We have seen a marked increase in straight and gay European, Asian, and South American singles and couples coming to us as intended parents eager to pursue surrogacy. It is important to establish a proper legal foundation for these transnational cases (as well as for those involving donor eggs). The immigration component is critical–we always insist on a cooperative relationship with counsel from the home country of the intended parent(s).
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According to a survey published in Fertility and Sterility, about a third of about 100 donor recruitment organizations studied do not adhere to the ASRM’s ethical guidelines. These guidelines include the minimum age of 21 for egg donors, the cap on donor compensation of 10K, and a compensation rate not based on donor characteristics or previous donation results.
This last requirement is the least understood by both donors and recipients. Some recipients question our uniform 10k compensation, commenting that 10k is a big sum for an “unproven egg donor.” But they do not realize that the donation process is the same for a first timer as it is for a third timer, and the donor is being paid for her time and effort, not for her eggs. As long as the retrieval occurs, the donor gets paid her full compensation, whether 7 or 37 eggs are retrieved (whether the eggs get fertilized, grow into healthy embryos, and result in a pregnancy and live birth is another story).The donor does not get paid any part of her compensation (in our program) if the retrieval does not occur, so this lessens the financial risk.
As far as setting individual compensation according to SAT scores, prestigious educations, looks, etc.: rating women according to these measures is, to put it plainly, just gross. That is another justification for our uniform compensation policy.
Although the ASRM guidelines may seem arbitrary in some respects and could use updating (especially the 10K cap),
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Some observations on The New York Times article today: Firstly, IVF is so expensive that even mature adults with established careers need their parents to pay for it. Secondly, most eggs retrieved and frozen are not viable, that is, they will not become healthy embryos that result in live births. A typical result of a cycle with an egg donor in her 20s would be something like 12 retrieved, 10 mature, 7 fertilized, 2 transferred, 2 frozen, and with luck, a positive pregnancy that goes to term. If you retrieve 12 eggs and freeze them, not all will survive the thaw and fertilize. If a woman wants to preserve her fertility, she should do it in her 20s, but the need does not present itself until a woman is in her 30s.
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Sanford M. Benardo, Esq., president of Northeast Assisted Fertility Group, appeared on ABC’s The View this week, in an exciting episode co-hosted by special guest Giuliana Rancic focusing on surrogacy.
Update – A summary of what was discussed:
Where is Surrogacy legal?
What is the difference between ‘Traditional’ and ‘Gestational’ surrogacy?
What makes a good surrogate?
If you would like to learn more about becoming a surrogate be sure to check out our
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Sanford M. Benardo will be speaking at the Albany Law School on October 28. The Albany Law Journal of Science and Technology has dedicated its 20th anniversary symposium to assisted reproductive technology and Sanford’s talk will cover the concerns of recipients and concerns of donors in egg donor contracts.
Click here for more info. (The symposium can always be viewed live via web.)
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The following is a response to “The Human Egg Trade (How Canada’s Fertility Laws are failing donors, doctors, and parents)”.
The situation in Canada demonstrates how a lack of clear regulations for egg donation has a ripple effect of deviance from standard protocols in other parts of the process. The egg donation arrangement where a young woman was coerced to donate for an unofficial compensation even after having a failed cycle which produced no viable embryos and caused her painful hyperstimulation, was handled badly at every step, starting with egg donor/recipient relations to the medical procedure. What doctor would agree to cycle an egg donor after her last retrieval was so poor?
Doctors in the US scrupulously pore over egg donors’ records, and if there are any concerns she would not be allowed to donate again. Perhaps it is the ready availability of so many good candidates in the US that allows American doctors to be so picky. Doctors also have their own success rates at stake, which they need to maintain to attract patients.
The egg donation business in the US shows how a sensibly regulated free market works to the advantage of all, especially compared with Canada’s grey market or the UK, where they are so skittish that compensated donation is completely banned.
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See the article, “Egg donors rise as U.S economy falls“.
“Remember that egg donation helps a lot of people; it is safe if done by a professional, medically-ethical clinic. It helps the donor, and it helps the recipients have a child.”
– Kathy Benardo, Northeast Assisted Fertility Group
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Of course, only you can make a decision about your child. But in my experience, openness and honesty is rewarded with respect. On the other hand, secrecy and deception fosters anger and resentment.
Your child will love you no less with the knowledge about his or her conception. It does not threaten the family unit at all, but inspires new connections. Take a look at this Science Daily article: “Re-shaping The Family: What Happens When Parents Seek Siblings Of Their Donor-conceived Children“.
Parents who have conceived children with the help of sperm or egg donors and then try to find the egg donors — and also other children conceived with the donors’ help — often end up creating new forms of extended families, according to new research.
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CNN has run an article, “Six embryos?! How to avoid a fertility fiasco” which spotlights the birth of octuplets to Nadya Suleman last month, and the picture this has painted of fertility clinics.
This article demonstrates how important the ASRM’s guidelines are in keeping fertility treatment safe as well as free of government intervention. Make sure your clinic and/or egg donation agency is a member of ASRM and follows its recommendations.
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