Friday Legal Updates – Embryo Dispute, Donor Conceived Children & Octuplets

Well, we have quite a day in legal news today. So, let’s start with the notorious octuplets –

As Sarah Palin, whether you like her or not, would say “Joe, say it isn’t so” to this one. This week I reported that this mother of eight should not be judged until “we have walked in her shoes,” but today all of the news outlets (such as LA Times, GMA, Today, etc.) are reporting that she already has six kids and reproductive technologies were used, whether IVF, Clomid, or some other means.

http://latimesblogs.latimes.com/thedishrag/2009/01/as-the-news-bre.html

http://latimesblogs.latimes.com/thedishrag/2009/01/as-the-news-bre.html

http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/ww...

Karen Hammond of the AFA stated “I congratulate this lady for having the fortitude to carry octuplets to viability, but in a sense, this birth represents a failure of infertility treatment. The majority of such high-order multiple pregnancies end with loss of all the infants, and multiple pregnancy poses dangers for the mother as well,” says Hammond.

http://www.theafa.org/press/releases/the_american_fertility_association_...

Even Fox News made a great argument stating that the focus should not be on why she did not selective reduce, but why, if the story is true, did her physician place eight, yes 8, embryos into her uterus. I certainly hope that it was not an American physician – what will the ASRM say or do about this? Either way, I am concerned about regulation due to the actions of a few if embryos were transferred.

I think that the jury is out on this one until we get all of the facts, but here is the update. Let’s see how it turns out. What do you think?

Now, as for the donor conceived case filed in Canada, the court has ruled as follows:

“For the first time in Canada a court has ruled on the legitimacy of a donor contract in determining the competing parental rights of a lesbian couple and a gay man who was the sperm donor.

The precedent-setting court ruling that the agreement is not enforceable could open the door for a child to have three or four recognized parents in "known donor" situations.”
At the same time, it may also have a chilling effect on lesbian couples seeking a specific donor and who want their child to know the identity of the father.

The legal dispute involves a lesbian couple in Toronto and a gay man who agreed to be their sperm donor and play an active role as a parent.

http://www.nationalpost.com/rss/story.html?id=1233014

And, finally, we have a woman who has died leaving three frozen embryos. It is stated that her fiancé, who sperm was used, wants to use his sister as a carrier. The dead woman’s mother is poised to fight that this is not her daughter’s wishes. We will see where this one goes.

http://www.news.com.au/story/0,27574,24960713-1243,00.html

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer
www.EricksonLaw.net

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