Friday Legal Updates – Oklahoma Egg Donor Legislation & Michigan Infertility Treatment Legislation
By Theresa M. Erickson
Egg Donation & Fertility Treatment – Wake up! We need to act now before patients’ fertility treatment options are further minimized:
1. Oklahoma – Cash for eggs banned in Oklahoma.
2. Michigan – A Michigan Senate Committee approved six Bills containing unconscionable intrusions into the medical care provided to infertility patients. According to Resolve:
“RESOLVE: The National Infertility Association has learned of a series of bills — Senate Bill Nos. 647, 648, 649, 650, 651, and 652 and House Bill Nos. 5131, 5132, 5133, 5134, 5130, and 5129 (the “Bills”) – pending in the Michigan state legislature that threaten the interests of infertility patients. The Senate Bills are up for immediate hearing, and we urge residents of Michigan to let the legislators know that they oppose these Bills.
While the Bills purport to regulate stem cell research, they actually go much further: they mandate vast, new Governmental surveillance of infertility patients and their treatment. Under these bills, the Government would collect and publicize intimate information about infertility patients. The Bills would unreasonably burden the treating physicians and would certainly raise the cost of medical treatments to have a baby. They would also add so many conditions that few people could exercise their choice to donate surplus embryos to research. For these reasons, RESOLVE opposes these Bills and urges that they be rejected.
The Bills were not drafted for the protection of infertility patients or doctors, but rather for the purpose of interfering with infertility treatment — even if the price is that many couples in Michigan will be denied the chance to have a family.
Senate Bill 649 may look on its face like mere informed consent and monitoring, but it actually goes much further: it authorizes the Government to collect and publicize private information about infertility patients and their embryos.
With SB 649, the Government of Michigan might as well be right in the examining room with the patient. It snoops into the intimate details of a patient’s treatments to have a baby in a way that is unprecedented in this country. This Bill would insert the Government at every step in patients’ private medical treatment, including –
Governmental tracking of every egg and embryo at every clinic
Reporting to the Government if a woman has a miscarriage
Reporting to the Government how a couple decides to handle their unused embryos (e.g., whether they donate them to research)
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