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Alabama Supreme Court determines that embryos are children

Posted On February 22nd, 2024

What is a frozen embryo, exactly? With in vitro fertilization (IVF), the embryologist combines the sperm and eggs to create fertilized eggs or embryos. It takes 3-5 days to create an embryo that is ready to freeze for later use (it can also be genetically tested at this point, to see if it is chromosomally normal). This “blastocyst” contains 70-100 cells: some will develop into fetal tissue and some into the placenta.

There are hundreds of thousands of frozen embryos in the US as a result of IVF. During an IVF “cycle,” hormones are administered to stimulate the maturation of more than one egg (which is typical in a normal menstrual cycle). This is to increase the chances of having a healthy embryo, as not all eggs will fertilize. The more eggs there are, the better chances of having a healthy embryo to transfer, and the better the chances of a successful pregnancy. Many times, there are leftover embryos (not always of the highest quality) that remain frozen in perpetuity.

In Alabama, these embryos, these masses of 100 cells each, with no hearts, brains, bones, or blood, are considered persons. This enforcement of this proclamation is unclear. Taken to its literal extreme, it can be terrifying to hopeful parents.

In order to create a pregnancy, an embryo must be thawed and then transferred to the intended mother’s (or surrogate’s) uterus, which as been prepared with hormones. What if the embryo does not survive the thaw: would this be considered a wrongful death?

 

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Desperately Seeking Surrogates (New York Times, April 2)

Posted On April 2nd, 2022

The New York Times article on April 2, 2022 (“Desperately Seeking Surrogates”) has some accurate information contained within along with plenty of misguided and misleading statements.  Some key points:

  • Surrogate mother (gestational carrier) fees are NOT unregulated at all.  What they are not is “pre-fixed” (antitrust litigation in the third party area of fertility has made sure that won’t happen).  However, judges who issue parentage orders in surrogacy matters can and often do inquire as to the compensation and other costs which are paid.  There is judicial oversight – not the “wild west” atmosphere which is implied in the story.
  • When gestational carriers (“GC”) and intended parents (“IP”) are left to negotiate compensation on their own, it can often devolve into an unseemly and emotional exercise in bargaining.  IP are beyond eager for a child and know GC are in demand and the GC is aware that she is a scarce resource and is venturing into a negotiation with generally well-heeled and anxious benefactors.  Having set fees ahead of time – generous and known to all – eliminates this type of horse-trading and accomplishes the goals of both sides.  IP want their GC to know she is appreciated and being treated well.  GC wants to feel valued and respected for her vital contribution.

What is on the mark in this piece is the realization that there are fewer qualified carriers these days to go around.  More couples and singles (single men and women are intended parents,

 

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Surrogacy in Ukraine Worries Parents-to-Be

Posted On March 3rd, 2022

We feel for any parents-to-be who are fearful and frightened about the outcome of their pregnancy, but the situation in Ukraine right now is unique and particularly disturbing. 

Ukraine effectively replaced India some years ago as a venue for low-cost surrogacy and intended parents from the US, Europe and other parts of the world have been gravitating to the country to be able to work with clinics, programs and gestational carriers at fees they can more easily afford.  It is completely understandable that for aspiring parents of more modest means who also desire a genetic link with their child, the costs associated with a top-flight US-based IVF clinic, established surrogacy program and qualified and responsible surrogate mother are often prohibitive. 

Sadly, there are trade-offs in the pursuit of lower cost surrogacy – quality of medical care, background of carrier and security of the legal proceedings had been the chief ones intended parents needed to understand and accept.  Now political unrest and potential for violence/war have to be risks taken into consideration.  We are hoping that every surrogate mom in Ukraine gets to complete her pregnancy in a safe environment and every intended parent ends up with a healthy baby.

 

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Instagram Live with Mama Glow

Posted On May 3rd, 2021

Here is the link to Kathy Benardo’s IG live interview with Mama Glow. We discussed many issues regarding third party reproduction. https://www.instagram.com/tv/COQjpkfpMBh/?utm_source=ig_web_copy_link

 

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Surrogacy Finally Legal in New York!

Posted On April 14th, 2020

The Child-Parent Security Act has passed in New York, but the regulations for a New York surrogacy are so onerous, I suspect most New York residents will work out of state anyway. The law is applicable to situations where the carrier resides in and/or will deliver in New York State.  If intended parents live in New York and work with an out of state gestational carrier, the additional burdens and expenses involved with satisfying New York’s statutory requirements will not apply.  New York’s statutory framework in the CPSA has been promoted (by the legislators and lawyers involved in its creation, primarily) as ground-breaking.  It is not.  Many states and surrogacy programs have been protecting carriers and intended parents carefully and comprehensively for years.

 

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Pennsylvania Moms Make Great Surrogates!

Posted On January 18th, 2020

Pennsylvania women can serve as gestational carriers no matter where in the state they live: surrogates stay with the OB/GYN practice where they had their own children and their everyday schedule stays pretty much the same. Minimal travel is required.

With the Northeast Assisted Fertility Group, surrogates choose the intended family that is the right fit for them. They receive expert attention and the best medical care.

Put money into savings, toward college educations for the kids, or just general expenses: base cash compensation starts at $50,000 and the total compensation package will exceed $60,000.

 

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