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Modern Fertility Law, APC

Modern Fertility Law, the firm of Milena O'Hara, Esq.

Third-party assisted reproductive law attorney, including surrogacy, egg donation, sperm donation, and embryo donation.

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General

Yes, 30% of infertility cases are related to male factor infertility issues.

Milena O'Hara · June 15, 2023 ·

Fertility problems affect approximately 13% of the total reproductively active population, and male fertility issues are responsible for up to 30% of those cases. The condition often goes unrecognized or underdiagnosed in men. A recent study showed that only 41% of Ob/Gyn physicians consider a urological evaluation of the male partner and only 24% would routinely refer men to the urologist before ordering a semen analysis, according to RESOLVE.  Male infertility is a common cause of treatment failure for people who have been trying to conceive naturally for more than one year.

Men’s fertility may be decreasing because the quality of their semen has been shown to decline. There is an evolving body of research showing the link between sperm and lifestyle factors such as smoking, alcohol use, weight, physical activity, and food.

Men may be at increased risk for infertility if they:

  • Have a history of chronic diseases, such as diabetes or heart disease
  • Have had a vasectomy, or have had surgery on their testicles or prostate gland (prostate cancer)
  • Have low sperm counts (sperm count below 20 million per milliliter [mcm])

The most common identifiable cause of infertility in men is a varicocele, an abnormally enlarged vein draining the testicles. One out of 5 males with this condition have problems with fertility. Minimally invasive surgery has proved effective.

Lack of comprehensive insurance coverage adds to the mental health struggles of people seeking fertility treatment

Milena O'Hara · June 1, 2023 ·

Around 17.5% of the adult population – roughly 1 in 6 worldwide – experience infertility, showing the urgent need for affordable, high-quality fertility care, according to the World Health Organization. But, since infertility treatment is usually excluded from comprehensive insurance coverage in the US, the majority of those people just cannot afford it. Infertility alone can cause significant distress and stigma. Combined with the financial hardship of paying for infertility treatment, mental and psychosocial well-being is at an increased risk.

Thankfully, larger US employers are starting to add fertility benefits to lure and retain staff. About 54% of the biggest U.S. employers covered IVF in 2022. Some businesses — but by no means many — aren’t limiting it to “infertility” and offering comparable benefits to same sex and single prospective parents.

About half the states in the US have laws mandating coverage of fertility treatments. Colorado became the latest state to have a fertility mandate at the beginning of this year. In California, Senator Caroline Menjivar introduced a bill that would require a health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 2024, to provide coverage for the diagnosis and treatment of infertility and fertility services (Senate Bill 729).

Prosective parents are thinking outside the box to pay for IVF, surrogacy, and other treatment. GoFundMe, funds instead of wedding gifts, and loans are ways to afford the costs. Some non-profit groups such as Baby Quest Foundation, RESOLVE, the Tinina Q. Cade Foundation, and Men Having Babies are addressing the need as well.

Creating a family takes a village, both financially and emotionally. Proper insurance coverage for fertility treatments — and mental health — must be addressed for the health of our families.

Sperm Donation: Sperm bank versus known donor

Milena O'Hara · April 13, 2023 ·

Sperm donation is becoming more common due to increasing male infertility, more women choosing to be single parents, and lesbian couples taking advantage of more favorable laws.  About ½ million women in the United States have used donor insemination to conceive children.

At this point, women have a choice: go to a sperm bank or ask a friend. In recent years, the later seems to be a more popular solution. There are many reasons why women choose to work with a known or “directed” donor instead of going to the sperm bank. They want to know their donor — personality, morals, looks, intelligence that can’t be measured or written on an application. It’s common to hear they want the donor to be a male figure in the child’s life. As one woman said: “It’s not that I didn’t care if they wound up smart and successful, but I also wanted to be able to share with them sweet stories about their father’s childhood and offer wisdom from their grandparents’ lives.” (Calling him a “father” is a legal issue you should discuss with your lawyer!) Another reason for working with a known donor is people have less trust in the sperm banking system. In one well-publicized case with a large sperm bank, the recipients found out their donor wasn’t the genius who spoke four languages, but a college dropout with a criminal record and serious genetic mental issues. There’s not as much sperm bank regulation as one would assume. In addition, due to Covid and other factors, there are fewer sperm donors in the US – therefore, there’s less choice but more recipients from the same donor. Despite ASRM recommendations, there’s no legal limit in the US on the number of times a man can donate. So, there’s also a concern about genetic siblings and consanguinity.

If a woman is lucky enough to have a friend willing and able to donate, she will be able to specifically define her and the donor’s intentions regarding number of children, future contact, sharing of information, etc. This can be done through the therapist’s office as well as in their donation contract. The contract between the donor and recipient should be done prior to the collection of semen for insemination by the clinic. In addition to declaring intentions of future contact, the contract should also state the clear relationship of the donor as family friend and not a parent. The law reflects this issue: California Family Law Code Section 7613 (b) (1) states the donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in assisted reproduction by a woman other than the donor’s spouse is treated in law as if the donor is not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child. Actions contrary to the contract can undo legal status so it’s important to understand the big picture in the future.

Using a highly experienced attorney for the contract process and counsel is key in protecting the rights of the recipient, donor, and even the donor-conceived children.Male female friendship

 

Resources

https://www.focusonreproduction.eu/article/News-in-Reproduction-Sperm-donation

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6765402/

https://www.nytimes.com/2021/01/08/business/sperm-donors-facebook-groups.html

https://www.sciencedirect.com/science/article/abs/pii/S1472648313003751

https://www.theatlantic.com/science/archive/2020/09/sperm-donor-identity-mental-health/616081/

https://www.buzzfeednews.com/article/stephaniemcneal/single-mothers-by-choice-smbc-tiktok

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8054653/

1 in 6 people globally affected by infertility

Milena O'Hara · April 4, 2023 ·

The World Health Organization issued a report this week showing approximately 17.5% of the adult population – roughly 1 in 6 worldwide – experience infertility. The statistics were roughly the same regardless of geographic area and economic status.

For those with the resources and access, egg donation, sperm donation, and surrogacy are available solutions. In the US, there are limited grants available through organizations such as Resolve.

Infertility is a disease of the male or female reproductive system defined by the failure to achieve a pregnancy after 12 months or more of regular unprotected sexual intercourse

 

Find the WHO report here: https://www.who.int/publications/i/item/978920068315

International Women’s Day!

Milena O'Hara · March 8, 2023 ·

On this International Women’s Day, let’s celebrate those surrogates (and their families) who have given up their time, comfort, and a bit of their autonomy to help people create families.

The ideal surrogate falls within the guidelines of the American Society for Reproductive Medicine (ASRM). She should be a healthy woman between the ages of 21 and 42 (preferably younger than 35), with a history of a normal pregnancy and full-term delivery without complication. But most importantly, she should be someone intended parents connect with and trust to be a part of their journey.

Thank you, beautiful angels.IWD2022

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