Debunking Myths About Sperm and Egg Donation

The popular media tends to exploit the myths around sperm and egg donation and perpetuate false beliefs about what the process entails. While they may have some of the facts correct, there are also a lot of misconceptions existing as well.  We took a look at some of the more common misconceptions and the realities behind them.

MYTH #1: Anyone can be a sperm donor and the process is easy.

FACT: Anyone who meets the rigid qualifications can be a sperm donor, and it is not an easy process.  According to the Fertility Pro Registry website (www.fertilityproregistry.com) less than 5% of men who attempt to become sperm donors are actually accepted.  While every facility has their own set of qualifications, applicants are screened for STDs, genetic abnormalities and other diseases.  Their physical and psychological backgrounds are checked and they must be able to provide a family health history going back three generations.  They must also be willing to commit to the program for up to 6 months as the screening process alone may take three months.

MYTH #2: Sperm banks are unregulated and can do whatever they want to make money.

FACT: Sperm banks are regulated by the FDA and according to the Fairfax Cryobank, various other state governments.  In California, the Department of Health Services may perform unannounced inspections and if a bank fails the inspection, their license may be revoked.  Furthermore, many banks are accredited by the American Association of Tissue Banks (AATB) and all follow the guidelines of the American Society of Reproductive Medicine (ASRM).

MYTH#3:  Donors (sperm or egg) may try to interfere or lay claim to my child.

FACT: All donors go into donation situations knowing that their purpose is to help someone who would not otherwise be able to conceive a child on their own.  Donors are fertile men and women who are helping those who, for whatever reason, are dealing with infertility.  If they wanted to have a child, they would typically be able to on their own.  However, it is important to note that anonymous donors usually receive very little information on the intended parents, if any.  In the case of a known (and anonymous donor) this is an issue that should be clearly addressed in the donor contract to ensure that the future interests of the parnets and the child are secured.

Myth: Donors are only in it for the money.

FACT: While there are donors who are interested in the financial compensation, most donors are actually donating because they want to help other start a family.  Sperm donors are actually compensated very little (according to the Fertility Pro Registry, anywhere from $1-$55 per specimen) and while egg donors do receive more financial compensation, they also have to go through a more rigorous process to donate (taking hormonal medications, working with various medical professionals and an attorney).  Further, according to the American Fertility Association, part of the screening process for donors is to assess “need” from “want.”  A potential donor who is looking for the money to pay off her credit card debt is much less likely to pass the screening process than a donor who is looking to pay off student loans as a certain level of responsibility is inferred.  While financial compensation is involved, steps are taken to ensure that donors are not there for the wrong reasons.

For many, gamete donation is the preferred path to take when dealing with infertility.  Being able to separate the myths from the facts is an important step in deciding how to proceed when trying to grow your family.  If you have questions about sperm donation or egg donation, and would like to speak with an attorney, please call 310-598-6428 or email rose@familyformationlawcenter.com. 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Tips for International Parents Using a Surrogate in California

International surrogacy arrangements can seem daunting, but if you are working with an experienced surrogacy lawyer, surrogacy agency and medical staff, many of the complications can be eliminated or proactively addressed through proper drafting of contracts, screening of the surrogate, and medical screening for any possible health conditions.

Here are some tips for a smooth international surrogacy relationship:

• Work with a reputable surrogacy agency that can provide you with references from former clients and other fertility professionals in their area.
• Consult with a surrogacy lawyer who has specific expertise in family formation law including surrogacy, egg donation, sperm donation and embryo disposition.
• Get to know your surrogate.  This is an important relationship, and as in all relationships, communication is key to a harmonious and smooth process. 
• Understand the laws in the state where your surrogate lives.  California surrogacy law is relatively new, and therefore it is of the utmost importance to work closely with a qualified surrogacy lawyer.
• Work with an immigration attorney in your home country to ensure a smooth return home after your baby is born.

The Family Formation Law Center regularly works with Intended Parents from all over the world including China, Australia, France, Switzerland, Italy, Spain, Argentina, Brazil and Japan.  Please contact us if you would like to speak to a surrogacy lawyer in Los Angeles or the San Francisco Bay Area, or would like more information regarding international surrogacy.  310-598-6428 or Rose@FamilyFormationLawCenter.com. 

Tips for Chinese Intended Parents Using a Surrogate in California

On Sunday, the Los Angeles Times ran a front-page story about the increase in surrogacy tourism from would-be parents in China.  Due to rising affluence in China and the growing business of surrogacy in Los Angeles, there has been a steady demand for international intended parents coming here in search of a surrogate.

Many Chinese couples call our office seeking referrals for surrogacy agencies, egg donation agencies, fertility clinics, reproductive endocrinologists and mental health care professionals.  Below we’ve compiled a list of important things for Chinese couples to know when seeking a surrogate in Los Angeles:

• It is important to engage an attorney who is knowledgeable in immigration law both in California and China.  For many Chinese couples, the American birth certificate for their baby is an added benefit to using a surrogate in California.  However, the laws are complex and it is important to fully understand the benefits and drawbacks.
• If you are seeking a Chinese egg donor, it is critical to work closely with an agency who can help locate and screen potential donors.  
• Before entering into a surrogacy contract, Intended Parents should sit down with their attorney or agency representative to review the total costs involved with surrogacy, ensure there is adequate health insurance available for the surrogate and the baby, and fully understand the scope of the relationship with the surrogate.
• If you are entering into a private surrogacy arrangement, without the use of an agency, it is critical to engage an attorney, a mental health professional and a medical specialist.

The Family Formation Law Center works with the best and the brightest medical specialists, fertility clinics, cryopreservation laboratories, adoption agencies, egg/sperm donation agencies, psychologists and attorneys across the country and around the world.  If you are looking for professional advice and counsel regarding your family options, call our office to schedule a consultation at 310.598.6428 or email Info@FamilyFormationLawCenter.com.


Chinese couples come to U.S. to have children through surrogacy

This story ran in the Los Angeles Times on February 19, 2012 and was written by Shan Li

Americans have long gone to China to adopt babies. In a twist, Chinese couples are now coming here to become parents — through surrogacy.

China does not permit surrogate parenting, but that country's rising affluence has given many couples the option of coming to U.S. surrogacy clinics. California, with its large Chinese American community and its courts' liberal attitude toward surrogacy, is a prime destination.

Jerry Zhu and Grace Sun of Beijing have so far saved $60,000 toward the expected $100,000 cost of surrogate birth. They hope to come to Los Angeles later this year for the procedure.

"It's going to be expensive," said Zhu, who manages a furniture factory. "But if we have a child it will complete the family. We are hoping for a son."

U.S. and Chinese authorities say they do not track the numbers of Chinese couples coming here for surrogacy services, but surrogacy experts and clinic operators say there has been a sharp upswing.

"In the last year, it went from nonexistent to being tremendous," said Parham Zar, managing director of the Egg Donor & Surrogacy Institute in Los Angeles. He estimates that about half of his company's business comes from Chinese couples.

Surrogate Alternatives Inc. of San Diego has three agents in China who recruit couples. Last year about 40% of Surrogate Alternatives' 140 client couples were from China, Chief Executive Diana Van De Voort-Perez said.

Zhu, 42, and Sun, 35, said they haven't chosen a clinic yet, but know they want to have the procedure performed in Southern California because of the many clinics here that specialize in surrogate births. The couple, who requested that their English nicknames be used because surrogacy is frowned upon by many people in China, said they came to their decision after several miscarriages.

"Of course we would rather have our own child naturally, but we realized that that might be impossible," Zhu said.

Like most couples, Zhu and Sun hope for a so-called gestational surrogacy, in which an embryo created by the woman's egg and the man's sperm is implanted in a surrogate mother who will bear the child.

Clinic directors say a gestational surrogacy typically costs $80,000 to $120,000, with higher costs if there are complications or if repeated implants are needed.

The price rises about $30,000 if the prospective mother's eggs are not viable. In these cases, the clinics typically obtain eggs from donor clinics.

Most Chinese couples insist on eggs from ethnic Chinese women, which has led to inflated prices, said Dr. Jeffrey Steinberg of the Fertility Institutes in Encino.

A Caucasian woman normally gets about $5,000 to $8,000 for 10 to 14 eggs, Steinberg said, with the money technically being paid for the energy, time and pain associated with the "donation." An ethnic Chinese woman can command $15,000 and up for her eggs, according to Steinberg and other surrogacy specialists.

"It's supply and demand," Steinberg said. "Chinese are the premiums."

Shelley Smith, owner of the Egg Donor Program in Studio City, said she does not usually pay Chinese women more for their eggs, but acknowledged that she is planning to pay an ethnic Chinese woman who lives in New York $15,000, which is higher than her normal fee.

Much of that premium is because the woman is a repeat donor whose eggs have proved to be fertile, Smith said, but other factors are also at play.

"This Chinese egg donor is in great demand," Smith said. "She has perfect 1600 [SAT scores], she is very, very pretty, and she went to an Ivy League school."

Chinese clients have become so important that California surrogacy clinics hire agents based in China to drum up business.

Li Dong Ming works in Beijing for the Agency for Surrogacy Solutions and its sister company, Global IVF in Encino. She gets a "finder's fee" for every client who opts for that firm's service, but declined to specify how much that fee is.

Li said it's not a hard sell.

"They want to go to America because they think the science is better," Li said in Mandarin. "They want a precious treasure, and if finances allow, the dream is to have a baby in America."

A baby born in the U.S. is automatically granted U.S. citizenship, which remains valid even when the couple return to China with the newborn.

Robert Walmsley, an attorney who specializes in surrogacy cases, said American citizenship is an "extra perk" for his Chinese clientele, which he says has grown 20% over the last three years.

Like others, he says the trend is being driven by the robust Chinese economy. Clinic directors say many of their Chinese clients are middle-aged couples who can now afford the cost of raising a second child — and also can afford to pay the hefty financial penalty for violatingChina's"one-child" policy.

"In the last year we have had several Chinese couples already with a child between 16 and 25 years old," said Juli Dean, director of Coastal Surrogacy in Newport Beach. "They are literally starting over again and having a second family."

The process isn't always easy. Dean notes that some Chinese couples see the procedure as strictly a business transaction, viewing the surrogate mother as a hireling. American surrogate mothers, she said, tend to want to have a relationship with the couple whose child they are bearing.

"We have to educate [Chinese couples] that the surrogate is not an employee, that it's more than a business transaction," Dean said. "We have to say it's very disrespectful to the surrogate mother, and a lot of Chinese culture is about respect and not being disrespectful, so they can understand that part and relate to it."

Cultural differences aside, the procedure is also time-consuming — and doesn't always go according to plan.

Amy Lee, 42, and her husband, Harry, 48, of Hong Kong first flew to Los Angeles in 2010 to begin surrogacy procedures. The couple, who used their American nicknames, had always wanted a child, but their careers — she as a film professor, he as the manager of a tech company — had gotten in the way.

Their surrogate became pregnant but miscarried two months later. Later that year Lee went to Beijing to an underground surrogacy clinic. Her surrogate there miscarried too, and Lee decided not to try again in China.

So last year Lee came back to California three times to work with two surrogates. The first attempt did not result in a pregnancy, and the second attempt ended in a miscarriage.

The couple tried again in December with a different surrogate. That resulted in a pregnancy, and they are hoping it goes full term.

"There is a great demand for this in China, but it's illegal in China," Lee said. "So what are couples supposed to do?"