Media coverage perpetuates ART myths

By Robin von Halle

I don’t know whether to put it down to the general public’s prevailing ignorance  about gestational surrogacy and egg donation or shoddy and sensationalist reporting, particularly by the British press.

But the news coverage, especially in Britain, of the birth-by-surrogate over the holidays of a baby boy to rocker king Elton John and his partner David Furnish was pretty stunning on all counts.

The revelation that the child actually had (gasp!) two “mystery” mothers! And now, two fathers!  The fact that nothing is known about either “mother,” like their background, religion, marital status or rights to the child. That it’s not illegal for millionaires like Sir Elton to “buy” a baby in California, which, one piece proclaimed, had the most forward-thinking surrogacy laws in the U.S.

With all the exaggeration by the U.K. popular press when a celebrity utilizes assisted reproductive technology (ART), it’s a small wonder that the laws there concerning these advances remain restrictive.

We’ve been in this business nearly 20 years, and have watched the possibilities with ART, attitudes and the legal landscape change dramatically in that time, at least here in the States. Yet the misconceptions just seem to hang on.

Of course, the background, religion, marital status of the surrogate are largely irrelevant, at least in terms of the child and its future. With gestational surrogacy, the woman who carries the child has no biological connection to it. In terms of the egg donor, what’s typically most important to intended parents are the donor’s genetics. She has no more “rights” to the child than a sperm donor would, and understands that going into the process.

In California, case law has provided some guidance as to children born of gestational surrogacy. Illinois, which truly has been at the forefront with its surrogacy friendly laws, has provided protection for all parties in this arrangement. Intended parents are recognized as a child’s legal parents from the moment that child is born without an adoption or court proceeding so long as the requirements of the act have been followed and at least one of the parents is the genetic parent of that child.

Right now, we’re seeing a substantial increase in prospective parents who can only achieve parenthood with the help of a surrogate. It’s a challenge. It takes a very special person to agree to carry someone else’s child for them. And there are never enough surrogates to meet the demand.

The media scrutiny and its role in perpetuating myths only compounds the problem. Maybe it will take more first-person stories, like the New York Times’ “Meet the Twiblings” piece, to help put it all in the proper perspective.

What happens to the birth certificate when a surrogate gives birth?

Birth certificates are a tricky issue in the process of surrogacy. When a surrogate gives birth, can an intended parent’s name be put directly on a child’s birth certificate or must the parent legally adopt the child?

What can you do if surrogacy is illegal in your home state?

Surrogacy is illegal in several U.S. states. If you have chosen surrogacy as your reproductive method of choice, where do you go from here? Our legal expert, Nidhi Desai, explains your options below.

Questions? We have answers

The U.S. represents state-by-state patchwork of laws, some restrictive, some liberal, when it comes to egg donation and surrogacy. What can you do if surrogacy is illegal in your home state? Nidhi Desai, an expert in this area, discusses your options in the first of a series of video FAQs. What have your personal experiences been? We want to hear from you!

What states in the U.S. are surrogacy friendly?

The “Eggsploitation” Issue

By Mary Ellen McLaughlin

A new documentary called “Eggsploitation” presents the stories of three women who went through the egg donation process and experienced rare complications, such as a stroke, cancer (which has not been proven to be related) and ovarian hyper-stimulation.

It claims the fertility industry does not tell egg donors of the complications and risks. Of course, it’s one-sided and shades the truth. It’s controversy that sells, right?

The fact of the matter is that any medical procedure involves some risk, and egg donation is no exception. Any woman thinking about donating her eggs certainly should be informed by her agency of the risks, and of signs that she may be experiencing complications. The agency that doesn’t explain them is extraordinarily careless and unprofessional. But given my years in the field and the number of agencies we know, I’d also say that would be the exception to the rule.

Our agency repeatedly goes over these risks and complications with prospective donors. We, like most agencies and fertility clinics, also give them pamphlets to ensure they learn the signs and symptoms of complicating health issues.

But honestly, as much as we coach and advocate and inform our donors, we’ve always found that our donors are their own best advocates, and very much aware of the downsides as well as the up. We have to wonder about the women profiled in Eggsploitation. Were they truly so unaware?

Here, because it bears repeating, are the most common complications from egg donation:

• Ovarian hyper-stimulation syndrome, which is commonly caused by fertility medications. It usually occurs after retrieval, generally within the first week. Some of the signs and symptoms are rapid weight gain, abdominal distention, difficulty or painful respirations, decreased urine output and dehydration.
• Ovarian torsion, which is when the ovary rotates. It can occur at any time after the procedure due to increased ovarian size, this is why decreased physical activity is prescribed right before and after retrieval. Signs and symptoms are severe one-sided abdominal/pelvic pain.
• Bleeding and/or infection, which only occur after the procedure. Bleeding into the abdomen or vaginal wall is usually followed by an infection. Signs and symptoms are abdominal/pelvic pain, increased abdominal girth and fever. Infection by itself will cause fever accompanied by abdominal/pelvic pain.

In the 15 years I have been working with egg donors, less then 1 percent has experienced any complications. Many of these women donate to help others create a family and they’re willing to forge ahead, fully informed of the risks.