Comment posted on An Undercooked Egg: California’s New Oocyte Donation Statute Falls Woefully Short by Theresa Erickson
http://www.prweb.com/releases/eggdonation/lawyer/prweb3120394.htm
Theresa Erickson also commented
- Andrew, I agree that it is only a start, but take note that the requirements by New York are also very limited. In fact, I would not suggest that it be used as a model, but as a starting point. In fact, many points in your piece are valid, and we should continue to push in the direction of additional legislation to make these things happen. I actually addressed this in a press release yesterday noting that the loopholes need to be closed up, specifically the ASRM compliance, which is also not policied – just look how long it took for them to boot Dr. Octomom.
Recent comments by Theresa Erickson
- Surrogacy Scandal Epidemic Continuing: More Troubling Allegations Regarding Bala Surrogacy
Andy, thanks for getting this information out. What I want to know is – is this agency owner also practicing law? It sure sounds like it. And, did they have attorneys involved? Again, doesn’t sound like it. Did this agency give them contracts? Or, was an attorney involved who did not advise against funds being held by an agency? What a mess! I hope that everything works out for these couples. If you need anything, let me know. - Egg Donation At The Bunny Ranch?
Bravo! I could not have said it better myself. As a former egg donor (or prostitute, I suppose), I am truly offended by her comments. Maybe this is why the feminist movement has long its momentum.
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Andrew, I agree that it is only a start, but take note that the requirements by New York are also very limited. In fact, I would not suggest that it be used as a model, but as a starting point. In fact, many points in your piece are valid, and we should continue to push in the direction of additional legislation to make these things happen. I actually addressed this in a press release yesterday noting that the loopholes need to be closed up, specifically the ASRM compliance, which is also not policied – just look how long it took for them to boot Dr. Octomom.
I largely agree with you Theresa. While at the Annual Meeting, I met with several ASRM officials imploring them to actually begin policing their members and non-members alike. As it stands now, the policing is non-existent. The ASRM needs to do more than just expelling members who flagrantly disregard their guidelines. They need to actively go after professionals and agencies who represent that they are ASRM compliant when they are neither members nor compliant. It is the ultimate form of false advertising as these professionals and agencies gain legitimacy from the ASRM imprimatur while ignoring the most basic of guidelines.
By the way, I did not see your press release. Do you have a link?
http://www.prweb.com/releases/eggdonation/lawyer/prweb3120394.htm
I echo Theresa Erickson’s concerns re: New York State Licensure of Egg Donation Agencies. I was surprised not only by the minimal standards to become so licensed but also by how easy it is to update one’s license as expiration approaches…a check (or other payment) is all that is needed to keep current a NY State License…hardly a process that offers protection to any of the parties in a collaborative reproduction effort.
Further, with respect to the language in this newly passed California legislation, I’m not sure how to interpret “certified compliance” w/ASRM standards.
Does “registration w/ASRM” mean membership? Maybe the drafters were intending to refer to the SART self-election process as “registration”?
I agree…there are problems with the language in this law…but yes, it is a start.
…and thanks, Andy, for your efforts at ASRM, much appreciated!!!
Thank you for the kind words Amy and your thoughtful comment.
My experience with New York might be different than yours and Theresa’s. I have had a number of agencies and physicians complain about the arduous review process they experienced when applying for a New York license. In fact, I have had several clinics complain bitterly about physical audits performed by New York at the license application stage or random inspections that have been conducted during the year. While I agree the license renewal is largely perfunctory, the initial application process requires that the applicant provide considerable information – information which is unavailable in any other state.
What ultimately is impressive about New York is the unwillingness of physicians to work with an unlicensed agency. I think we all agree that ASRM has little or no policing at the moment (and this will likely not change in the short-term). The only real ability to affect change then in this industry is to have the ultimate gate-keepers, the doctors, refuse to work with non-compliant agencies. In this regard, the licensing requirements in New York has compelled physicians to be vigilant about what donor programs they work with.
[...] we blogged about last week, California now requires that a warning appear in any advertisement soliciting egg donors. Today, a [...]
This website has a very interesting article on Oocyte Donation http://www.lucianonardo.com/news/285/oocyte-donation-for-optimal-pregnancy-outcomes/