The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

compensated gestational surrogacy

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York underscores the need to pass this legislation and shows that it would provide the most comprehensive protections for gestational carriers in the US.compensated gestational surrogacy

This report on the regulation of compensated gestational surrogacy in New York, issued in March 2020 to the New York State Legislature by Weill Cornell Medicine and the Cornell Law School is one of the most comprehensive reports of its kind and leads the reader to now other conclusion but that New York’s pending legislation, The Child Parent Security Act, would be the most protective of gestational carriers, or surrogate mothers, of any piece of legislation in existence in the US.  Surrogacy legislation  can be ethical and comprehensive.

To quote from the article, “The trend among state legislatures in the United States is to permit rather than prohibit compensated gestational surrogacy. Since 2000, fifteen states and the District of Columbia have acted to explicitly permit compensated gestational surrogacy. On the other hand, only four states have taken a prohibitive approach since 2000 and two of those states permit uncompensated gestational surrogacy.”

“In forty-four states there is no prohibition on surrogacy by statute or there is explicit or implicit permission. Even in the six states that have statutes that appear to prohibit surrogacy, courts have granted pre-birth orders to intended parents and have issued other pro-surrogacy decisions. Consequently, surrogacy in varying ways, including by approving pre-birth orders.”

“In sum, the health and medical literature does not weigh in favor of continuing to prohibit gestational surrogacy in New York. There are generally no disparate health outcomes for gestational carriers as compared to non-gestational carriers using assisted reproductive technology (ART) nor are their disparate health impacts on children. Additionally, there are no disparate psychological impacts on gestational carriers as compared to women who have had spontaneously conceived pregnancies. States across the country are moving to legalize and regulate gestational surrogacy in the last decade.”

March 20, 2020 by Cornell Weill Medical Center and Law School 

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Why a lack of oversight of surrogacy in Canada leaves some parents feeling taken advantage of

surrogacy in Canada

Surrogacy in Canada: Legal experts say Health Canada’s new rules won’t solve industry’s transparency problems of 

Surrogacy in Canada – Cuddling a child of her own was something cancer survivor Anna Camille Tucci feared might never be possible.surrogacy in Canada

In 2017, the Toronto woman had a full hysterectomy as part of treatment for ovarian cancer — but not before doctors harvested her eggs and created embryos with her husband’s sperm.

“Since I can remember, I wanted kids….That’s just something that was in my heart since I was tiny,” she said. “Even the thought of not being able to carry [a baby] — that was really difficult.”

But in December 2019, the 30-year-old’s dream of being a mom came true. A surrogate gave birth to Tucci’s healthy baby boy.

Motherhood has been “bliss,” Tucci says, yet she can’t shake lingering questions she has about the thousands of dollars she and her husband paid through the surrogacy agency they’d hired to help them navigate the delicate process.

With surrogacy in Canada, it is illegal to pay a surrogate, but it is legal to reimburse her for pregnancy-related expenses such as additional food, clothing, vitamins and any transportation costs she incurs traveling to her medical appointments. In some cases, the transactions are handled using a trust that is set up and managed by a surrogacy agency.

Over the course of a three-month investigation, CBC News spoke with dozens of people involved in surrogacy in Canada, including parents, surrogates and lawyers; their experiences reveal a burgeoning industry in which agencies lack oversight and mandatory transparency.

Five different families raised concerns about money that was paid to surrogates through their trust accounts.

Tucci wanted to know how nearly $2,000 a month was being spent, but the agency’s policy was that receipts aren’t released until after the birth.

In another case, an Ontario father demanded his agency send him his surrogate’s receipts. He found many didn’t have dates, some were duplicates, others were from before he’d met his surrogate, and one had a lottery ticket listed.

“I think people have found a way to pull the parents’ heartstrings,” Tucci said. “I think the industry as a whole — everyone that’s involved in it — I think they’re all there to make money in the end.”

Growing demand for surrogates

The most up-to-date data from Statistics Canada shows roughly one in six couples in Canada experience infertility — a figure that has doubled since the 1980s. Infertility combined with an increase in same-sex couples starting families means the demand for surrogates has boomed.

No public health agency tracks surrogate pregnancies, but data voluntarily provided by Canadian fertility clinics shows at least 816 surrogate births were reported between 2013 and 2017.

Once couples factor in fees for agencies, lawyers and fertility clinics, the cost can quickly reach $100,000 per pregnancy.

Introduced in 2004, Canada’s reproductive legislation was meant to prevent the exploitation of women and the commercialization of surrogacy.

The maximum penalty for paying a surrogate for things that aren’t pregnancy-related is a $500,000 fine and up to 10 years in prison.

Parents shocked by cost of reimbursements

Tucci and her husband selected a surrogate through an agency and paid the company nearly $10,000 in fees for consultation and to manage their surrogate’s monthly reimbursements through a trust fund. They negotiated a legal contract with their surrogate that allowed her to claim expenses up to a maximum of nearly $2,000 a month during the pregnancy.

“We thought she would never actually meet that max that we had in the contract. But we found out that that’s not true,” Tucci said.

The surrogate would submit her receipts to the agency every month. The agency would then review them and reimburse her through the trust fund.

Agency says it is ‘extremely diligent’

The five families who shared their stories with CBC News were clients of the same agency — Canadian Fertility Consulting (CFC).

CFC says it is the largest agency in the country. It has roughly 400 ongoing surrogate-couple relationships and oversees some 300 surrogacy births every year.

Owner Leia Swanberg is the only person who’s ever been charged for paying surrogates in Canada.

RCMP raided Swanberg’s Cobourg, Ont., offices and she was charged in February 2013. Later that year, she pleaded guilty to regulatory offences for paying surrogates without receipts and was fined $60,000.

by CBC.ca, Chris Glover, Chelsea Gomez, Laura Clementson March 2, 2019

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Commercial Surrogacy – a Complicated Legal Picture

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Commercial Surrogacy’s Complicated Legal Picture

After trying to conceive through nine cycles of IVF, unsuccessfully, Alexis Cirel’s doctor suggested she and her husband take a different route: a gestational surrogate and commercial surrogacy.commercial surrogacy

“It was a hard decision and it took months of introspection,” says Cirel, an attorney in New York City. Ultimately, she agreed with her doctor. But surrogacy wasn’t legal in her home state, and she worried about the risk that her “biological child would not be my legal child” under state law.

New York is currently one of three states (along with Louisiana and Michigan) that don’t allow surrogacy contracts (though the remaining states vary greatly in their regulation of surrogacy) but may soon join the majority, with legislation on the table to make paid (aka commercial) surrogacy legal.

In the absence of a national policy, state legality issues date back to 1984, when a couple put an ad in the newspaper seeking a surrogate. Mary Beth Whitehead, of New Jersey, responded, and gave birth to Baby M. But everything soured when she wanted to keep the baby, which was conceived with her own egg. The New Jersey Supreme Court found that the payment to Whitehead was illegal, but ruled against her on the issue of custody: Baby M. went to the intended parents, though Whitehead received parental rights.

After the debacle, New York criminalized gestational surrogacy by fining parents and anyone who assists them, says Anthony Brown, New York-based founder of Time For Families Law, and the founding chairman of Men Having Babies, a nonprofit organization that educates gay men about surrogacy. The law was created to address traditional surrogacy (fertilizing the surrogate’s egg), but was extended to prohibit gestational surrogacy, where the child has no genetic relationship with the surrogate, rendering any contracts for “altruistic” surrogacy void and all commercial surrogacy contracts illegal.

Many people think it’s time to revisit the issue.

New York Gov. Andrew Cuomo recently launched a campaign to legalize gestational surrogacy, after a 2019 effort failed, and he has support from families, attorneys, LGBTQ rights groups, and even celebrities (Bravo’s Andy Cohen was present for the campaign announcement).

“This antiquated law is repugnant to our values, and we must repeal it once and for all and enact the nation’s strongest protections for surrogates and parents choosing to take part in the surrogacy process,” Cuomo said in a statement.

The new legislation would create protections for surrogates so they could make their own health care decisions, including whether to terminate a pregnancy; would create legal protections for parents of children conceived by reproductive technologies such as artificial insemination and egg donation; and would eliminate barriers to second-parent adoption (a single visit to court to recognize legal parenthood while the child is in utero would suffice).

Many New Yorkers use surrogates but travel to other states to use them. Repealing the bill would simply make it easier and safer for everyone involved, Cirel says. She switched from her corporate law role to become a family law and matrimonial attorney after going through the surrogacy process, and she is a member of New York’s Love Makes a Family Council, created in conjunction with the proposed law.

Romper.com, February 19, 2020 by Danielle Braff

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Dozens of anti-LGBTQ state bills already proposed in 2020, advocates warn

anti-LGBTQ state bills

Many of the anti-LGBTQ state bills focus on transgender youth, including legislation in South Dakota that would make it a felony to provide trans health care to minors.

Like most high school students, Aerin Geary does not typically pay attention to state legislation. However, the South Dakota teenager has been closely following House Bill 1057, a Republican anti-LGBTQ state bills proposal that would make it a felony for medical professionals to provide transgender health care to minors.anti-LGBTQ state bills

“This bill makes me feel scared, since this is something that affects me deeply,” Geary, 15, who identifies as nonbinary and uses they/them pronouns, told NBC News. “Transitioning is something that I’ve been hoping to get and been yearning for for years.

The high school sophomore is afraid that if the legislation passes, plans to take puberty-suppressing medication will be delayed indefinitely.

“I recently managed to convince my family to allow me to start transitioning, and I’m so close to getting there,” Geary said. “To take it away from me when I’m so close would be a huge blow to my hope.”

HB 1057, which successfully passed out of committee on Wednesday, would make providing certain forms of gender-affirming medical care to minors — including the prescription of puberty blockers — a Class Four felony, which in South Dakota carries a penalty of up to 10 years in prison. Proponents say the bill is needed to protect children from rushing into a “life-changing” decision, while critics say it interferes with the doctor-patient relationship and could cause physical and psychological harm to trans youth.

South Dakota’s trans health care bill is not the only state legislation that has lesbian, gay, bisexual, transgender and queer advocates sounding the alarm. In fact, they say it’s just one of at least 25 anti-LGBTQ state bill s that have been proposed so far in 2020.

Many of the bills, like South Dakota’s, focus on transgender youth, but a number of others deal with nondiscrimination protections and religious exemptions. Chase Strangio, deputy director of the ACLU’s LGBT and HIV Project, called this legislative session “one of the most hostile” for LGBTQ people in recent years.

Trans youth and health care

Bills seeking to limit transgender health care for minors have been introduced in at least seven states this month — all by Republican lawmakers.

Like South Dakota, Florida and Colorado have introduced bills that carry criminal penalties. The “Vulnerable Child Protection Act,” one of four bills proposed in Florida last week that have been opposed by LGBTQ advocates, would make providing certain medical care or treatments to transgender minors — including nonsurgical care, like hormone therapy — a second-degree felony. Medical practitioners could face up to 15 years in prison and a $10,000 fine.

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Tennessee lawmakers pass legislation allowing adoption agencies to deny gay couples

religious liberty

Tennessee lawmakers are already making waves on the first day of the Legislative Session with passing a bill that would allow some adoption agencies to deny gay couples.

TennesseeIn the first bill voted on for the year, Tennessee lawmakers have passed HB 836/SB 1304. The bill would allow faith-based, private adoption agencies to deny certain couples. The bills prohibit privately licensed agencies from being required to perform, assist, consent to, refer, or participate in foster placement or adoption of a child with a family that would violate the agency’s written religious or moral convictions.

The bill passed the House last year and Senators voted to pass the measure on Tuesday. On Tuesday, 20 lawmakers voted yes and 6 voted no. Lt. Gov. Randy McNally declined to vote on the measure.

Fox17.com by Kaylin Jorge, January 14, 2020

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Methodist Split Over Same-Sex Marriage – United Methodist Church to Divide

Methodist Split Over Same-Sex Marriage

Under an agreement to be voted on in May, a new “traditionalist Methodist” denomination would split over same-sex marriage and continue to ban same-sex marriage and gay and lesbian clergy.

Methodist split over same-sex marriage – A group of leaders of the United Methodist Church, the second-largest Protestant denomination in the United States, the United Methodist Church, announced on Friday a plan that would formally split the church, citing “fundamental differences,” a split over same-sex marriage after years of division.catholic

The plan would sunder a denomination with 13 million members globally — roughly half of them in the United States — and create at least one new “traditionalist Methodist” denomination that would continue to ban same-sex marriage as well as the ordination of gay and lesbian clergy.

It seems likely that the majority of the denomination’s churches in the United States would remain in the existing United Methodist Church, which would become a more liberal-leaning institution as conservative congregations worldwide depart.

A separation in the Methodist church, a denomination long home to a varied mix of left and right, had been brewing for years, if not decades. It had become widely seen as likely after a contentious general conference in St Louis last February, when 53 percent of church leaders and lay members voted to tighten the ban on same-sex marriage, declaring that “the practice of homosexuality is incompatible with Christian teaching.”

“We tried to look for ways that we could gracefully live together with all our differences,” Bishop Cynthia Fierro Harvey of Louisiana said. After last year’s conference, she said, “it just didn’t look like that was even possible anymore.”

In the months following, Bishop Harvey and 15 other church representatives came together in an informal committee that determined separation was “the best means to resolve our differences, allowing each part of the church to remain true to its theological understanding.”

The United Methodist Church is only the latest denomination to be roiled with intense and exhausting theological disputes over the place of L.G.B.T. members and clergy. Such fights have led to an exodus of congregations from Presbyterian and Episcopal churches in recent years, and pushed young evangelicals and Catholics to leave the pews as well.

Representatives from the Methodists’ wide-ranging factions, including church leaders from Europe, Africa, the Philippines and the United States, hammered out the separation plan during three two-day mediation sessions held at law offices in Washington. The negotiations largely centered on how to allocate the church’s significant financial assets and how to craft a separation process.

Once the agreement is written in more granular detail, it must be approved when the denomination meets for its global conference in Minneapolis in May. The initial response from some conservatives and liberals after the announcement suggests its passage is likely.

NYTimes.com by Campbell Robertson and Elizabeth Diaz, January 3, 2020

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Opinion – What Happened to All Those Frozen Eggs?

Frozen Eggs was supposed to be as revolutionary as birth control. It hasn’t lived up to the hype — but it has still changed women’s lives.

Frozen eggs – The potential for egg freezing to allow women to pause their biological clocks is one of the most astonishing developments of recent fertility science. The promise was thrilling: Women could enjoy more time to find the right partners, break up with the wrong ones and become emotionally and financially ready to become mothers.Egg Donations

Enthusiasts even fantasized the technology would promote gender equality by giving women control over their fertility so that they wouldn’t have to scale back their career ambitions during their 20s and 30s. “Freeze Your Eggs. Free Your Career” blared a 2014 cover of Bloomberg Businessweek.

When Facebook and Apple announced that same year that they would pay for egg freezing for employees in a “game-changing perk,” Apple said in a statement, “We want to empower women at Apple to do the best work of their lives as they care for loved ones and raise their families.”

Egg freezing was an act of self-care — and professional advancement — for the modern woman.

“All the talk in the beginning was about how egg freezing would be as big as the birth control pill and liberate women,” said Janet Takefman, a reproductive health psychologist at McGill University in Montreal, who has counseled more than 200 women considering egg freezing.

And women responded to this promise. In 2009, the first year the Society for Assisted Reproductive Technology started collecting egg freezing data, 475 women went through the procedure, in which an average of 10 eggs are surgically removed and preserved in liquid nitrogen after 10 days of hormonal stimulation. In 2017, more than 9,000 women froze their eggs.

Now we have a chance to look back and ask: Did egg freezing live up to its hype?

The most obvious question is whether egg freezing worked by allowing women to have children later. Although SART collects data on pregnancy rates using frozen eggs, it doesn’t break out whether women had frozen them as part of in vitro fertilization treatment or fertility preservation during illness, or to delay childbearing. So I contacted four fertility clinics that have been in the field the longest to find out. (I froze my eggs at two of them and haven’t yet thawed.)

nytimes.com, by Sarah Elizabeth Roberts, December 21, 2019
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Utah boy speaks out after he says teacher bullied him for having gay parents

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A Utah boy is speaking out after he says he was bullied by a substitute teacher for being adopted by two gay men.

In an interview with CBS This Morning, 11-year-old Utah boy Daniel van Amstel opened up about the experience, which happened on Nov. 22 at his elementary school just outside Salt Lake City.same sex parenting

It began when the teacher asked students what they were thankful for, to which he replied that he was “thankful for my dad and dad, my family, my dogs and everybody that I live with now,” the fifth-grader told CBS.

Though the Utah boy has lived with his parents, Louis and Josh van Amstel, for six months, he was only officially adopted on Thursday.

Daniel spoke of the excitement leading up to the adoption in class, which reportedly led to the teacher making homophobic remarks and questioning why he’d be happy to be adopted by them.

“That’s when one of the three kids, ones in my class, they stuck up for me and said, ‘Let’s stop,’” Daniel said. “But she kept going and she said: ‘Are you going to be gay?’”

“I was very mad,” he continued. “It’s not right … to insult other families, even if you don’t like them.

“If you don’t have anything nice to say, don’t say it.”

GlobalNews.ca by Meaghan Wray, December 20, 2019

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Opinion – The Big IVF Add-On Racket

PGS, PGD

IVF Add Ons – This is no way to treat patients desperate for a baby.

There are few things as unsettling as sitting in an in vitro fertilization clinic hearing you need a team of experts — embryologists, lab techs and nurses along with a reproductive endocrinologist — to help you become pregnant.embryo

What comes next can be a blur. First, you meet with the clinic’s financial counselor to assess whether you have enough money for a complex, invasive $15,000-$20,000 IVF cycle. What follows are drug injections, blood tests, invasive ultrasounds, surgical egg retrieval, and fertilization ahead of an embryo transfer. Before your first hormone shot, you’re well into head-spinning, unfamiliar territory.

Then the doctor tells you there are “add-ons” you might want to consider.

Might you have interest in endometrial scratching? What about vasodilation, human growth hormones, intralipids, assisted hatching, oocyte activation, physiological intracytoplasmic sperm injection, or embryo glue? Post-fertilization, there is also embryo pre-implantation genetic testing to consider. Interested?

These extras come with price tags ranging from hundreds to thousands of dollars. All are presented as ways to increase your chances of a pregnancy. What are you willing to try? What can you afford? The ball is in your court.

This is no way to treat patients at their most vulnerable.

That’s the conclusion my colleagues and I arrive at in a new paper on the ethics and regulation of IVF add-ons.

An add-on is anything that is not essential to carry out an IVF cycle. Such measures, patients are told, will improve the likelihood of a live birth — and yet our examination revealed a startling absence of robust research into the effectiveness and the safety of these add-ons. Despite this, their use is widespread, and regulation of them is minimal.

The most expensive add-on category is pre-implantation genetic testing. These tests were originally developed to identify embryos at risk for genetic diseases. Today, however, they are primarily sold, at a cost of $6,000 to $12,000, as a way to screen for chromosomal abnormalities that could lead to failed implantation or miscarriages.

In October, however, a large study found that a single abnormal cell does not doom an embryo and determined that one of the tests, PGT-A, made no difference to rates of live births. Worse still, patients who opted not to transfer embryos based on the test’s results may have lost potentially viable ones.

There is also endometrial scratching, a procedure, sometimes costing as much as $500, that purposely irritates the endometrium, the innermost lining of the uterus, before IVF While it’s promoted as increasing the chance of an embryo implanting, a recent large randomized trial found no benefit. Beyond significant patient discomfort, risks include bleeding, infection and uterine perforation.

Then there are intralipids, an emulsion of soybean oil, egg phospholipids and glycerin administered intravenously and described as a way to decrease natural killer cell activation in the immune system and ostensibly aid in embryo implantation. This emulsion is priced around $400 per infusion; typically several are recommended. Side effects include headache, dizziness, flushing, nausea and the possibility of clotting or infection. A meta-analysis last year found that intralipids and other forms of immunotherapy should not be used in routine clinical practice.

Such procedures are often presented to patients in the form of a stack of papers, written in legalese or medical jargon. Resourceful patients might take to the internet to learn more, where searches might deliver densely written scientific articles, and ads might direct them to companies or clinics eager to promote their own brands of add-ons.

Why is all this happening? It’s because IVF remains an under-regulated arena, and entrepreneurial doctors and pharmaceutical and life science companies are eager to find new ways to cash in on a growing global market that is projected to be as large as $40 billion by 2024.

NYTimes.com, December 12, 2019 by Pamela Mahoney Tsigdinos

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Kindergartner Invites His Entire Class to His Adoption Hearing

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Nearly two dozen kindergartners gave testimonials in a Michigan courtroom about how much they loved the soon-to-be-adopted boy.

The 5-year-old boy, wearing a blue vest and a maroon bow tie, sat on a swivel chair in front of a judge as his kindergarten classmates filled two rows of courtroom seats behind him. The students held rulers adorned with paper hearts — the theme being “love rules.”Open Adoption

The boy, Michael Clark Jr., was one of 36 children to be adopted on Thursday during Kent County’s 23rd annual adoption day in Grand Rapids, Mich.

Twenty-one kindergartners and several parents, teachers and school administrators attended Michael’s hearing, said Carlye Allen, the principal of Wealthy Elementary School, where Michael is a student.

He invited his teacher and classmates to the ceremony because, he said, he wanted his whole family to be there on his special day, Ms. Allen said.

Judge Patricia Gardner, the presiding judge of the 17th Circuit Court’s family division and founder of the county’s adoption day, asked all the people in the courtroom to stand up and say what they loved or appreciated about Michael, Ms. Allen said.

One boy declared, “Michael is my best friend.”

Another child stood and said, “I love Michael.”

David Eaton, Michael’s adoptive father, said he started tearing up listening to the children’s testimonials. Michael seemed touched too, though it was hard to tell with a child that age, he said.

“He was in his swivel chair up front, swiveling around and facing his classmates,” Mr. Eaton said. “He felt like a king of a castle on that day, just loving it.”

After the official documents were signed, the kindergartners waved their handmade heart signs in the air. They were bumping in their seats with excitement, and all the adults were “extremely emotional,” Ms. Allen said.

“I think he understands that this means he has a permanent home now,” Mr. Eaton said. “He’s not going to be taken away.”

NYTimes.com by Maria Padilla, December 7, 2019

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