Israeli Cabinet Backs Bill Allowing Surrogacy for Same Sex Couples

Elad and his partner live in Israel with their one-month old daughter.  Both men served in the military and are as active as any other member of their community.  Their daughter was conceived using a surrogate in India.  Why?  Because same-sex couples and unmarried people are not allowed to use surrogacy in Israel.  However, a law which received the approval of the Israeli cabinet on Sunday, June 1 is aimed at changing this policy.  This new law extends the ability to use a surrogate in Israel to all couples, not just heterosexual couples.

The bill had been going through months of debate in the cabinet, but tensions on the bill were eased and the cabinet was finally able to vote.  While the bill does extend the rights to use surrogacy to singles and same-sex couples, it also imposes a few restrictions on both Surrogates and Intended Parents.  Surrogates are limited to three surrogate pregnancies and they can be no older than 38 (actually raising the maximum age).  Intended Parents must be no older than 54 and are only allowed to conceive two children through surrogacy.  Currently many LGBT couples have to go abroad (like Elad and his partner) in order to use a surrogate.  Most go to India or Thailand. The ability to use a surrogate in Israel will mean they no longer have to deal with all of the red tape of immigration and they will be able to bring a new member into their family.

Those who oppose the law argue that it merely “pays lip service” to the LGBT community in Israel.  Irit Rosenblum, founder of the “New Family” NGO in Israel states that the law will lead to couples dealing with committees and much more red tape in order to conceive a child.  He believes that it will just lead to fewer, not more, surrogacy arrangements.  Even so, members of the LGBT community are hopeful that the law will pass the Knesset, where it must pass three readings.   Supporters of the bill in Israel are optimistic, with Israeli Health Minister Yael German stating, “It feels like the ova are thawed and now we can create the baby and deliver it in the Knesset (Israeli Parliament).”  Elad and his partner are looking forward to the opportunity to add another child to their family and to be able to do that in Israel.

Ten words that describe infertility

This post was written by Steve Wiens and the original post can be found on www.SteveWiens.com

Here are ten words I would use to describe how infertility feels:

1. Lonely. We saw couple after couple get pregnant before us, our best friends included. When they told us, we high-fived them, then we went home, and hardly knew what to say to each other. We felt lost, sad, and even lonelier than before. We were excited for them; we were just very sad for us.

It’s okay to go home and cry your eyes out when your friends get pregnant.

2. Exposed. Everybody wants to give you advice, and some people say incredibly stupid things. My favorite: “You just need to stop trying so hard!” Some people want to know every excruciating detail of what you’re doing to get pregnant. Suddenly, your most private details are the subject of casual conversation. Once people know you’re trying, people want to know how it’s going, if you’ve done artificial insemination, if you’d consider IVF, and how it felt in that small white room with the gross leather chair & the bad magazines.

It’s okay to avoid the question, smile, and change the subject. Keep as many things private as you can (except to a few trusted friends).

3. On Hold. We were always checking the calendar, wondering if we should plan that vacation, or that work trip, because what if we’re pregnant? Then we stopped doing that, because we would have never lived if we would have scheduled everything around a “what if.”

It’s okay to miss a month or two; you have to live your life. This is hard, but over the long haul, it will create more stress if you feel so trapped that you can’t plan anything. We even found that it’s good to take a month off now and then.

4. Invaded. For women, there are so many things entering your body (probes, needles, drugs) and so many people measuring your progress. Even sex, at the mercy of a calendar or a temperature reading, can feel invasive. The loss of control can almost merge into a loss of self.  But, it feels like once you’ve started down this road, there’s no stopping until you get pregnant.

It’s okay to say what you need, and it’s okay to shore up your boundaries in whatever ways you can.

5. Awkward. During one of the first visits where I was given the small cup and ceremoniously ushered into the small room, I actually ran into some people from my church afterwards. Of course they had their baby with them. I had a small cup that contained very personal contents with me. They asked, “What are you doing here?” I mean, what do you say?

It’s okay to laugh at yourself sometimes. And when someone catches you with your cup in your hand, that’s all you can do.

6. Angry. Unfair is the password that gets you into the infertility club. Mary tells a story of a friend asking her if she was angry with God. “No!” she blurted. “I’m angry at pregnant women!” She knew this was irrational, but she also knew that it was good for her soul to be honest in safe places. You actually may be angry with God, and you may need to find some safe places to be honest about that.

It’s okay to express the darkness, even the stuff you’re terribly embarrassed about, because it’s good for your soul. But in the right places, with people who can handle it.

7. Stressed. Even though it seems like a stressed out couple is less likely to get pregnant, The American Society for Reproductive Medicine finds that there is no proof stress causes infertility. Besides, trying hard to “not be so stressed about it” never worked for us. It also didn’t help to “just stop trying.” Everybody has a friend who was infertile for 73 years, and the day they stopped trying, they got pregnant. That never happened with us.

It’s okay to be stressed. Don’t stress about your stress. Trying hard not to be stressed is silly.

8. Despair. The cycle of hope and despair with infertility can take you out. I remember getting so excited when Mary was 2 days late, and just knowing that this time, it’s going to happen! Then, a few days or hours later, when she told me she got “it,” I would plunge into despair. The alternative is to temper your hope so that your despair doesn’t get so low. After about a hundred months of experiencing this cycle, we found that the best route is to keep hoping, and if it doesn’t happen, keep crying. It’s too hard to pretend that you’re not excited and that you’re not depressed. Be excited. Be depressed.

It’s okay to hope, and it’s okay to cry. Keep hoping and keep crying.

9. Loss. This was not how it was supposed to be. This was not what you dreamed it would be. And you don’t know how it will end.

It’s okay if you don’t know how to wrap your mind around your emotions. Be gentle with yourself for not totally having control of how you feel from moment to moment.

10. Ambivalence. Every time you have to go through another kind of treatment, you ask yourself: “Is it worth it? Do I really want it that bad?” And then in the very next breath, you are taken out by the sheer magnitude of how much you want a baby.

It’s okay to want and not want. That’s normal. 

If you’re struggling with infertility, it can be such a dark time. You have to be out loud with each other about what you need, and every journey will be different. You have to give yourselves permission to do this journey in whatever way makes the most sense for you.

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.

 

 

A Texas Mother is Closer to Creating her Late Son’s Child

Much debate surrounds this issue of using someone’s sperm posthumously but it usually involves a husband or partner who has passed away.  In this case, it is a mother who is seeking to conceive a child by collecting her son’s sperm while he lay in a coma and on life support.  

According to the U.K.’s Daily Mail, 44-year-old Marissa Evans has found a surrogate in Mexico who is willing to carry her grandchild.  She has also hand-selected an egg donor from a list of potential candidates and now must only secure the financing to proceed with her plan.  

In 2009, Evans’ son, 21-year-old Nikolas Evans, sustained a head injury while trying to break up a fight in Austin where he fell, hit his head and lost consciousness.

The article on NBC.com cited Tom Mayo, director of Southern Methodist University’s Maguire Center for Ethics and Public Responsibility, agrees with the sentiment.  Mayo told the Associated Press in 2009 that the desire to replace a deceased child is a classic scenario that, in this case, took a nontraditional turn.  

“This is a tough way for a kid to come into the world.  As the details emerge, and the child learns more about their origins, I just wonder what the impact will be on a replacement child,” said Mayo.  

The United States does not have specific legislation regarding the rights of men on gamete donation following their death, which leaves the decision in the hands of individual clinics and hospitals.  As such, many medical institutions implement in-house policies regarding circumstances in which the procedure would be performed.  

Many ethical issues surround the extraction and use of gametes from cadavers or patients in a persistent vegetative state.  The most debated are those concerning religion, consent, and the rights of the surviving partner and child if the procedure results in a birth.

This complex legal issue can arise in a variety of circumstances.  For a more information and to schedule a consultation with Kesten Law, please call 877-887-4403 or email info@kestenlaw.com.  


Breaking the Silence Around Infertility

This morning on The Today Show, Alisyn Camerota opened up about her struggle with fertility and the solace she found by attending support groups and talking with women who were facing similar situations.  

The Today Show cited a national study conducted by the National Survey of Family Growth that found that 1 in 8 couples face infertility.  However, many say this subject is still taboo and face this often emotionally crippling struggle in silence and solitude.  

Cameroda says she didn't want to talk about it with her friends, her family, even her own mother.  "It's an embarrassing disorder . . . when I found a support group, it was the only moment that I felt solace." Cameroda confessed on Today.

A recent study from Harvard University's medical school found that support groups can more than double the chances of conceiving for women struggling with fertility -- from 20 percent to 54 percent.

"This information is incredibly encouraging in terms of the importance of emotional support," said Linda Applegarth of the Cohen-Perelman Center for Reproductive Medicine at New York Presbyterian Hospital/Weill Cornell.

Kesten Law offers a full spectrum of legal services for those working with Assisted Reproductive Technology (ART). If you are looking for an egg donation lawyer, sperm donation lawyer or surrogacy lawyer in Los Angeles or anywhere in California, please contact us via email at info@kestenlaw.com or 310.598.6428.  

To find a support group near you, contact RESOLVE, The National Infertility Association at www.Resolve.org. 

To view the segment from the Today Show, please click on the following link:

http://moms.today.com/_news/2011/02/24/6122759-alisyn-camerota-why-im-speaking-out-about-my-struggle-with-infertility