Inaugural Third Party Reproduction Seminar

Fertility SOURCE Companies is proud to present the First Annual West Coast Third Party Reproduction Seminar on Friday, April 25, 2008. We have arranged a group of speakers who are prominent in the Third Party Reproduction field. We will also be hosting roundtable discussion sessions on key subjects of interest to all those who are involved with treatments relating to Egg Donation and Surrogacy.

We will be hosting a one-day program that will cover the following topics:

Current Controversies in 3rd Party Reproduction

• Professor Judith Daar, Whittier Law School

Update on Egg Freezing

• Lisa Souza, RN, MBA, CEO, San Diego Fertility Center
• Katherine Mi, MBA, Embryologist, San Diego Fertility Center

Third Party Reproduction: The Psychological Perspective

• Sylvia Marnella, PhD, Clinical Psychologist, Center for Human Infertility and Reproductive Psychology

Roundtable Discussions on Egg Donation and Surrogacy

• Donna Raidy, Director of Case Management, The Donor SOURCE
• Catherine Pateman, Director of Donor Marketing and Recruitment, The Donor SOURCE
• Jamie Williams, Surrogate Program Director, The Surrogacy SOURCE

As Third Party Reproduction becomes a more important aspect of the fertility world, it is critical to keep up to date on new developments in the clinical, legal and administrative realms.  Each year, our annual seminars will focus on the major areas of interest. We think your attendance will be worthwhile and we look forward to seeing you.

The program will run from 10 AM to 4 PM and will be held at the Atrium Hotel near John Wayne Airport in Orange County, California. We have scheduled the 10 AM start time to allow for the drive time from Los Angeles and San Diego. Complimentary lunch will be served as part of the program.

Please RSVP to Anya Kearns at Fertility Source Companies (877.375.8888, ext. 300) by Friday, April 11th.  There is no charge to attend this conference, but space is limited.  We encourage you to RSVP early to ensure a seat.

Egg Donation Regulation Variances

Gregory Masler, Esq.

It is often assumed that egg donation in the USA is a new, unsettled area of law or that the process is unregulated. Despite these statements, the truth is that there are laws and regulations in the United States. The appearance of the relative lack of government control over egg donation makes the United States an attractive place for international infertile patients to fulfill their dreams of being a parent.

The pretense that the egg donation process is unsettled in the USA is mostly due to the fact that the number of states that have laws regarding egg donation are few and far between. Fortunately for participants in the egg donation process, the statues in these states are not convoluted and appear to be clear on their face. Some states have evident egg donor legislation, including Florida and Texas. Other states, including California, have case laws (otherwise known as “common laws”), which are developed through previous court decisions as opposed to statutory laws. In California, case laws were promulgated by the 1993 case Johnson v. Calvert and the 1998 case In re Marriage of Buzzanca.

In Johnson v. Calvert (5 Cal. 4th 84; 19 Cal. Rptr. 494) the California Supreme Court held, amongst other things, that existing California law recognized both genetic and blood kinship as well as giving birth as a way of establishing a maternal relationship. The Court also recognized that these two methods may not coincide in one woman, but if she intends to bring about the birth of a child that she intends to raise as her own, she is the natural mother.

In the subsequent In re Marriage of Buzzanca case (72 Cal.Rptr. 2d 280), a California appellate court held that an existing California law regarding an artificial insemination statute (Family Code Section 7613, which makes a husband the lawful father of a child unrelated to him) applies to both to husband and wife, who together have contracted with a surrogate, who agrees to implantation of an embryo which consisted of a donated egg and donated sperm (both coming from unidentified donors) would be treated as natural parents. This court also reiterated the ruling in the Johnson v. Calvert case that under existing California law, a woman’s legal parentage is not limited to giving birth or contributing genetically.

Other countries are seemingly less hesitant to regulate egg donation. Regulations vary by country and range from of the out-right banning of egg donation, to the establishment of guidelines for egg donor compensation, to the creation of a national egg donor registry. Countries that ban egg donation include Germany, in which it is a crime with a punishment of up to three years in prison to engage in egg donation. This rule also applies to gestational surrogacy. Germany is one of the most restrictive countries in Europe. In Italy and France, egg donation is allowed, although donors are prevented from receiving compensation except for travel expense reimbursement.

The United Kingdom has recently established the Human Fertilization and Embryonic Authority (HFEA). Donors’ compensations are limited to “reasonable expenses,” and, as of April 2005, all donors must register with a government registry. This registry serves as a record of all egg donations, and allows people conceived through donation the future opportunity to learn about their genetic background. Identifying information about the donor can be given to people conceived from donation once they reach the age of 18. Egg donors participating in cycles after April 2005 are required to provide their name, date/place of birth, and last known address. Prior to 2005, anonymity was permissible. This registry also serves as a tool to prevent “biological relatives” from marrying or having children.

Canada established the Assisted Human Reproductive Act which, amongst other things, prohibits the purchase, offer to purchase, or advertising for the purchase of ova (eggs). The Canadian law also prohibits obtaining or using any ova from a donor under 18 years of age, except for the purpose of preserving them or for the purpose of creating a human being to be raised by the donor themselves.

As is apparent from this analysis, laws regarding egg donation vary from state to state, as well as from country to country. This may be in part due to prevalent cultural, historical, or religious views in different regions. This is a still developing area of the law, but we can hope that such regulation will not burden the ability for many who need such assistance in having a child.