better insurance coverage, who take second mortgages all in the desire to have just “ONE” . . . these people who are blessed with eight children, who got freaking lucky with their IUI cycles and NEVER had to try IVF want to see what having just one child is like.

Yeah, I am just another angry infertile woman.  And so I have created this column on my blog where I am going to vent and rant and OUT every insensitive, uninformed, moronic remark, advertisement whatever . . . I am not going to take it any longer.  I am proud to be another angry infertile woman.  We’re tough.  I bet Kate is pretty tough too.  My best friend has triplets, I know how hard multiples are . . . but seriously girl . . . APOLOGIZE NOW.  That was a hurtful, insensitive remark. 

Yes Ma’am, I am proud to be just another angry infertile woman.  And I am not about to shut up about it either.  If you hear or see anything in the media that is offensive or hurtful, lemme know.  This is where we get our payback.  I don’t care if its politically correct or not.  It’s time to band together, to unite for the cause.

Treat us with dignity or suffer the consequences in this blog.

My official thumbs down go to VW and Kate, mother of 8, who wants to know what its like to just have “one.”