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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

The Most Personal Technology: Assisted Reproductive Technology

Milena O'Hara · August 3, 2023 ·

The Economist came out with a special report this summer about IVF and other technologies used to help families grow. Of course, the subject of cost was raised. https://www.economist.com/technology-quarterly/2023/07/17/the-fertility-sector-is-booming

Interestingly, Denmark and Israel come out on top regarding popularity of IVF. As The Economist says: “IVF accounts for around 9% of live births in Denmark, the highest proportion in any country. For average number of cycles undergone per woman, the winner is Israel. The fundamental reasons for the two countries’ pre-eminence are distinct: Danes are strong supporters of women’s and family rights and understand fertility as part of the package; Israel is, culturally and politically, much more pro-baby than other rich countries. The proximate reason, though, is more or less the same. In both countries the state makes ivf widely available and (nearly) free. Israel, in this respect the world’s most generous country, will in most cases pay for as much ivf as it takes to have two “take-home babies”.”

Here are some reasons why IVF is more popular in Denmark and Israel:

  • Liberal legislation: Denmark has some of the most liberal legislation on fertility treatment in the world
  • High quality health services: Denmark has high standards of medical care
  • No stigma: Denmark has a less stigmatized culture around fertility treatments
  • Relatively low cost: IVF in Denmark is relatively low cost for foreigners
  • Free IVF: Israel provides free, unlimited IVF procedures for up to two “take-home babies” until a woman is 45
  • Large sperm bank: Denmark has one of the largest sperm banks, Cryos International, which has eliminated waiting times for IUI (artificial insemination)
  • Progressive approach: Denmark has a supportive legal framework for procedures like sperm and egg donation, as well as surrogacy
  • High fertility rate: Israeli women undergo more IVF cycles per capita than in any other country
  • Ethical issues: Judaism doesn’t imbue an embryo outside the womb with any personhood, so they skip over any thorny ethical issues that many countries have to contend with.

14 juillet

Milena O'Hara · July 14, 2023 ·

Le 14 juillet est la fête nationale de la France, célébrée chaque année le 14 juillet. Cette journée commémore la prise de la Bastille le 14 juillet 1789, qui a mis fin au règne absolu et marqué le début de la Révolution française. La Bastille était à l’origine une forteresse médiévale, mais a ensuite été utilisée comme prison d’État.
La journée est également connue sous le nom de Fête nationale française, ou le 14 juillet, en français. Les célébrations comprennent des défilés militaires, des danses et des feux d’artifice. Un défilé, organisé sur les Champs-Élysées à Paris, serait le plus ancien et le plus grand défilé militaire d’Europe.
La journée a été créée en 1880.

Congratulations to Chrissy Teigen and John Legend who welcomed their fourth child

Milena O'Hara · July 5, 2023 ·

Chrissy Teigen and John Legend welcomed their fourth child, a baby boy named Wren Alexander Stephens, via surrogate on June 19, 2023. The couple announced the birth on June 28. Teigen said that she had “always wanted four children”.

The couple named their son after their surrogate, Alexandra. Teigen said that she and Legend had begun their journey to expand their family by way of a surrogate in 2021. They connected with an agency to inquire about having two surrogates, each bringing them a healthy baby boy or girl.

The couple also has a daughter, Luna, and a son, Miles.

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.

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