Oregon Surrogacy Laws

Oregon law appears to allow only uncompensated surrogacy arrangements. The statute prohibiting “buying or selling a person” has an explicit exemption for “fees for services in an adoption pursuant to a surrogacy agreement.” This appears to codify the conclusion of a 1989 opinion issued by the attorney general, which indicated that the state may invalidate any agreement in which money is exchanged for the right to adopt a child, particularly when the birth mother contests it. The case law confirms that if a surrogate mother is compensated for her consent to adoption under a surrogacy contract, the contract is unenforceable. However, it appears that a surrogacy arrangement in which the compensated surrogate mother would have carried the baby with or without pay would be upheld. In one case in 1994, the Oregon Court of Appeals upheld an uncontested surrogacy arrangement, refusing to invalidate the agreement even though payment to the surrogate mother exceeded her pregnancy-related expenses. The Court emphasized that the facts indicated the surrogate would have entered into the agreement even without compensation and that she was not seeking to withdraw her consent for the adoption of the child. However, this case was decided before the statutory provision discussed above was passed by the legislature.

 Citations: Office of the Attorney General of the State of Oregon, No. 8202, 46 Op. Atty. Gen. Ore. 221 (April 19, 1989); In the Matter of the Adoption of Baby A and Baby B, 877 P.2d 107 (Or. Ct. App. 1994).

Happy New Year from LaMothe Services, LLC

Happy 2010 from Sharon LaMothe

Wishing you great success in the year to come!

For last year's words belong to last year's language

And next year's words await another voice.

And to make an end is to make a beginning.

~T.S. Eliot, "Little Gidding"

 

The Business of A.R.T.

LaMothe Services, LLC

Happy Holidays from LaMothe Services, LLC

Happy Holidays from

Sharon LaMothe

The Business of A.R.T. and

LaMothe Services, LLC

Every piece of the universe, even the tiniest little snow crystal, matters somehow. I have a place in the pattern, and so do you…Thinking of you this holiday season!

-- T.A. Barron

A LaMothe Book Review: The White Horse King, The Life of Alfred the Great

The White Horse King, The Life of Alfred the Great was a historical non-fiction account of pre-Britain Anglo-Saxon ruling family in the 800’s during the time of invading Danish “Norsemen” or Vikings from present day Sweden, Holland and Norway. Author Benjamin Merkle used his research to provide detailed descriptions of ruling class and peasant farmer challenges to survive not only the toil of land into harvest bounty to last the winter but to defend, defeat and eradicate invaders in longboats. This historical account accurately reveals the weaknesses of geography, infrastructure and practices of the period, how the Vikings took advantage of all of them, and how one defeated ruler in exile used his wits and wisdom to outwit, mobilize locals, raise and army and navy, inspire, educate and lead his country from a collection of conquered near-extinct city-states and regions into a single unified Britain within two generations.

This incredible story is not only engaging because it is true and Merkle supplies photographs, a handy chronology at the front and a map; but also because anyone with Anglo heritage or a natural instinct to root for the picked-on underdog can identify with the messages of the power of faith and perseverance, the values of courage and leadership and the tenacity of defending your homeland so common in human history.

The writing style is replete with many dates, locations and names but woven into the drama with enough detail and a few photographs from his solid research that it becomes clear, with a mental picture of their daily life and times that you cannot get in a school history book. When you can visualize the characters akin to a novel, this pagan verses Christian history becomes interesting, alive and engaging, and very easy to read.

Personally, I could quite easily identify with the paternal and protective instincts of the main “characters” in this real life drama of 11 hundred years ago. I found myself shocked that I had no recollection of hearing about Alfred the Great from elementary school history but did remember those nasty conquering Vikings that are more often glorified (sorry Minnesota football fans). I will let the sociologists explain why pirates are idolized…

One thing I did enjoy from the book very much was learning about the roots of our street layouts, the need for a national army and navy, the bravery of a king that locked arms with his men in a life-of-death shield wall, even the first required government literacy program. Other uniting principles originating with King Alfred during his 28-year reign were books in the local language, a strong currency and simplified common laws. What I discovered about myself was that my ancestors in Europe had a very hard life, must have lived through this terrible time and passed onto me in my genes a strong spark of survival that I can call upon if I ever need it. If you enjoy those misfits-become champions sports stories you will love this epic.

I can say that I did finish wanting to read more about the next generation of Alfred’s children and their further success, more about life in the other European countries impacted by the Vikings, and maybe even what it was like to be part of the Viking culture as a trained brigand to leave his home and family expecting to return laden with gold only to find a dug-in band of farmers that refused to budge. I found nothing to dislike about the book and would like to see it unfold as an epic movie or mini-series, even a Discovery show with many more photographs. I easily recommend this book to others who enjoy history and dramatic biographies, those who have traveled to Great Britain or have ancestry from the region, or anyone who likes a great story.



Disclosure of Material Connection: I received this book free from Thomas Nelson Publishers as part of their BookSneeze.com book review bloggers program. I was not required to write a positive review. The opinions I have expressed are my own. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255 : “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

by Roland LaMothe

Sustainable Tips to Save Small Business Owners Money PART ONE By Catherine Corley

In recent years, the notion of a “green economy” has gathered steam. The conversation accelerated when the economy worsened and unemployment rose and suddenly, a green economy was seen by many as a pathway out of the current economic situation.
Studies in 2008 found that 2 million jobs in two years could be created from adopting green practices, and 4.2 million green jobs by 2038. Similarly, in a survey of more than 100 primarily fortune 500 companies, 47 percent said that they were increasing their investment in green product development this year.

The same survey found, however, that 46 percent of companies’ environmental, health and safety budgets will remain the same in 2009 as they were in 2008, despite the economy. These statistics highlight the challenge today’s companies face when trying to make changes to become more socially responsible on a tight budget.

Your business — and the millions of other small businesses in America — can make an enormous impact on the environment through sustainable initiatives. But how do you accomplish your desire to “do good” without sacrificing the bottom line? And what tools are available to help you in your journey?

Fortunately, there are ways of gaining access to investment capital. One out of every nine dollars under professional management in the U.S. is involved in socially responsible investing, adding up to more than $2 trillion. That number represents a huge pool of money being invested in companies that are working to become more sustainable, as reported by Merchant Circle — an online community dedicated to connecting local businesses and their customers. This goes to show that capital investors are looking for companies showing green platforms in which to invest.

On the flip side, many companies have found cost savings by looking into conservation strategies and finding there was much fat to be cut. For example, through energy conservation and the use of renewable energy, IBM claims it has saved more than $100 million since 1998, while simultaneously avoiding more than 1.28 million tons of CO2 emissions. And Wal-mart estimates it will save $7 million annually on electricity by replacing incandescent light bulbs in its stores’ ceiling fan displays with super efficient compact fluorescent light bulbs.
Companies that have adopted alternative fuel and energy solutions are able to lower their exposure to oil price volatility while increasing energy efficiency, according to ChiefExecutive.net’s “It’s Not Easy Being Green.”

Learning by the examples set by companies both big and small, while also following simple steps aimed at reducing your company’s environmental impact, can set you on a path to saving money and saving the planet.

12 money-saving tips for renting a car by David Grossman

I thought that this was a timely article because of the holiday traveling season but these tips are mostly for those of you who travel for business. I know of a few conferences that are coming up for 2010 and I will certainly use a few of these tips while I travel!

12 money-saving tips for renting a car

By David Grossman, special for USA TODAY

In a tough economy business travelers must find new ways to economize. One area often overlooked is the cost of renting a car. Here are 12 of my favorite tips for saving money when renting a car.

1. City vs. airport: Many states and municipalities levy exorbitant taxes and user fees on airport rentals. I often find it less expensive to rent my car at a city or off-airport location. On a recent trip to Philadelphia I saved $103 on a five day rental by using a Hertz location in the city center instead of renting at Philadelphia International Airport.

2. Airport drop-off: To further enhance my savings in Philadelphia, I actually dropped the car at the airport on my way home eliminating the taxi fare from downtown to the airport. While one-way rentals from city to city often carry a drop charge, car rental companies rarely charge customers to pick up or return their car at different locations within the same metropolitan area. Returning that Hertz car to the airport was the same price as dropping the car at the rental office in the city center. Sometimes it even pays to rent a car at a city location solely for the drive back to the airport rather than using other forms of ground transportation.
3. Single day vs. overnight: On many trips I rent a car only for the days I need one. This works nicely if you're staying in the city and need to use the car to attend meetings in the suburbs, for example. Even if you need a car every day, renting and returning the vehicle each day can help avoid costly overnight parking at a city hotel.

4. Parking alternatives: If you need a car for the entire trip and you are staying in a city center, it is often cheaper to park overnight in a nearby public garage than pay the inflated rates charged by most hotels. If you return to your hotel in the evening and plan to leave again in the morning, you can even park overnight on the street for free in cities, even in major cities like San Francisco or New York, as long as you move the car before the daytime parking meters or restrictions are in force.

5. Renting in smaller cities: In most cases, large cities or airports charge the highest fees to maintain their expensive airport rental facilities. When visiting several cities in Arizona on a three day trip recently, my Budget rental car in Phoenix was priced at $235, but I saved $110 by renting the same car 120 miles away in Tucson and I've had similar savings by renting in Milwaukee vs. Chicago just 90 miles away. In addition, picking up a rental car in a smaller city is often much quicker and easier than large airports like Chicago O'Hare or Phoenix International Airport.
6. Using airline and other discounts: If your company doesn't have a direct corporate discount with a rental car company it often pays to use discounts offered by airlines or large organizations like the American Automobile Association (AAA) or the American Association of Retired Persons (AARP). On my Philadelphia trip the non-discounted daily rate for my midsize car was $72 while the AAA member rate was $65 and Southwest Airlines discount rate was only $52 per day. Most airlines offer discounts from multiple car rental companies. The discount numbers are generally posted on the airline's website and you usually don't have to fly that airline on that particular day to receive the discounted rate.

7. Weekend vs. weekday rentals: In tourist destinations like Florida, renting a car at the airport for a weekend during peak periods will generally cost more, while during the week there are likely to be fewer travelers and deals may abound. In contrast, at business destinations, airport rental car lots are full and prices are lower on weekends. In cities like New York or Boston, where many city residents don't own a car, rental cars are often in great demand during the weekend at city locations while airport rental counters are begging for business.

8. Web bookings: The Internet often yields lower rates than telephone bookings. In addition, travelers can comparison shop across many vendors simultaneously on travel agency websites.

9. Opaque shopping/bidding websites: I often find great car rental deals from the top rental car brands by purchasing on "opaque" websites like Hotwire.com and Priceline.com. These sites allow you to purchase "distressed inventory" from suppliers who need to move cars off their lots on a particular day. You don't know which rental car company has been assigned until after booking and it is a guaranteed, pre-paid, non-refundable reservation, but I often find the best prices here, particularly in this slow economy.

10. Avoiding unnecessary insurance: Car rental companies always try to sell insurance to accompany your rental, but many homeowners or home automobile insurance policies and some premium credit cards already cover car rental insurance so it always pays to check before accepting this option.

11. Prepaid gasoline: An increasing number of rental car companies offer a prepaid gasoline option. You pay for a tank of gas up front and then try to bring the car back with the tank as empty as possible. This can be a great convenience if you don't want to search for a gas station on your way back to the airport, but while prices for prepaid gasoline are generally lower than pump prices, any savings could evaporate if you bring the car back with more than a gallon or two in the tank.

12. Finding cheaper gas: At home, you probably know which service stations consistently offer the lowest prices, but on the road you may not. I always make a mental note of gasoline prices at stations near the airport, but using websites like GasBuddy.com or GasPriceWatch.com can take the guess work out of finding cheap gasoline anywhere in the country. On a recent trip to Cleveland I saved $8 on a tank of gas by checking the Internet first.

Of course, staying where you don't have to rent a car at all may offer the greatest savings, but when driving is unavoidable following the tips above for every rental can add up to big savings for business travelers.

Washington State Surrogacy Laws....For Those Who Asked!

Although I am not an attorney, people now are asking me where can I find information on Washington Surrogacy Laws? This is because I now live in Washington State as opposed to the "Surrogate Friendly" state of Florida. Below are the Washington State Surrogacy Law Highlights...note that compensated surrogacy is illegal.

Sharon LaMothe
LaMothe Services, LLC

http://lamotheservices.com/

Surrogate parenting — Contract for compensation void.
A surrogate parentage contract entered into for compensation, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable in the state of Washington as contrary to public policy.

Surrogate parenting — Compensation prohibited.
No person, organization, or agency shall enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract, written or unwritten, for compensation. (this is why I don't have an agency located in Washington State...beware of anyone who does and accepts money for their services!)

Establishment of parent-child relationship.
(1) The mother-child relationship is established between a child and a woman by:

(a) The woman's having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260;

(b) An adjudication of the woman's maternity;

(c) Adoption of the child by the woman;

(d) A valid surrogate parentage contract, under which the mother is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260; or

(e) An affidavit and physician's certificate in a form prescribed by the department of health wherein the donor of ovum or surrogate gestation carrier sets forth her intent to be legally bound as the parent of a child or children born through alternative reproductive medical technology by filing the affidavit and physician's certificate with the registrar of vital statistics within ten days after the date of the child's birth pursuant to RCW 26.26.735.

(2) The father-child relationship is established between a child and a man by:

(a) An unrebutted presumption of the man's paternity of the child under RCW 26.26.116;

(b) The man's having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged;

(c) An adjudication of the man's paternity;

(d) Adoption of the child by the man;

(e) The man's having consented to assisted reproduction by his wife under RCW 26.26.700 through 26.26.730 that resulted in the birth of the child; or

(f) A valid surrogate parentage contract, under which the father is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

Surrogate parenting — Definitions.
As used in RCW 26.26.210 through 26.26.260:

(1) "Compensation" means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother, and the payment of reasonable attorney fees for the drafting of a surrogate parentage contract.

(2) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.

(3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination pursuant to a surrogate parentage contract.

(4) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female, not married to the contributor of the sperm, agrees to conceive a child through natural or artificial insemination or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental rights to the child.

Surrogate parenting — Custody of child.
If a child is born to a surrogate mother pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise. The superior court shall award legal custody of the child based upon the factors listed in RCW 26.09.187(3) and 26.09.191.

Surrogate parenting — Provisions violated — Penalty.
Any person, organization, or agency who intentionally violates any provision of RCW 26.26.210 through 26.26.260 shall be guilty of a gross misdemeanor.

Happy Thanksgiving!

"He who thanks but with the lips

Thanks but in part;

The full, the true Thanksgiving

Comes from the heart."
-J.A. Shedd

Wishing you a wonderful Thanksgiving

Sharon LaMothe

LaMothe Services, LLC

http://lamotheservices.com/

LaMothe Services, LLC is Announcing the Launch of the Redesigned Blog, The Business of A.R.T.

LaMothe Services, LLC is announcing the launch of the redesigned blog, The Business of A.R.T. Found under the URL http://theagencyangle.blogspot.com/, the Business of A.R.T. is aimed at professionals in the Assisted Reproductive Technology industry who don't have the time to scour the internet looking for ways to improve their visibility within the current market.


Not only does The Business of A.R.T. blog share articles regarding social networking, branding, marketing and self promotion written by some of the top gurus in the marketing industry, Sharon LaMothe also writes about her own experiences as a surrogacy agency owner sharing tips on starting an agency, working from home, and business structure just to name a few of the more informative posts.

" Whereas LaMothe Services, LLC is designed for clients who desire to hire an assistant, of sorts, who is an expert within the infertility industry to guide and advise them, the blog, The Business of A.R.T. is a perfect compliment for those who simply need to catch up with the newest marketing and networking opportunities available." says Sharon LaMothe

For those not familiar with Sharon LaMothe, she is the Past Owner of Surrogacy Consultants of Florida, LLC and most recently the Owner of Infertility Answers, Inc. (http://infertilityanswers.net/) and is the author of the blog(s) Surrogacy 101 (http://infertilityanswers.typepad.com/surrogacy_101 and http://surrogacy101.blogspot.com/).

Sharon's responsibilities as an agency owner included interviewing new Surrogates, educating and assisting Intended Parents and Surrogates, managing relationships, writing packet forms, intake sheets, brochures and website content, marketing and advertising. Prior to owning SCF, Sharon worked with an adoption/surrogacy attorney. Sharon has also been a Gestational Surrogate, giving birth to twin girls in March of 2000 for a Florida couple, and in January 2005, gave birth to girl/boy twins for a New York couple.

Sharon's educational background includes a Social Services major which encompassed classes in Crisis Identification and Intervention, Interviewing and Counseling, Communication in Groups and Organizations. Sharon's continuing education classes include Total Quality Management (TQM) and Shared Decision Making. She has offered her unique perspectives and expertise by holding round table discussions and speaking on the topic of Surrogacy for SMART ART, RESOLVE, American Fertility Association, Fertile Dreams and by arranging staff development luncheons and meetings with various clinics, hospitals and law offices. Sharon is married with two children and currently resides in Seattle, WA.

Says LaMothe "I encourage anyone who is interested in growing their company, especially in our current economy, to subscribe to The Business of A.R.T. at the http://theagencyangle.blogspot.com/. This blog will most certainly save you time and money and will most likely motivate you to try out new marketing and networking opportunities."

The Culture of Gratitude Part #1

When I read this article, below, by Liz Jazwiec, I thought Who ever talks about gratitude in the work place. Actually "IN" the work place? And it's so important to have. Being thoughtful and thankful and having honest communication is the back bone to a great organization.

I have broken this article into two parts so please keep a look out for the 6 Ways to Create a Culture of Gratitude in Your Organization next! ;-)

Sharon LaMothe

LaMothe Services, LLC

http://lamotheservices.com/

Here’s a question just in time for Thanksgiving: Does your organization encourage a culture of gratitude? Not in an obligatory (and fear-tinged), “In this economy you’d better be grateful just to have a job, buddy!” way, but in a, “Gee, I really appreciate my coworkers and the feeling is mutual” way? Chances are the answer is no. According to a recent Gallup poll, 65% of people say they don’t feel appreciated at work. And that feeling quickly leads to pervasive negativity, low morale, and (worst of all) decreased productivity.

Companies can deliberately infuse their cultures, from top to bottom, with the proverbial “attitude of gratitude.” In fact, those who don’t put gratitude on a pedestal, especially in today’s high-stress work environments, are shooting themselves in the foot. “Too many people leave work every day thinking, My boss doesn’t appreciate me,” says Liz Jazwiec, author of Eat That Cookie!: Make Workplace Positivity Pay Off…For Individuals, Teams and Organizations. “When you feel that your boss doesn’t fully value your work, you start to care a little less. You don’t provide the kind of service you would if you felt appreciated. You don’t make an effort to help your coworkers. “And when the majority of the people in a workplace feel this way, the overall environment is hugely impacted,” she adds. “Productivity decreases, turnover increases, and it can become very difficult to stay afloat, especially in a tough economy.”

Jazwiec stresses that workplace gratitude isn’t something that is passed only from the boss to the employee. To have a real impact on workplace positivity, employees should show it to one another and to their bosses. And leaders and employees should show it to their customers. “It’s obvious when you are in a workplace where people value gratitude and graciousness,” says Jazwiec. “There is a really great vibe in those places. And when gratitude and graciousness are missing, it is equally evident. People in those environments seem to have a sense of entitlement. Coworkers who come into contact with them might say, ‘There is just no pleasing those people!’ Customers might say, ‘They just don’t care about me!’ Neither reaction is good for business.”

The great thing about infusing gratitude into the workplace is that it can come from anyone, regardless of position. “If you are a leader, you can infuse gratitude from the top down, perhaps by making it a required standard of behavior for employees,” says Jazwiec. “And if you are an employee, you can start your own grassroots gratitude movement by expressing gratitude yourself and encouraging your coworkers to do so as well. Everyone—and I mean everyone—can show gratitude in a workplace and influence others to do so.”