Archive for the ‘Personal Musings’ Category
August 2, 2016 | By: Liz
I really shouldn’t be here right now. But there is too much laundry, too many emails, and too many dishes to attend to not to choose to procrastinate right now and get some stuff off my mind. I have had several conversations Today (yes this one specific day on which I am writing) with people entering into “fresh” egg donation cycles and who have debated using or tried using an egg bank. And when I say “fresh” egg donation cycle I mean that they are using an egg donor who will donate all her eggs from one IVF egg donation cycle to the intended parent(s). They have chosen not to use an egg bank. One couple tried using a known donor, then went the egg banking route and are now almost broke and using an egg donation agency and a (wait for it) “fresh” donor. One intended parent was convinced by her IVF Clinic not to waste money on an egg bank and instead choose to use a “fresh” (as in not frozen egg) donor. The others weighed the pros and cons on their own. I also have had the opportunity to discuss it with owners of egg donation agencies (of which, arguably, I am one) and an IVF physician who thinks egg banking and selling eggs is the next best thing to Viagra and sliced bread.
While I recognize the benefit egg banking has for women undergoing medical treatment which may render them infertile or otherwise potentially impair their fertility, or for those who choose to bank their own eggs for their own future efforts at conception, I am NOT a fan of egg banking. So extreme has become my position on this matter than I am working with colleagues on a professional article on the risks women and intended parents are facing by not being properly informed about egg banking.
I get the appeal egg banking presents. It’s faster and easier than using a fresh donor, and very much like the sperm bank experience in terms of selection, anonymity and being one more step removed from the genetic progenitors giving your child life. For some people, I suppose, an egg bank makes alot of sense. But for me, it’s a waste of time and money, risks the future of your family in ways that an egg donation agreement with a fresh donor can provide you (and the donor) protection, and potentially runs afoul of the public policy of most states, insofar as most egg banks provide “x” number of eggs for a set fee and then if you need extra eggs you can “buy” them for “x-thousand” of dollars per egg. Has anyone other than me reviewed the documents egg banks present to consumers and comment on the fact that it is illegal to sell genetic material? And hey, what about the fact that when you have to buy those extra eggs . . . had you used a fresh donor, you might have received the same number of eggs, or more, for an almost equal cost (my client who went through a known donation, an egg bank and is now using an agency would argue the agency was cheaper from the get-go) and without having purchased human tissue (you know human tissue, like a kidney?)??
And what of the success rates? I have yet to see consistent data coming from within my industry that tells me that frozen eggs result in the same number of live births as result from using a fresh egg donor. Egg banks certainly don’t seem to offer the possibility of having frozen embryos from which you might conceive a full genetic sibling. Fresh donor cycles often result in leftover cryopreserved embryos which can be used to conceive additional children. It doesn’t happen for everyone, but it happens for many.
I think the technology is promising. But unless you need to preserve your fertility, I don’t think it is all that it is cracked up to be. And who wants to buy a cracked egg anyway?
I don’t have a lot of time tonight, the dishes smell and the laundry is over-flowing out of three laundry baskets, but I wanted to start this dialogue. I am so sad for my clients who have wasted time, energy, and money not getting pregnant using egg banks.
In the immortal words of Linda Richmond (from SNL) Talk Amongst Yourselves . . . and let me know your thoughts. . . .
Filed under: Current Affairs, Egg Donation, Embryos, Financing Fertility Treament or Adoption, Frozen Embryos, IVF, Personal Musings, The Journey to Parenthood, Thinking Out Loud, Third-Party Assisted Reproduction, Thoughts on Choosing an Egg Donor
February 10, 2016 | By: Liz
Sometimes when I tell people what I do for a living they look at me like I have two heads.
Reproductive Lawyer? What’s that???
In this day and age when celebs like Sofia Vergara and her Ex are all over the news fighting over which one of them is going to get to use their frozen embryos, I am really surprised that so many people have no idea what it is that reproductive lawyers do. Or more to the point, why reproductive lawyers are not only helpful, but often play a critical and essential role for individuals and couples building their family through third-party assisted reproductive arrangements like surrogacy, egg, sperm, and embryo donation.
So what is it that we do for our clients? How is it that we play such an important but poorly understood role in the formation of our modern families? Here, in no particular order, is an overview of the top ten things reproductive lawyers can help you with as you begin to build your family through third-party assisted reproduction. Now these may not be humor-worthy of top ten list legend David Letterman, but for anyone going through third-party assisted reproduction or considering it, this is an important list:
(1) Reviewing your agreement with your surrogacy or egg donation agency (sometimes called a service agreement): If things go south with your relationship with the agency this is the document that is going to be your agency’s safety net and the document you will look to in order to seek a refund of all or some of the money you paid. Shouldn’t you know your rights and the agency’s obligations and responsibilities before you sign an agreement and work with the agency?
(2) Reviewing your surrogates insurance policy: What if it doesn’t cover a surrogacy pregnancy? What options do you have to avoid a potentially catastrophic financial liability?
(3) Preparing contracts for you: Egg, sperm, and embryo donation agreements (anonymous or known), and gestational surrogacy agreements are all critical documents in protecting your family in the future and protecting you and your donor/surrogate during the IVF process and/or pregnancy. Understanding the role this agreement plays in third-party assisted reproduction and the necessity for having them drafted is far too often overlooked. How do you make sure your sperm donor is really a donor and not something more (like a parent)? When does your egg donor relinquish parental rights? What happens if she changes her mind about donating? How and when can you use any leftover frozen eggs or preembryos? What happens if you and your surrogate disagree over something really important like selectively reducing the pregnancy?
(4) Using boilerplate contracts with your agency, or contracts you find on the internet: Do they really protect you and what issues might arise if you use one? Did you know that you are probably violating copyright laws by using one? Did you know you cannot be forced or compelled to use an agreement provided by an agency and that you have the right to use an independent lawyer?
(5) Entering into a known sperm donation agreement (with a friend or a Starbucks Sperm Donor): What do you need to know about these sometimes very dicey situations? What makes them so risky and how can you avoid those risks? What can you do to protect yourself whether you are the intended parent or the sperm donor? How can you protect yourself from a known sperm donor asserting parental rights or an intended parent trying to impose parental rights, custody or child support obligations? Does a sperm donor need to be worried about the State asserting a claim that he has child support obligations? Good intentions aside, everyone thinking about this form of family building is (in my humble opinion — IMHO) a fool for not consulting with an attorney before entering into this type of family building arrangement.
These are just a few of the important ways reproductive lawyers can help you through the obstacle course of third-party assisted reproduction. We want to help you make smart future-thinking decisions and ensure that everyone has their rights protected as they intend them to be and as they move forward through this process.
Up Next in Part 2 We Explore:
(6) Planning for Divorce or Death.
(7) Managing money in a surrogacy arrangement.
(8) Doing a home insemination:
(9) Getting your birth certificate:
(10) Understanding the impact of changing reproductive laws:
Filed under: anonymous sperm donation, Birth Certificates, Birth Orders, Current Affairs, Egg Donation, Embryo Disposition, Embryos, Family Building Law, Frozen Embryos, Gestational Carrier, Gestational Carrier Arrangements, In the News, infertility in the media, Infertility on Television, Insurance for Infertility, IVF, known sperm donation, New York Reproductive Law, Parentage Orders, Personal Musings, Pre-Birth Orders, Reproductive Law, Reproductive Lawyers, Same Sex Parenting and Reproductive Law, Surrogacy, Surrogacy in New York, The Journey to Parenthood, Thinking Out Loud, Third-Party Assisted Reproduction, Uncategorized, Uncompensated Surrogacy
Five Hundred Twenty Five Thousand Six Hundred Minutes – How do you measure your life in infertility treatment?
March 26, 2015 | By: Liz
Five Hundred Twenty Five Thousand Six Hundred Minutes
How do you measure your life in infertility treatment?
How do you measure a day, or a year?
Five hundred twenty five thousand six hundred tests
Five hundred twenty five thousand moments, oh dear
Five hundred twenty five thousand six hundred dollars
How do you measure, measure an IVF year?
In daylights, in sunsets
In phone calls, in cups of coffee
In inches, in pounds, in needles, in surgery
In five hundred twenty five thousand six hundred minutes
How do you measure, a year of infertility?
How about love for the baby you’re creating?
How about love for the people helping you conceive?
How about love for your partner or a friend?
Measure in love
Cycles of love
Cycles of love
Five hundred twenty five thousand six hundred blood draws
Five hundred twenty five thousand follicles to count
Five hundred twenty five thousand six hundred heartbeats
How do you measure the life of an infertile woman or a man?
In diagnoses that she learned
Or in times that he cried
In money they lost or the day the baby died?
It’s time now, to sing out
Though the story never ends
Remember a year in the life of our infertile friends
Remember to love
Oh, you got to, you got to remember to love
Remember to love
You know that love is a gift from up above
Remember to love
Share love, give love, spread love
Measure in love
Measure, measure your infertility in love
Cycles of love
Cycles of love
Measure your infertility, measure your life in love
Inspired By Rent — Seasons Of Love, Lyrics
Filed under: Deadly Silence, Egg Donation, Faith and Infertility, Infertility Awareness, infertility in the media, IVF, Miscarriage, National Infertility Awareness, Peace to Parenthood, Personal Musings, Recurrent Pregnancy Loss, The Journey to Parenthood, Thinking Out Loud, Third-Party Assisted Reproduction, Treatment, Uncategorized, visualization