Gestational Surrogacy Dead for Now in NYS

State assemblymembers hesitate amid women’s rights concerns about gestational surrogacy in NY 

Efforts to pass gestational surrogacy in the NY State Legislature have withered in the lower chamber and Assembly Speaker Carl Heastie confirmed on June 20 that the bill is dead for now, citing concerns about women’s rights and fears of commercialization.surrogate lawyers, surrogate lawyer, surrogate attorney, legal surrogate, surrogate legal

Heastie, however, indicated that lawmakers and advocates would continue crafting the legislation in the coming months in such a way that would attempt to quell lingering reservations about the issue.

The movement to pass gestational surrogacy, which involves a surrogate carrying a baby who has no biological relation to her, became a key issue in the LGBTQ community’s efforts in Albany during the final months of the session because the current ban on compensated surrogacy in New York disproportionately affects same-sex couples. The measure passed the State Senate, but ran into roadblocks in the lower house, even as Governor Andrew Cuomo aggressively campaigned for the issue and enlisted the help of Bravo TV show host Andy Cohen, who had a baby son through surrogacy.

In the lower chamber, though, out lesbian Democratic Assemblymember Deborah Glick of Manhattan infuriated some in the LGBTQ community and drew cries of betrayal when she expressed hesitation on the measure after previously vowing support for it. She told The New York Times earlier this month that gestation surrogacy is “pregnancy for a fee, and I find that commodification of women troubling.” She also suggested that gestational surrogacy isn’t necessarily an issue for the wider LGBTQ community because many folks are unable to afford the tens of thousands of dollars to have kids that way.

But Democratic Assemblymember Amy Paulin of Westchester County, who led the bill in the lower house, told Gay City News with roughly one week left to go in the session that she was working to garner support for the bill. That effort never came to fruition.

“While there are strong feelings about surrogacy on all sides, I want to make it clear that no single member is in a position to stop this or any bill,” Heastie said on June 20 in a clear effort to spare Glick from being singled out. “Many members, including a large majority of women in our conference, have raised important concerns that must be properly addressed before we can move forward.”

He continued, “We must ensure that the health and welfare of women who enter into these arrangements are protected, and that reproductive surrogacy does not become commercialized. This requires careful thought. While our work for this session is nearly complete, I look forward to continuing this conversation in the coming months with our members and interested parties to develop a solution that works for everyone.”

Parents can use sperm harvested from their dead son to make grandchildren, judge rules

West Point cadet Peter Zhu, who was unmarried, died after a skiing accident on February 23, Judge allows parent to use harvested sperm.

He had been found unresponsive on a ski slope on the grounds of the military academy in upstate New York.  Zhu was then taken to a hospital, where he was declared brain dead days later.  Judge now rules that parents may use their son’s harvested sperm.harvested sperm

In March, his parents petitioned the court to allow the hospital to have their son’s  harvested sperm retrieved and frozen at the same time harvest his organs for donation.

The petition was granted and the sperm was preserved at a sperm bank after the retrieval.  His organs were also harvested to help those waiting for a lifesaving transplant before he was buried in the West Point Cemetery.

According to CNN, the Supreme Court Justice John Colangelo’s ruling gave Zhu’s parents the ability to attempt conception with a surrogate mother using their late son’s sperm.  “At this time, the court will place no restrictions on the use to which Peter’s parents may ultimately put their son’s sperm, including its potential use for procreative purposes,” Colangelo wrote.  “They shall possess and control the disposition and potential use of their son Peter’s genetic material.” 

Zhu’s case isn’t the first incident of this type, according to AP.In 2007, a court in Iowa authorized recovery of a man’s sperm by his parents to donate to his fiance for future procreative use.  In 2009, a Texas woman got a judge’s permission to have her 21-year-old son’s sperm extracted after his death, with the intention of hiring a surrogate mother to bear her a grandchild.

StandardMedia.com, May 30, 2019, by Charles Odero

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More Than 100 Rabbis and Cantors Urge NY State to Legalize Surrogacy

The 118 Rabbis and other clergy members urged the passage of the NY Child-Parent Security Act, surrogacy.

The 118 Rabbis and other clergy members urged the passage of the NY Child-Parent Security Act  (surrogacy) in a letter Tuesday to the state’s House speaker, Carl Heastie, and Senate majority leader, Andrea Stewart-Cousins, both Democrats. Among the signatories are rabbis representing the Reform, Conservative and Orthodox movements.rabbis NY surrogacy

The bill, which has the support of Gov. Andrew Cuomo, would legalize paid gestational surrogacy, in which a woman is compensated to carry a child not conceived using her eggs. Proponents say it allows those facing infertility and LGBTQ couples to have children, while detractors say the practice is immoral. The measure also would ease the process through which parents who enlist a third party to conceive establish a legal relationship with the child.

The letter — organized by the Protecting Modern Families Coalition, an alliance of organizations in support of the legislation — references Jewish tradition in arguing for the bill’s passage.

“From birth to Bar/Bat Mitzvah, marriage, and burial, at the core of most of the major Jewish life cycle events is family,” it reads. “As rabbis, we know the visceral, central importance for so many of our congregants of building a family.”

Among the signatories are Rabbis Sharon Kleinbaum of the LGBTQ synagogue Congregation Beit Simchat Torah; Rick Jacobs, who heads the Reform movement; Dov Linzer, president of the liberal Orthodox Yeshivat Chovevei Torah rabbinical school; and Rabbi Avram Mlotek, an Orthodox rabbi who announced last month that he will perform same-sex weddings. The UJA-Federation of New York and the Central Conference of American Rabbis, the Reform movement’s rabbinical arm, also joined the letter.

The Jerusalem Post – JPost.com, BY JOSEFIN DOLSTEN/JTA, May 15, 2019

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What’s covered under New York’s new IVF law?

The New York Law will cover fertility treatment, including IVF, for up to 2.4 million

frozen eggs

With more young women and men delaying parenthood, the demand for fertility treatments such as egg freezing and in-vitro fertilization (IVF) has grown across the country.

Legislation and science have lagged behind the trend, and the cost of the treatments can be prohibitively expensive.

A new law, enacted in the 2020 state budget, mandates that certain large-group insurance plans cover IVF, and requires all private insurance companies to cover medically necessary egg freezing.

It is projected to benefit to up to 2.4 million New Yorkers, according to figures from Gov. Andrew M. Cuomo’s administration, but there are kinks to iron out before it guarantees coverage to the other half of insured New Yorkers, including gay men, Medicaid-recipients, and the self-employed.

Secretary to the Governor Melissa DeRosa, the first woman to hold that position, pushed for IVF legislation in the spending plan, citing it as a top priority for the two-year-old Council for Women and Girls.

DeRosa, 36, said that she understands the anxiety of women in her age group who are pressured to decide between advancing their careers and starting a family.

There is nothing more personal or life altering than the ability to conceive and making the choice about when to conceive,” DeRosa said. “As someone who is currently facing these life-altering decisions, I know firsthand the toll they take — emotionally and financially.”

TimesUnion.com by Rachel Silberstein, April 1, 2019

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Revolutionary test could make IVF more successful by looking at the DNA a fertilised egg sheds in the lab

A revolutionary DNA test could make IVF more successful, research suggests. 

Problems with a developing baby’s chromosomes – strands of DNA found in every cell – are thought to be the main cause of miscarriages. 

To maximise a woman’s chance of conceiving via IVF, embryos are therefore screened before they are implanted into her womb to check for any chromosomal issues. 

But this involves taking cells from the embryos, which can damage them and increase the risk of a miscarriage.

The research was carried out by Brigham and Women’s Hospital, Boston, and led by Dr Catherine Racowsky, professor of obstetrics, gynecology and reproductive biology. 

IVF involves taking a woman’s eggs, which then get mixed with her partner’s, or a donor’s, sperm in a lab. After 16-to-20 hours, they are checked to see if the egg has been fertilised.

The fertilised eggs – or embryos – grow in the lab for six days before the best one or two are transferred into the womb. 

But this can do more harm than good and therefore only tends to be carried out when older women – who are more at risk of chromosomal abnormalities – are undergoing IVF. 

To test whether a safer approach is possible, the researchers analysed 52 embryos from IVF clinics that were no longer needed and had already undergone a biopsy.

These embryos were kept in a petri dish for 24 hours.

The scientists then tested 0.01ml of the surrounding fluid in the dish, as well as the embryos themselves to determine how many chromosomes they contained. 

Results – presented at the Fertility 2019 conference in Birmingham – suggested analysing this fluid produced fewer false positives than traditional methods.

A false positive occurs when a test indicates a problem when the embryo is in fact healthy.

‘This shows DNA in spent culture medium can be reliably amplified and sequenced,’ Dr Catherine Racowsky said at the conference.   

And the new method does not harm the embryo.

Virginia Bolton, consultant embryologist at St Guy’s Hospital – who was not involved in the research – told New Scientist: ‘Trying to refine our mechanisms for choosing the embryo that’s most likely to lead to pregnancy is something that’s been eluding us for ever.

‘This [approach] doesn’t damage the embryo in any way.’ 

Dr Bolton believes this technique is better than others being developed that test for the chemicals an embryo secretes.

She worries these chemicals may become diluted, skewing the results, whereas ‘the DNA is either there or it isn’t’, she said.  

February 13, 2019, thedailymail.co.uk, by Alexandra Thompson

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A new study suggests an LGBTQ millenials ‘Baby Boom’ is in our future

LGBTQ millennials are leading the way when it comes to the growth in LGBTQ families according to a new survey from the Family Equality Council, an LGBTQ rights organization.

LGBTQ millennials

The survey found that 63% of LGBTQ millennials between the ages of 18-35 are looking at starting a family or adding to their current one. What’s more, results from the LGBTQ Family Building Survey show that 77 percent of LGBTQ millennials are either already parents or are considering having children. This is 44 percent higher than LGBTQ people over the age of 55. 

The data points to a shift in the LGBTQ community in the wake of the 2015 Obergefell v. Hodges decision which secured marriage equality in the United States. The U.S. Supreme Court ruling fueled speculation that we’d see a dramatic shift in LGBTQ family growth as a result.

Additionally, the survey revealed that 48 percent of LGBTQ millennials are actively planning to grow their families in the future, narrowing the gap between them and the 55 percent of non-LGBTQ respondents. In a 2013 Pew Research Center poll, only 35 percent of LGBTQ adults were shown to be parents, compared to 74 percent of non-LGBTQ adults.

That means in the last five years, the gap between queer and non-queer people wanting families went from 39 percent to 7 percent. Likewise, transgender survey respondents were found to be equally likely to grow their own families as their non-transgender peers.

by Gwendolyn Smith, LG BTQNation.com, February 10, 2019

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The long wait for legalized surrogacy may soon end in New York


A bill legalizing the practice is backed by the governor, fertility groups and LGBTQ activists, but opposed by some feminists and the Roman Catholic Church.

On a September evening in 2015, six weeks before their twins’ due date, Michael and Melissa Musman got an urgent call from the surrogate carrying their children. The babies needed to come out, the surrogate said, and if the Musmans wanted to be there for their birth, they had to come right away.

The Musmans, both 43, live in New York, one of only three states that currently ban paid surrogacy contracts. As a result, residents of the state must look elsewhere if they want to hire a surrogate; the Musmans found theirs in Pennsylvania.

Hoping they could pull off the nearly 400-mile drive from Brooklyn to Pittsburgh in time, they quickly packed a suitcase, made arrangements for someone to watch their older child and started driving.

“We knew there would be a chance that we would not make the birth,” said Melissa Musman, a teacher who turned to surrogacy after radiation for tumors in her pelvis and abdomen compromised her fertility. “With Pittsburgh, it’s not around the corner.”

Still, the couple was hopeful. They were not new to surrogacy. Using an egg donor and Michael Musman’s sperm, they had their first child, Sean, via a surrogate in Peoria, Illinois, in October 2008. It took two planes to get to Peoria, but they had made it for his birth.

This time, as they drove through the night, their twins arrived via an emergency Cesarean section in an operating room hundreds of miles away.

Advocates say it’s a way of helping infertile and gay couples start families. But commercial surrogacy has a slew of detractors, many of whom say it amounts to women selling their bodies.

For decades, the detractors in New York prevented it from becoming legal. Now, New York is on the brink of changing its policy, with Gov. Andrew Cuomo, a Democrat, publicly declaring his support last weekend for a bill — called the Child-Parent Security Act — that would remove the ban. Cuomo also included the bill in his state budget proposal.

New York’s long-held resistance stems from a tumultuous surrogacy battle in neighboring New Jersey, known as the Baby M case. In 1985, a woman who was struggling financially, Mary Beth Whitehead, agreed to be a surrogate and be inseminated with sperm from William Stern, a man whose wife had multiple sclerosis, for $10,000.

by Elizabeth Chuck, NBCNews.com, February 7, 2019

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ABA Adopts Resolution Taking a Stand for LGBT Parents

The American Bar Association, ABA, the nation’s top voluntary bar association for lawyers, has adopted a resolution taking a stand for LGBT parents in the aftermath of states enacting laws enabling anti-LGBT discrimination in adoption.

ABA resolution

According to the LGBT Bar Association, Resolution 113 was adopted at the ABA midyear meeting in Las Vegas, Nev. The 14-page resolution says although the U.S. Supreme Court ruled in 2015 same-sex couples have the right to marry, they still face discrimination in adoption in forms of anti-LGBT state laws and policies.

Among the laws cited the resolution are recently adopted state laws allowing taxpayer-funded adoption agencies to refuse placement into LGBT homes over religious objections. Those laws exist in North Dakota, Virginia, Michigan, Mississippi, South Dakota, Alabama, Texas, Oklahoma, Kansas and South Carolina.

The resolution also cites continued litigation in which the rights of LGBT parents are in jeopardy. Among those cases is Pavan v. Smith, in which Arkansas refused to place the names of lesbian parents on their child birth certificates. The U.S. Supreme Court affirmed that policy violated its decision on same-sex marriage (although U.S. Associate Justice Neil Gorsuch penned a lengthy dissent containing the ruling didn’t apply to birth certificates.)

The ABA resolution adopts the resolution in the wake of the Trump administration granting a waiver to South Carolina allowing religious-based adoption agencies in the state, including Miracle Hill Ministries, to continue receive funding from the Department of Health & Human Services even if they refuse to place children in LGBT homes or with other families contrary to their beliefs.

ABA resolution

“Any discriminatory law which restricts an LGBT individual’s right to parent not only disregards these precedents, but also contradicts longstanding research,” the resolution says. “Decades of medical, psychological, sociological, and developmental research overwhelmingly conclude that sexual orientation has no bearing on an individual’s ability to be a fit parent. This resolution therefore reaffirms the equal parenting rights of LGBT individuals.”

According to a study from the Williams Institute at the University of California, Los Angeles, LGBT families are significantly more likely than their non-LGBT counterparts to have adopted or foster children. One in five same-sex couples, or 21.4 percent, are raising adopted children, compared to just 3 percent of different-sex couples, and 2.9 percent of same-sex couples have foster children compared to 0.4 percent of different-sex couples

The resolution states adoption of the resolution sends the message ABA “stands with LGBT individuals and their families against the increased threat to their ability to raise children.”

“This ABA policy position would enable further advocacy in this area by providing authority for other organizations, legislatures, and courts to consult when confronted by LGBT parenting issues,” the resolution says. “The policy would also allow the ABA to directly advocate on behalf of LGBT families and make clear its stance that laws which permit discrimination against LGBT individuals are unconstitutional.”

by Chris Johnson, pride source.com, January 29, 2019

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Dutch Clinics to Start Offering Surrogacy to Gay Couples

Gay couples who want to have a child through a surrogate mother can do so at Dutch clinics from next year, according to a survey by television program De Monitor. Until now that has been impossible in the Netherlands due to strict regulations, newspaper AD reports.

At least two Dutch clinics will start offering surrogacy to gay couples next year – MC Kinderwens in Leiderdorp and Nij Geertgen clinic in Elsendorp. In Leiderdorp the surrogate mother must also donate the egg. In Elsendorp the surrogate and egg donor may be different people. 

“I think it’s too crazy for words that gay couples, but also women with oncological complaints for example, have to go abroad to fulfill their desire to have children”, Nij Geertgen director Marc Scheijven said to De Monitor. “While we have all medical and technical experience in house.”

By Janene Pieters on November 13, 2018 nltimes.nl

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Do IVF And Other Infertility Tech Lead To Health Risks For The Baby?

When patients come to Dr. Molly Quinn for infertility treatments like IVF, they usually aren’t too interested in hearing about the possible downsides, she says. They just want to get pregnant.

Still, she always discusses the risks of procedures such as IVF. For example, there’s an increased likelihood of twins or triplets — which increases the chances of medical complications for both moms and babies. And stimulating the ovaries to ripen extra eggs can, in a small number of cases, cause the ovaries to rupture.IVF

Quinn, an infertility specialist and assistant professor of obstetrics and gynecology at the University of California, Los Angeles, now has a new hazard to consider. According to research published this month in the Journal of the American College of Cardiology, children conceived through certain infertility treatments may be at a higher risk for cardiovascular disease.

Parents shouldn’t panic, the study’s authors say: The findings are preliminary, and the study cohort was fairly small. Still, they say, it means that families who used infertility treatments like IVF should be particularly vigilant about screening for high blood pressure in their children and help them avoid other cardiovascular risk factors, such as smoking, obesity and a sedentary lifestyle.

“Fertility clinics should really … counsel about potential risks for their kids,” says Dr. Urs Scherrer, a visiting professor at the University of Bern in Switzerland and a senior author of the study.

Scherrer and his colleagues followed the health of children conceived through assisted reproductive technology for more than a decade. ART is an umbrella term that covers a number of different types of procedures, including in vitro fertilization, in which sperm and eggs are mixed in a lab dish, and intracytoplasmic sperm injection, in which sperm are inserted directly into eggs. Today, roughly 2 percent of all births in the U.S are conceived via ART.

In 2012, the same team of scientists published a major paper showing that 65 healthy kids born with the help of ART were more likely than their peers to have early signs of problematic blood vessels. The current study, comparing 54 of those original children with 43 age- and sex-matched peers, shows those early irregularities — signs of “premature vascular aging”, the scientists say — persist into adolescence and young adulthood.

Kids in the study who were conceived via ART are now 16 years old, on average, but have blood vessels resembling those of middle-aged adults, the scientists found.

NPR.org, by Mara Gordon, September 19, 2018

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