Sudbury court awards woman ownership of embryo called ‘property’ in precedent-setting case

Woman, 48, was divorced from man and awarded embryo based on fertility clinic consent form.

A court in Sudbury, Ont., has awarded an embryo to a woman in a case involving her ex-husband, in what is being called a precedent-setting decision because the embryo has no biological connection to the couple.embryo

Two childhood friends decided to get married in 2009 to have and raise children together, but the man didn’t want his sperm used and the woman’s eggs weren’t suitable. So three years later, they purchased eggs and sperm from a business in the United States for $11,500 US, and two good embryos were created through in-vitro fertilization. 

In December 2012, the woman gave birth to a son. Eight days later, the marriage dissolved and both sides claimed ownership of the second embryo in the divorce.

The judge’s decision awarding the embryo to the woman, who is now 48, was released last week.

It hinged on a consent form from a fertility clinic in southern Ontario on which the couple indicated the “patient’s wishes” would be honoured in case of divorce. The form describes the woman receiving the embryo as “the patient.”

Erik White · CBC News ·

Click here to read the entire article.

As evidence supporting LGBTQ families mounts, legal hurdles loom

New studies say kids of gay parents are just as well-adjusted as those with a mom and dad. But Congress is moving to allow adoption agencies to bar LGBTQ families.

LGBTQ families made headlines twice this month, but for very different reasons.

Last week, a study found that from a mental health perspective, adult children with lesbian parents fared just as well as their peers with opposite-sex parents. This follows an Italian study released in May that found that children with same-sex parents were actually slightly better off psychologically than children with a mom and a dad.LGBTQ families

Earlier this month, however, Republican lawmakers dealt a blow to LGBTQ people seeking to become LGBTQ families. The House Appropriations Committee approved an amendment allowing foster care and adoption agencies that receive federal funding to refuse to work with same-sex couples on religious or moral grounds. Though the amendment has several steps to go before becoming federal law, 10 states already have a similar law in place.

The House amendment goes even further than current state-level laws. It would cut 15 percent of child welfare funding to states that explicitly prohibit agencies from excluding LGBTQ people.

Independent and private adoption agencies that do not receive federal funding are already allowed to deny LGBTQ people.

The studies of children with same-sex parents don’t surprise advocates of LGBTQ families. Zach Wahls, who was born to a lesbian couple through artificial insemination and famously defended same-sex parents to the Iowa Legislature in 2011, said it was exciting to have studies to back up his experience.

“In our current climate, we’re at risk of backsliding on this issue,” Wahls told NBC News. “We need to be ready to contest that, and now we can do it in a scientific way.”

Scientific as they may be, the studies are unlikely to move those who advocate for allowing agencies to exclude LGBTQ families, because the objections are faith-based and do not pertain only to lesbian, gay, bisexual and transgender people.

by Avichai Scher NBCNews.com, 

Click here to read the entire article.

Lots of Successful Women Are Creating Frozen Eggs. But It May Not Be About Their Careers.

“Freeze Your Eggs, Free Your Career,” announced the headline of a Bloomberg Businessweek cover story in 2014. It was the year that Facebook and then Apple began offering egg freezing as a benefit toemployees. Hundreds of think pieces followed, debating the costs and benefits of using frozen eggs in an effort to “postponing procreation” in the name of professional advancement.

In the years since, many more women across the world have  usedfrozen eggs. Many are highly educated. But the decision may have very little to do with work, at least according to a new study. In interviews with 150 American and Israeli women who had undergone one cycle, careerplanning came up as the primary factor exactly two times.

Instead, most women focused on another reason: they still hadn’t found a man to build a family with.frozen eggs

“The stereotype that these ambitious career women are freezing their eggs for the purposes of their career — that’s really inaccurate at the present time,” said Marcia Inhorn, a medical anthropologist from Yale University, and one of the authors of the study, which was presented Monday at the European Society of Human Reproduction and Embryology’s conference in Spain.

Most of these mid-to-late 30s women were already established in their careers by the time they got to the clinic, the study found.

“They weren’t freezing to advance; they were facing the overarching problem of partnership,” she said. This was the case, even among those who worked for companies that offered to pay for the procedure.

by Heather Murphy, New York Times – July 3, 2018

Click here to read the entire article.

Blood Test Might Predict Pregnancy Due Date and Preterm Birth

The blood test is far from ready for use, but research is promising. If it works in bigger studies, it could help prevent deaths of babies born prematurely.

Scientists have developed an inexpensive blood test to predict a pregnant woman’s due date and possibly identify women who are at risk of giving birth prematurely.

The research, which is still preliminary and involved small numbers of women, was led by a prominent pioneer in the field of genetic blood testing, Stephen Quake at Stanford University, who said the test could eventually provide a low-cost method of gauging the gestational age of a developing fetus.pregnancy blood test

The test, which detects changes in RNA circulating in a pregnant woman’s blood, estimated due dates within two weeks in nearly half the cases, making it as accurate as the current, more expensive method, ultrasound, and more accurate than guesses based on a woman’s last menstrual period.

Using a similar analysis of RNA in blood from eight women who delivered prematurely, the researchers were able to correctly classify six of their pregnancies as preterm. If much larger studies achieve comparable results, the test could become a tool to help prevent unnecessary induction of labor or Cesarean deliveries, and could possibly help save babies would have died because they were born too early.

Premature birth is the leading cause of newborn death in the United States. And 15 million babies a year are born prematurely around the world.

“I think it’s really a very exciting study that suggests an approach that may have a lot of potential for predicting preterm delivery,” said Dr. Louis Muglia, director of the Center for Prevention of Preterm Birth at Cincinnati Children’s Hospital Medical Center at the University of Cincinnati. “It can certainly help you understand where the baby is in maturity,” he said, which could aid doctors in gauging when to deliver babies of women who go into unexpected early labor.

In the study, published Thursday in the journal Science, the team, which was co-led by Dr. Mads Melbye, who runs the Statens Serum Institute in Denmark, analyzed the blood of 31 Danish women taken every week throughout their pregnancies, which were all full-term. The researchers studied genes linked to the placenta, the maternal immune system and the fetal liver, and found nine of those genes produce RNA signals that change distinctly as pregnancy progresses.

“RNA is what’s happening in the cells at any given moment,” said Dr. Quake, who is also co-president of the Chan Zuckerberg Biohub, which funded the study, along with the Bill and Melinda Gates Foundation and others. “We had this idea that we could make a molecular clock to see how these things change over time and it should allow you to measure gestational age and see where things are in pregnancy.”

by Pam Belluck, New York Times, June 7, 2018

Click here to read the entire article.

First Czech same-sex couple recognized as parents

The Supreme Court accepted in early May the Californian judiciary’s decision and recognized a Czech gay couple as the parents of a recently born baby, which is the first case of a same-sex Czech couple to be given this legal right, daily Mlada fronta Dnes (MfD) wrote on Saturday.

A surrogate mother gave birth to the baby of the Czech gay couple in California a few months ago.

The donor’s egg was fertilised in vitro with the sperm of one of the future fathers. The Californian authorities then recognised both Czech men as the rightful parents of the newborn baby.Czech Republic

As the child has a U.S. birth certificate and passport, the gay couple turned to defence lawyer Katerina Menclova to help them gain Czech documents.

“I was told that if we want to arrange Czech documents for Karolina (the baby girl), we must turn to the Supreme Court that would recognise the verdict by the State of California, which declared both gay partners the child’s parents,” Menclova told MfD.

The Supreme Court issued the respective decision on May 2, recognising both men as the child’s parents.

Menclova then turned to the Czech authorities that were to issue the baby’s birth certificate.

Defence lawyer Petr Kalla, who is dealing with similar cases, told Mlada fronta Dnes, that the court’s decision is of an immense symbolic importance as for the first time a Czech same-sex couple was recognised as rightful parents, Kalla said.

Prague Daily Monitor – May 19, 2018

Click here to read the entire article.

Children of same-sex couples officially recognized in a first for Italy

Three gay couples in the northern city of Turin have been able to legally register their children to both parents, in a first for Italy.

“Today an important page of history has been written,” said the mother of one of the children, Turin councillor Chiara Foglietta.2nd parent adoption, second parent adoption, second parent adoptions, second parent adoption new york

Foglietta, who gave birth after undergoing artificial insemination in Denmark, said staff at the public records office had told her “no form exists” to recognize the child’s birth through the procedure, which is subject to strict rules in Italy.

Instead, the staff reportedly told Foglietta she should declare that she had had the baby with a man. On Monday, the councillor said she “cried with joy” after signing the documents in which both she and her partner, Micaela Ghisleni, were recognized as parents of their son.

The couple’s son Niccolò was one of four children who were officially registered to same-sex parents on Monday, with city mayor Chiara Appendino signing the birth certificates. The other families included two men who are fathers to twin boys, and another lesbian couple whose son was officially recognized.

Appendino, who had earlier vowed to “force the issue” after the registry’s initial refusal to acknowledge the LGBT families, said the recognition was “a strong gesture in a legal vacuum”.

Although the Five Star Movement mayor said that it was not yet possible to make a change at a legislative level, she said she hoped the recognition of these four children was a first step towards such a change.

On Twitter, Appendino wrote: “Today is one of the days when every drop of energy put into politics feels worth it.”

by Catherine Edwards, the local.it, April 23, 2018

Click here to read the entire article.

Lesbian mum in Italy told baby won’t be legally registered because she is gay

A woman claims she has been told her newborn baby will not be legally registered because she is gay.

Chiara Foglietta, a councillor in the Italian city of Turin, says authorities won’t recognise her baby, because he was conceived through artificial insemination.

Due to Italian laws, fertility treatments are only available to heterosexual couples.

When she and her partner, Micaela Ghisleni, tried to register their son Niccolo Pietro after his birth on Friday last week, she was told to say she had had sex with a man.

In a Facebook post, Ms Foglietta said she was told by authorities: ‘You must declare you had union (sexual relations) with a man to register your son.

‘There is no form to say you had artificial insemination.’

She said the legal black hole is due to a 2002 ministerial decree that does not foresee that a woman, rather than a heterosexual couple, would seek artificial insemination.

Ms Foglietta used artificial insemination in Denmark to get pregnant, with sperm donated by an anonymous man.

She was told she could lie about the child’s origins but she refused, writing on Facebook: ‘Every child has a right to know his own story.’

She argued that her son came into this world because she and Micaela had wanted a child, and that ‘he is our son’.

Further in her post, Ms Foglietta urged people to do more to tackle the issue.

‘You have an important role and you can do so much more. We can do more together,’ she said.

‘Not for me, but for Niccolo, for all rainbow children, for families who do not have the same strength to face these battles, for the children of single women and those with partners who have chosen medically assisted procreation with external donor and want to tell the truth.’

Metro.co.uk buy , April 22, 2018

Click here to read the entire article.

Mississippi high court issues pro-LGBT decision

Mississippi is one of those deep South states that really did not want to allow same-sex couples to marry.

It didn’t want them to adopt children either. And even after the U.S. Supreme Court said states had to let same-sex couples marry, Mississippi fought back for a while to try and keep them from divorcing. So maybe it wasn’t such a big surprise recently when a state court ruled that the non-biological mother of a child born in Mississippi to a lesbian couple married in Massachusetts but now divorcing shouldn’t be able to claim any parental rights.anonymous donor

That’s what happened in 2016. A chancery (or family) court in Mississippi ruled that a child born to a lesbian couple using insemination of an anonymous donor’s sperm was the child of the biological mother and the anonymous sperm donor –not the biological mother’s same-sex spouse.

But on April 5, the Mississippi Supreme Court, one of the most conservative in the nation, ruled unanimously that was the wrong result.

The nine-member court ruled that, because state law prohibits a father from “disestablishing” his paternity to a child conceived by alternative insemination, “the Legislature never intended for an anonymous sperm donor to have parental rights in a child conceived from his sperm –irrespective of the sex of the married couple that utilized his sperm to have that child.”

Beth Littrell, the Lambda Legal attorney who represented the non-biological mother in this case, Strickland v. Day, said that, while the decision is binding only in Mississippi, it can have impact elsewhere. Littrell said it can “help fill the void left by many states when it comes to the rights of children born via [alternative insemination].” And, she said, “it also is significant because it was rendered by a conservative southern state’s court of last resort….”

The Mississippi Supreme Court, said Littrell, “not only added weight to the consensus that biology alone does not establish parentage but did so in a gender-neutral way that recognized that the parties were a legally married same-sex couple at the time the child was born notwithstanding that it was years before Mississippi was forced to recognize marriage equality.”

Mississippi was forced to recognize marriage for same-sex couples in 2015, after the U.S. Supreme Court ruled (in Obergefell v. Hodges) that state bans against equal marriage rights for same-sex couples violates the federal Constitution’s guarantee of equal protection.

Subsequent to Obergefell, some states –particularly deep South states—tried to buck against that ruling. Mississippi tried to continue enforcing its state ban against allowing same-sex couples to adopt, and it passed a law allowing businesses to deny services to LGBT people and same-sex couples. That latter law is still in effect. Arkansas tried to bar a woman’s name from the birth certificate of a child she had with her same-sex spouse, the child’s biological mother. The U.S. Supreme Court reversed that decision, in Pavan v. Smith, but now the case is back before the U.S. Supreme Court because the Arkansas Supreme Court denied the couple’s right to recover attorneys fees.

And though the Mississippi Supreme Court decision in the current case, Strickland, is not binding outside Mississippi, Littrell said “it is persuasive authority that should be helpful whenever any court considers marriage equality, the retroactive application of Obergefell v. Hodges and the parental rights” of couples who use alternative insemination.

 

by Lisa Keen, keennewsservice.com, April 10, 2018

Click here to read the entire article.

Arizona Governor Signs New Human Embryo Law

When a couple is unable to conceive naturally or medical treatments — like chemotherapy — make future pregnancies unlikely, there are a variety of fertility options available, including harvesting a woman’s eggs, freezing them and using them at a later date.

Up until now, reproductive fertility law specialists in Arizona would help couples navigate any tricky ethical issues that might arise in the future, like what happens if you split up or divorce before you decide to use the eggs.Arizona Embryo

But, a new law signed Tuesday by Gov. Doug Ducey has the potential to upend any contractual agreements written between husbands and wives or domestic partners, and dictates who is allowed to keep frozen eggs after a breakup.

Cathi Herrod, President of Center for Arizona Policy, said the new human embryo law helps make the law clearer and it is a positive step for Arizona.

“Just like a judge will decide when there are disputes over property, disputes over who gets the family dog — now who gets the family embryos will also be decided by a judge according to the law,” Herrod said.

by Lauren Gilger, KJZZ.com, April 4, 2018

Click here to read the entire article.

 

NY requires infertility coverage for all

New York’s health insurers will be required to provide coverage for fertility treatment regardless of marital status or sexual orientation, according to new state guidelines.

The state Department of Financial Services unveiled the new guidelines Wednesday, circulating a letter to insurers across the state making clear that they can’t restrict fertility-related coverage if the patient otherwise qualifies.health insurance

“All women who wish to have a child are entitled to insurance coverage for fertility treatment regardless of their sexual orientation or marital status, just as all women have the right to reproductive choice and to decide if and when to start a family, and New York will always stand up to protect and preserve those rights,” Gov. Andrew Cuomo said in a statement.

The new guidelines are based on the state department’s interpretation of “infertility.”

State law requires insurers to cover treatment for infertility and use the American Society for Reproductive Medicine’s definition of the term to determine when fertility-treatment coverage kicks in.

he society defines infertility as the “failure to achieve a successful pregnancy after 12 months or more of appropriate, timed unprotected intercourse or therapeutic donor insemination.”

But that definition is silent on marital status and sexual orientation, which the state’s new guidelines attempt to clear up.

Under the new guidelines, insurance companies must provide coverage for all individuals who meet the society’s definition of infertility, regardless of their sexual orientation or relationship status.

“If an individual meets the definition of infertility and otherwise qualifies for coverage, then an issuer must provide coverage regardless of sexual orientation, or marital status or gender identity,” Financial Services Superintendent Maria Vullo said in a statement.

by Lindsay Riback, The Journal News, 4 /19/2017

Click here to read the entire article.