Conceptual Options IVF News: Divorced Couple Must Destroy Embryos
A San Francisco judge ruled last month that effectively ordered a divorced couple to thaw and discard any remaining embryos currently frozen in their IVF clinic’s office.
San Francisco judge ruled Wednesday that frozen embryos a woman wants to use over her ex-husband’s objections must be “thawed and discarded.”
Superior Court Judge Anne-Christine Massullo, in an 83-page decision, upheld a consent form the couple signed shortly after their marriage in 2010. The couple agreed on the form provided by the fertility clinic that the embryos should be destroyed if they divorced.
“It is a disturbing consequence of modern biological technology that the fate of nascent human life, which the embryos in this case represent, must be determined in a court by reference to cold legal principles,” Massullo wrote.
In addition, despite the woman’s objections the judge determined the following:
In about a dozen other embryo disputes around the country, not one high court has decided to award an embryo to someone over the ex-partner’s objection. No appellate court in California has decided the issues posed in the Lee-Findley case, but Massullo (judge) said her ruling was consistent with how other courts in the nation have viewed such cases.
Binding agreements minimize the need for court resolution of what many believe is one of the most personal decisions an individual makes: when and under what circumstances to bring a child into the world.
A spokeswoman for Lee said she was disappointed and considering her options. She had indicated previously that she would appeal if she lost.
Read more here about the Divorced Couple who must thaw and destroy their embryos.
Conceptual Options IVF News Embryo Dispute
Conceptual Options Surrogacy News: Gay Couple Challenges IRS over Medical Deductions
A gay couple in Florida is suing the IRS for denying their medical deductions for surrogacy and IVF.
According to Tampa Online,
Is being gay, in a long-term committed relationship, the same as being biologically infertile?
That’s the argument being made by a Stetson law professor in a lawsuit against the federal government.
Joseph F. Morrissey, who teaches constitutional and business law at Stetson, is seeking to overturn a ruling by the Internal Revenue Service that denied him and his partner a tax deduction. The deduction would have been for costs associated with their use of in-vitro fertilization and a surrogate who gave birth to their twin sons.
An IRS revenue agent who denied the claim said Morrissey’s sexual orientation was a “choice,” according to the lawsuit filed in U.S. District Court in Tampa.
Although there have been unsuccessful legal challenges to these deduction denials for gay men, Davis told The Tampa Tribune that Morrissey’s lawsuit makes a different legal argument — that being gay and in a committed relationship is the same as being medically infertile.
“I think it pushes the issue more clearly than perhaps was argued in (a previous case). It’s going to push the (IRS) to address this issue of, ‘Look I may not be infertile as defined by your standards historically or even as defined by medical textbooks, but the bare reality is that I can’t have a child without some type of costs that derive from the opposite gender.’ ’’
We also think that it is about time that the IRS catch up with the realities of real life – gay or straight.
Read more here about the gay couple suing the IRS over medical deductions.
Conceptual Options Surrogacy News Gay Couple Sues IRS
Conceptual Options Surrogacy: Working While Pregnant & the Pregnant Chicken
Conceptual Options’ staff has found a few blogs that we think are awesome information centers – no matter if this is your first child or last or you are a surrogate or an intended mother. For starters, this delightful blog, Life is Really Easy, is written by Queen Calm, an anonymous mother-to-be who is looking forward to meeting her son this fall. She blogs about life, books, and all her glamorous moments throughout pregnancy and motherhood. Plenty of great resources and funny humor.
In fact, this blogger (Queen Calm) has even guest posted on a site called the Pregnant Chicken, yes, it is what you think it is – and it started in 2010 so that women can share their experiences during pregnancy and beyond. This is another great resource for discussing things such as working while pregnant and helpful places to visit and antedotes to share.
Read more here about Life is Really Easy and the Pregnant Chicken.
Conceptual Options Surrogacy Resources & Pregnant Chicken
Conceptual Options Surrogacy News: Marriott Surrogate Employee Sues
A surrogate employed by Marriott hotels is suing her employer over her inability to take lactation breaks while working.
According to Slate Magazine,
Marriott employee in California is suing the hotel chain for discrimination under both state and federal law, alleging that Marriott denied her legally mandated lactation breaks. Marriott says it was not required by law to give plaintiff Mary Gonzales, a cashier and accountant at the LAX Marriott, breaks to pump breast milk because Gonzales is a gestational surrogate, not a mother with an infant at home.
As a surrogate, Gonzales gave birth in April 2014 and, upon returning to work in June, took two 30-minute breaks each day to pump breast milk to send to the child’s parents. Once her obligation to send milk to that family ended at the end of the month, she decided to continue pumping for the “personal health benefits” of lactation and to donate to the Preemies Milk Bank and women who are unable to breastfeed. Gonzales alleges that her boss told her she could continue taking lactation breaks for another 30 days; when those 30 days were up, she began using her 30-minute lunch break instead, and ate lunch during her 10-minute morning rest break. As a result, Gonzales says, she suffered from clogged ducts, breast pain, blisters, and loss of sleep as she had to pump at night.
What many are questioning is should this be covered under the law? As the response from Marriott stated, “personal health benefits’ of lactation—which it compares to ‘exercising during the workday’—is unfounded.” What are your thoughts on this case?
Read more here about the Pregnant Surrogate Employed by Marriott Suing over Lactation Breaks.
Conceptual Options Surrogacy News: Surrogacy Pregnancy Lactation
Conceptual Options Surrogacy: What Happens to Your Brain While Pregnant
We all have heard about “pregnancy brain,” but is it for real? We are not so sure after reading this, but it looks as if morning sickness and hormonal changes do create an environment of forgetfulness.
According to IFLScience.com,
My friend recently asked me: “Why have I become so forgetful since I became pregnant?” I told her I didn’t know, but that I’d look into it. She then followed with: “I was going to ask you to explain something else to me, but I totally forgot what it was.”
While a number of women – like my friend – complain that pregnancy has made them more forgetful than usual, the research on this topic is mixed. Like most changes that occur during pregnancy, hormonal fluctuations are an obvious possible culprit. Some women report no cognitive changes during pregnancy.
What do you think? Read more here about pregnancy brain.
Conceptual Options Surrogacy & Pregnant Brain