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What is legal insurance and how does it help in surrogacy? When starting a family formation journey, it's important to be prepared legally and financially. One way to help pay for your legal costs for your journey is with the assistance of legal insurance. What exactly is legal insurance, and how can it help you in your surrogacy journey? Let’s break it down in simple terms. Legal insurance is a special type of insurance that pays for legal services. Think of it like health insurance, but for legal matters—it can cover the costs of hiring a lawyer for things like reviewing contracts, handling disputes, or providing legal advice. In the context of your family formation case, legal insurance can be particularly helpful to cover costs of drafting or reviewing an agreement. ' Why legal insurance matters in family formation A third party reproductive journey involves a range of legal documents and agreements between intended parents, surrogates, donors, and sometimes surrogacy agencies. These documents can include surrogacy agreements, which outline the responsibilities and expectations of all parties involved; egg, sperm, or embryo donation agreements, which detail the terms of donation and parental rights; and adoption paperwork, whether it is a straightforward adoption or one where an adoption is needed to confirm parental rights of a parent for a foreign surrogacy arrangement or for a parent in a sperm donation case. Having legal insurance can help cover the costs, saving you money. Legal insurance providers we accept at Tsong Law Group At Tsong Law Group, we recognize the value of accessible legal services, particularly for complex matters like surrogacy, adoptions, and donations involving eggs, sperm, or embryos. That’s why we accept major legal insurance plans from top providers including: MetLife Legal Plans, LegalEASE, and ARAG Legal Insurance. Each offers distinct advantages to help you navigate your legal needs with confidence. MetLife Legal Plans provides comprehensive coverage at an affordable cost, with access to over 18,000 qualified attorneys nationwide. Employers that offer MetLife Legal Plans include major corporations like Microsoft, Bank of America, Ebay, Meta, Boeing and Morgan Stanley. We are one of the few surrogacy law and adoption specialists under MetLife Legal Plans. Your coverage will vary depending on your employer but for some, MetLife will cover 20 hours of reproductive law, which will cover egg donation cases, a surrogacy agreement and part of a surrogacy parentage action. For others, Metlife may not cover reproductive law, but you may still be eligible for four hours of out-of-scope services which will cover a gamete donation agreement or count towards a surrogacy contract. To check your Metlife benefits, we need your eligibility ID or membership number. LegalEASE has been a trusted name in legal insurance since 1971, offering plans that are often provided as employee benefits. Employers offering LegalEASE include Target, Google, CVS, and Stanley Black & Decker. Known for their expansive attorney network of over 20,560 vetted professionals, LegalEASE makes it easy for members to connect with the right attorney through their unique Compatibility/Matching System. Some LegalEASE cases will pay for your attorneys fees in full, for other cases you will be entitled to a discount on flat and hourly attorney fee rates. ARAG Legal Insurance is another legal insurance offering to University of California employees, California state employees, and employees at companies like Wells Fargo, the Cigna Group, Mattel, and Oracle. ARAG was one of the first to offer reproductive law benefits. We accept ARAG for some egg, sperm and gamete donations cases, foster adoptions, and surrogacy agreement reviews. Where coverage is not found, you may still be entitled to reductions in flat or hourly rates. An honorable mention goes to Men Having Babies, a private organization. Members of Men Having Babies are entitled to 10% discounts and larger discounts if they qualify for the Gay Parenting Assistance Program (GPAP) levels 1 or 2. By being qualified to provide services under these providers, Tsong Law Group provides an avenue for some clients to find discounts on their legal fees. Whether you’re navigating surrogacy, adoption, or other family-building options, we’re here to help you every step of the way. How to check your eligibility If you’re interested in legal insurance, your first step should be to check with your employer. Many large employers offer legal insurance as part of their benefits package. Ask your Human Resources department if legal insurance is available to you and whether it covers surrogacy and related legal matters. Other workplace legal benefits In addition to the main legal insurance providers, some workplaces offer other options like Workplace Options, a provider that partners with employers to offer legal services, and CLC (Certified Legal Counsel), which is another resource that some employers provide access to for various legal needs. These options can sometimes extend to cover surrogacy-related legal matters, so it’s worth exploring all the avenues available through your employer. Accessing Tsong Law Group with your plan Once you have your insurance or plan in place, the next step is to open up a case or matter, and you can then search for our name as a provider and request our service. We can assist you whether or not we are local to you, as long as you or your donor or your surrogate lives in one of our licensed states: California, Arizona, New York, Oklahoma, Illinois, and Washington. Conclusion: The legal aspects of surrogacy, gamete donation, and adoption don’t have to be overwhelming. With the right legal insurance plan, you can have peace of mind knowing that your legal needs are covered, allowing you to focus on the joy of building your family. At Tsong Law Group, our experienced team of surrogacy, adoption and egg donation attorneys is here to guide you. We are licensed in California, Washington, New York, Arizona, Illinois, and Oklahoma. Contact us today to learn more about how we can support you on your surrogacy journey.

Our previous blogs have discussed  three tricky provisions in a surrogacy agreement  and  what’s in a surrogacy agreement.  One major part of a surrogacy agreement are the sections regarding the surrogate's behavior during pregnancy. These activity restrictions aim to protect the developing fetus, but they also raise important legal and ethical questions about bodily autonomy and enforceability. This article explores common activity restrictions in surrogacy agreements, their legal status, and best practices for intended parents and surrogates.  Common Activity Restrictions in Surrogacy Agreements  Surrogacy agreements typically include restrictions that fall into several categories:  Health and Medical Care  The duty to attend medical appointments and take medication as instructed by the physician;  Agreeing to certain recommended medical procedures such as prenatal diagnostic testing, induction and cesarean sections;  Obtaining permission from the physician before taking over-the-counter medication, alternative medicine, massage, acupuncture, or chiropractic procedures.  Lifestyle Choices  Restrictions on travel, especially by plane and in later pregnancy stages  Prohibitions on alcohol, tobacco, recreational drugs, and certain medications  Dietary restrictions (e.g., avoiding raw fish or meats, unpasteurized dairy, high-mercury fish)  Limitations on high-risk physical activities like strenuous sports or dangerous activities;  Environmental Considerations  Restrictions on exposure to certain chemicals or environmental hazards (x-rays)  Limitations on occupational risks (e.g., heavy lifting, exposure to toxins)  Guidelines regarding pet contact (particularly cat litter boxes due to toxoplasmosis risk)  Legal Enforceability of Restrictions  The enforceability of these restrictions will be based on contract law. However, some states such as Washington  or Texas state will allow a surrogate to make decisions to protect her health or the health of the fetus.   Remedies for Breach  Even when activity restrictions are included in an agreement, the available remedies for breach may be limited as:  It may be difficult or impossible to discover the breach because the intended parents cannot reasonably monitor what the surrogate eats or does.  The contract may state that if the surrogate does not cure a breach, payments can be stopped. Some attorneys and surrogates will not agree to this provision.  Termination of the contract usually will not be possible once pregnancy is established.  Surrogate's Bodily Autonomy  The surrogate retains fundamental rights to bodily autonomy which may not be contracted away. Courts will be reluctant to compel specific performance for activities or medical treatments.  Best Practices for Activity Restrictions  Based on legal precedent and ethical considerations, we recommend the following approaches:  For Intended Parents  Focus on medically-supported restrictions rather than personal preferences.  Discuss expectations openly during the matching process.  Be reasonable in your requests; no one likes to be micromanaged or mistrusted.  Include updates and communication protocols so you can be informed about the progress of pregnancy and when there are important medical decisions.  For Surrogates  Be honest and open about your willingness to accommodate lifestyle modifications  Discuss potential concerns before signing the agreement with your family and attorney.  Don’t sign unless you understand your rights and the potential consequences of non-compliance under the contract.  Maintain open communication about any difficulties following or understanding restrictions.  For All Parties  Work with experienced surrogacy lawyers familiar with your jurisdiction.  Consider mediation through a mediator or a mental health professional for resolving contract disputes.  Emphasize communication and cooperation rather than punitive measures  Work on building and extending trust throughout the relationship  Conclusion  Activity restrictions  in surrogacy agreements are an important aspect of the contract process but must be balanced against the surrogate's individual rights of privacy and right to make decisions about her body. The most successful surrogacy arrangements are those based on mutual respect, clear communication, and reasonable expectations. As legal enforceability of these provisions may not be guaranteed, the spirit of cooperation between parties will be the best measure of in the arrangement.  If you're considering becoming a surrogate or intended parent, consulting with an experienced reproductive attorney is essential to navigating these complex issues. Tsong Law Group specializes in surrogacy and gamete donation law and can provide personalized guidance for your specific situation. Contact us now . Disclaimer: This article provides general information and should not be construed as legal advice. Laws regarding surrogacy vary by jurisdiction and change over time. Please consult with a qualified attorney for advice specific to your situation.

Many intended parents pursue independent surrogacy, or a surrogacy journey that is done without the help of a surrogacy agency, to save money avoiding the fees that an agency charges. When you choose an independent journey, it means that you have to do all of the things that an agency would normally do, although there are consultants and agencies you can work with who can offer their services at a lower rate than the full agency fee. We recommend you read and research as much as you can on the subject if it is your first surrogacy journey and you are thinking about an independent surrogacy journey.   Here are some of the major steps you will have to get through before your surrogate can be cleared for an embryo transfer:  Finding a suitable surrogate;  Obtain medical clearance;  Obtain psychological clearance;  Obtain legal representation and refer counsel for the surrogate so that the case can be legally cleared.  Finding A Suitable Surrogate  The first step is one of the most challenging for independent intended parents. We find some of the most common independent surrogacy situations are (1) when a friend or family member offers to be intended parents’ surrogate or (2) it is a repeat journey with a surrogate they previously worked with.   For intended parents who do not have suitable friends or family members to act as surrogates or who haven’t completed a journey before, intended parents look for a surrogate through word-of-mouth, sometimes finding a surrogate through friends or professional contacts, or by searching for a surrogate on the internet. For those who search the internet, a big word of caution is to avoid scammers who impersonate surrogates or are simply not qualified to be surrogates.   Keep in mind while you can save money without an agency, you may not find the same pool of candidates. Some candidates who are repeatedly turned down by agencies will still hold themselves out to be potential surrogates for independent cases. Be careful with this step as who you find to be surrogate it is probably the most important one you make.   Your IVF physician should have guidelines as well such as BMI and a list of disqualifying conditions which should be requested before getting into any deep negotiations with surrogates. Women who have not had a live birth will be disqualified by most clinics because they will lack a record of maintaining a pregnancy.  Women who live outside the United States are generally not suitable surrogates for a domestic journey as there is a large potential for fraud, catfishing, or it may just be unrealistic or unsafe from an immigration standpoint. Your gestational surrogate should be a permanent resident or US citizen, have a stable financial situation, not be receiving government benefits (food stamps, Medicare, Section 8, etc.), and should not have a criminal history.  At this stage or a later stage, you will also want to consider whether she has health insurance suitable for surrogacy, and contact a broker to review her insurance and offer alternative options.  By consulting with an attorney at this stage, you can obtain professional referrals, request a criminal background check and a blank compensation template so that you know you and your potential surrogate are on the same page for compensation. If you work with Tsong Law Group, you can also have the benefit of signing up for Seedcoach  at an earlier stage which can help you budget your surrogacy journey or find new ways to fund it.   Obtaining medical clearance.  The next step is getting your surrogate approved by your IVF physician. This is a step can be one of the most time consuming steps and potentially costly.   First, you will need to gather medical records of the surrogate related to her past pregnancies. Your surrogate can attempt to obtain records herself, but unless you know the surrogate well, these records should be coming from the hospital or doctor’s office and not from the surrogate, to avoid omissions or alterations.  Your IVF physician will be looking her records to see whether your surrogate is likely to safely carry a pregnancy to term.  Once she passes that step, the surrogate will also receive a medical evaluation and screening for infectious diseases.   You can read what is specifically needed in the ASRM guidelines.   Psychological clearance.  With the exception of cases involving a family member surrogate in states where it is not required by law, the parties should make sure the surrogate is psychologically cleared by a licensed mental health professional. Intended parents may also be required to receive a screening or consultation in states such as Washington , Illinois and New York .  The Legal Stage.   In cases where the match is a first time surrogate who is not a family member or close friend, the legal stage can be challenging. We discuss in several blog articles what to expect during the legal stage from the intended parents’  and surrogate’s side , and why we encourage escrow  in independent cases. We recommend that you and your surrogate agree to important terms including compensation prior to having your attorney drafting the contract, otherwise the contract may not never reach a final stage.  For more tips on the legal stage, you can watch our Youtube video on independent journeys. Once the parties finalize the surrogacy agreement and sign, and the attorneys issue legal clearance, your surrogate is finally cleared to begin medication and schedule the embryo transfer.   Conclusion  An independent surrogacy journey is more challenging than an agency surrogacy journey. If you aren’t able make it through these all the stages yourself, you may want to look for the right agency  or find a consultant to help. Consulting with a lawyer when you find a candidate for surrogacy or just to ask questions about the legality of different states is a very good idea. As Fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to the practice of surrogacy law. Our award-winning lawyers are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona. For a free consultation in surrogacy, contact us now.

Why same-sex couples should consider a second parent adoption if you or your partner conceived a child through sperm or embryo donation. In 2014, the California legislature added  Family Code section 9000.5  which simplifies a stepparent adoption in cases where one spouse gave birth to a child during a marriage or domestic partnership by removing the requirement of a home study or home visit prior t o the adoption. Previously, home studies costing $700 were required for all second parent adoptions which could take months to complete. The result is a “second parent” or “confirmatory” adoption which is easier than ever for lesbian couples who conceived a child during their marriage or domestic partnership. This Family Code section also applies surrogacy births where the parties were married at the time of conception but one party is not on the birth certificate. When you should consider a second parent adoption if your partner conceived a child through sperm or embryo donation: 1. If you are a same-sex couple that may move out of California in the future. One should not assume that listing both spouses on the birth certificate of the child guarantees the parent-child relationship. States are not required to recognize birth certificates, and case law finds that the birth certificate is not an official act but merely a recording of what two parents report to a county clerk.  An adoption order is an official act entitled to recognition under the Full Faith and Credit clause of the Constitution. Every state differs in its recognition of children born in a marriage, some are gender-specific to recognize only fathers of children born to their spouses as natural parents. So the parentage of same sex couples may be recognized in California but not elsewhere.  2. If you did not use a licensed physician, surgeon, sperm bank, or clinic for your sperm donation. Some women have used home do-it-yourself methods for artificial insemination; others use intercourse. In the first case, a written agreement prior to insemination needs to be in place; in the latter case, no contract between donor and mother will terminate the donor’s parental rights. In these cases, a second parent adoption should be used to ensure that the spouse of the natural mother is recognized as the parent in the adoption.  When would the lack of an adoption order cause problems? In some cases, sperm donors have sought visitation or custody rights; if the donor agreement which establishes no parental claims is not recognized in the state they seek visitation rights, they may be found to have rights as a parent . In the case of divorce, the other parent may claim that they are not responsible for child support. If the state does not recognize the surrogacy or sperm donor’s consent, then parental rights may be established in favor of the donor. A second parent adoption would terminate whatever rights might exist by virtue of the donor’s blood relationship to the child. What about for surrogacy? The Family Code also provides that for spouses or domestic partners in surrogacy where only one spouse is established through the proceeding to establish parentage or Uniform Parentage Act, the spouse is also entitled to a streamlined adoption. So spouses who end up not being on the birth certificate for surrogacy may be able to apply for a second parent adoption. Under this procedure, the spouse who is not on the judgment or birth certificate can receive an adoption order to be added as a parent on the birth certificate or delayed registration of birth if the birth certificate is foreign.  If you have questions about whether a second parent adoption is right for you, Tsong Law Group. Contact us today .

I have referred to surrogacy as one thing, but there are two types of surrogacy in California. “Traditional surrogacy” or “AI (artificial insemination) surrogacy” involves situations where the woman agrees to carry the child and also is the egg donor, and the sperm is provided by the intended father or by a donor. ( Family Code section 7960 .) “Gestational surrogacy” refers to surrogacy in which a woman who is not an intended parent agrees to gestate an embryo that is genetically unrelated to her. Gestational Surrogacy Contracts vs. Traditional Surrogacy Contracts While the California Supreme Court recognized in Johnson v. Calvert that a contract for gestational surrogacy was valid and that a gestational surrogate had no parental rights to the child after it is born, contracts for traditional surrogacy which assign parentage to an intended mother or father have been found unenforceable in California because it contradicts existing law on parentage. (See In re Marriage of Moschetta .) The surrogate carrier will be considered the natural mother of the child and she will have to consent to a stepparent adoption by the intended parent in order to relinquish her rights. Financial Accessibility and the Moschetta Court’s Observation This is unfortunate because the traditional surrogacy route is much more financially accessible to couples having difficulty conceiving than IVF, retrieving the embryo, freezing, transporting, and implanting the embryo in the womb of the gestational surrogate. The court of appeals in Moschetta observed: "Infertile couples who can afford the high-tech solution of in vitro fertilization and embryo implantation in another woman’s womb can be reasonably assured of being judged the legal parents of the child, even if the surrogate reneges on her agreement. Couples who cannot afford in-vitro fertilization and embryo implantation, or who resort to traditional surrogacy because the female does not have eggs suitable for in vitro fertilization, have no assurance their intentions will be honored in a court of law. For them and the child, biology is destiny." Legislative Gap in California Although the California legislature has defined traditional surrogacy in the Family Code, it has yet to enact law weighing in on court rulings which do not recognize traditional surrogacy. Out-of-State Traditional Surrogacy and Stepparent Adoption It can be noted that that there are a small number of states where a traditional surrogacy contract may be legally recognized. For example, Florida allows pre-adoption contracts in cases of artificial insemination without reference to traditional surrogacy. However, if you bring a child conceived through traditional surrogacy born in another state to California without an adoption order that can be recognized by California courts, you may run the risk of the traditional surrogate asserting or holding parental rights. As I wrote in the prior blog post “ Couples should consider stepparent adoption for children conceived by ART ” a finalized stepparent adoption can eliminate any doubts as to parentage of a child conceived through artificial insemination where the natural mother is not an intended parent. If you have had a child conceived through traditional surrogacy, schedule an consultation with my office at Adoption California to determine if a stepparent adoption is your next step.

Gas prices have spiked dramatically in recent weeks. The national average for gas crossed $4.00 per gallon at the end of March 2026, up more than a dollar from just one month earlier. At the time of this writing, there’s little indication how long gas prices will continue increasing, will remain high, or may return to lower prices. For surrogates who are driving to frequent medical appointments throughout their journey, the cost of fuel is not a small detail. It is a real, recurring expense that deserves consideration. Here is what surrogacy contracts typically include when it comes to mileage and gas, and why both surrogates and intended parents should think carefully about whether the terms are fair. What Is Typical in the Contract For a more in-depth guide read: What is in a Surrogacy Agreement Most surrogacy contracts include a mileage reimbursement provision that covers driving to surrogacy-related appointments. These include IVF clinic visits, monitoring appointments, embryo transfers, OB checkups, lab work, and any other medical visits tied to the pregnancy. The reimbursement usually works one of two ways. Either the contract sets a flat rate per mile (for example, $0.60 per mile), or it ties the rate to the current IRS standard mileage rate, which for 2026 is $0.725 per mile. The key difference is that contracts pegged to the IRS rate will automatically adjust year to year, and sometimes will adjust midyear for especially sharp increases in gas (the last time being in 2022), while a flat rate stays fixed for the life of the contract.  There is also typically a distance threshold. Mileage reimbursement only kicks in when the round-trip distance exceeds a set number of miles, often 51, 76, or 101 miles round trip depending benefit package. Anything under that threshold is expected to be covered by the surrogate's monthly allowance, which is a separate recurring payment (usually $200 or more per month) meant to offset day-to-day costs that are not specifically covered like your notary fee, short drives, parking, sometimes even lost wages or childcare for routine appointments. One principle that is generally followed in the surrogacy industry is the surrogate should not be paying out of pocket for travel related to the surrogacy. The monthly allowance is intended to cover routine, shorter-distance driving. It is not a bonus. It is there so the surrogate is not absorbing costs that are part of the journey. What Surrogates Should Consider About Mileage Surrogates should map out the full picture of where they will be driving before they sign a contract. The journey involves multiple locations, and they may not all be close to home. During the early stages, the surrogate will travel to the IVF clinic for screening, the embryo transfer, and follow-up monitoring. This clinic may or may not be near her home. If it is too far, the After the surrogate "graduates" from the fertility clinic (typically around 8 to 12 weeks), she will transition to her own obstetrician for the remainder of the pregnancy.  That means two or three potential locations, each at a different distance. A surrogate whose IVF clinic is 40 miles round trip might technically fall below the mileage threshold, but if she is driving there two to three times a week for appointments, gas adds up fast. The first time the surrogate can consider the mileage benefit is the time she signs her benefit package. This is done before matching, so that intended parents will have a good idea of what to expect for the cost of their journey. Unfortunately, the distance to and from the clinic or monitoring clinic will not be known at this time as the clinic will not be known until a match occurs. However, surrogates could be aware of higher mileage thresholds (100 miles or more) and look at the monthly allowance to see if it is above or at market rates, and if not request an adjustment to their package.  The next time to evaluate this is during matching, before acceptance of the match. When presented with a match, the surrogate can try to calculate the distance from home or work to the intended parents’ IVF clinic, or request information about where a monitoring clinic would be. This gives them a chance to request adjusting the mileage threshold as a condition to agreeing to the match.  The last time will be at the legal stage, when the contract is drafted and negotiated. If information about the clinic wasn’t known until legal, surrogates can now calculate their expected driving distances for each phase of the journey and raise the issue with their attorney if the math does not work.  Note that if intended parents are in an all-inclusive surrogacy package, the surrogate may not be able to adjust mileage during the legal stage. While it is possible to amend the surrogacy agreement once it is signed, this is normally not done for a benefit such as mileage unless an error was made in drafting. What Intended Parents Should Know The core principle is straightforward: a surrogate should not be financially burdened by travel costs that exist because of the surrogacy. If the monthly allowance does not realistically cover the surrogate's shorter-distance driving given current gas prices, that is a gap worth addressing during contract negotiations. Intended parents benefit from getting ahead of this issue. A surrogate who feels financially supported is less likely to experience stress or friction during the journey. A small adjustment, like lowering the mileage threshold, pegging the rate to the IRS standard, or adding a flat rate to each IVF appointment, can go a long way as a goodwill gesture that costs relatively little in the overall scope of a surrogacy budget. Is Mileage Reimbursement Negotiable? While both surrogates and intended parents are discouraged by agencies from changing the benefit package that is agreed to at the time of match, when there are unforeseen changes to the parties’ expectations, a term could become subject to negotiation. For example, if a gestational carrier had childcare taken care of prior to the match, but circumstances changed that the family member or ex-spouse who used to provide babysitting for free no longer would provide such childcare, then childcare expenses might be now up for negotiation. So too, mileage and travel reimbursements could be negotiable if even the IRS business rate seems behind with gas prices, then both parties should expect that there may be changes to this often overlooked contract term. The key levers include the per-mile rate, the round-trip distance threshold, and whether the contract includes any language to account for rising fuel costs. A flat rate of $0.60 per mile written today may not feel fair six months into a pregnancy if gas prices continue to climb. Contracts tied to the IRS rate offer built-in protection against inflation since the IRS adjusts its rate annually based on vehicle operating costs. Both sides should also consider how the monthly allowance interacts with the mileage provision. If the surrogate lives 30 miles from her monitoring clinic and drives there three times a week, that is 240 miles a week that falls below a 75 mile roundtrip thresholds. At $4 or even $6 or more a gallon, gas expenses could eat away at the monthly allowance leaving nothing for childcare or lost wages to cover appointments. The contract should account for this reality. Protect Yourself with the Right Legal Guidance Whether you are an intended parent building your budget or a surrogate evaluating a match, the mileage and gas provisions in your contract matter more than ever. A surrogacy attorney can help you negotiate terms that reflect current costs and protect both parties throughout the journey. As members of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to surrogacy contract drafting and negotiation. We are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona. Contact us today to schedule a consultation.

The Kardashians are more than just a family; they're a cultural phenomenon, loved by many and criticized by others. Led by Kris Jenner, the family includes her daughters: Kim, Kourtney, Khloe, Kendall, and Kylie. From their reality TV show "Keeping Up with the Kardashians" to their success in fashion and business ventures, they've captured the world's attention. Yet, what truly sets them apart is their willingness to share personal experiences, including their journey through surrogacy , which has resonated deeply with millions of fans worldwide.  Gestational surrogacy , a practice where a woman carries and gives birth to a child that is genetically unrelated to her for another individual or couple, is becoming more well-known, especially among high-profile figures like the Kardashians. For celebrities facing fertility challenges, surrogacy offers a viable solution for family planning. It also provides privacy and control over the pregnancy and birth process, shielding them from invasive media attention while allowing them to expand their families. While not the first celebrities to use surrogacy for family building, the Kardashians are some of the first major celebrities to talk about their surrogacy experiences without shame. Through their openness, the Kardashians have humanized the surrogacy experience and sparked important conversations about infertility, pregnancy complications, and alternative paths to parenthood.   Disclaimer: It's important to note that the information provided in this article is for informational purposes only. We do not claim any affiliation with the Kardashians or their surrogacy journeys. The details presented here are based on publicly available information and should not be construed as legal advice or endorsement. Kim Kardashian faced health complications including placenta accreta during her pregnancies with North and Saint. She bravely chose surrogacy as a safer alternative to expand her family. Openly sharing her journey on "Keeping Up with the Kardashians" and social media, she welcomed her children Chicago and Psalm via surrogacy in 2017 and 2019, respectively. By transparently discussing her experiences, Kim advocates for surrogacy through conversations about reproductive autonomy and exploring family building options.    Kourtney Kardashian, the eldest of the Kardashian siblings, has openly expressed her desire to expand her family and explore alternative paths to parenthood. While she has not yet pursued surrogacy, Kourtney has been vocal about considering it as a viable option for future pregnancies. Recently, reports  have emerged that Kourtney Kardashian and her husband, Travis Barker, are contemplating surrogacy for their second child together. The couple may welcome a newborn next year following the recent arrival of their son, Rocky Thirteen Barker. According to insiders, the reality stars are considering surrogacy after Kourtney's 'difficult' pregnancy, which resulted in a terrifying health scare.    Khloe Kardashian openly shared her fertility struggles with the world. Despite years of trying to conceive naturally and undergoing various treatments, Khloe and her then-partner, Tristan Thompson, faced heartbreaking setbacks due to issues like polycystic ovary syndrome (PCOS) and endometriosis. These challenges led them to consider surrogacy. In 2018, Khloe welcomed her son, Tatum, through surrogacy, marking a new chapter in her life.  Last June 2024, People reported that Khloé Kardashian suggests her brother Rob Kardashian could donate sperm to help Malika Haqq have another baby. Since Rob declined, Malika and Khloé are now exploring other options like using a sperm bank or a surrogate. Kylie Jenner, the youngest member of the Kardashian-Jenner family, has two children, Stormi and Wolf. Both pregnancies were carried to term without using a surrogate.    Kendall Jenner has not yet started a family or pursued surrogacy. However, in 2022, Kendall Jenner stated for her birthday she had a horse act as a surrogate for her to sire her a foal. The surrogacy journeys of the Kardashians reflect their resilience in the face of challenges. By being transparent about surrogacy, it has reshaped societal perceptions around alternative paths to parenthood.   As you embark on your journey, whether you are considering surrogacy or egg donation as an intended parent , or as a potential surrogate or egg donor , consulting with a surrogacy lawyer is a good place to start. As Fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to the practice of surrogacy law. Our award-winning lawyers are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona. For a free consultation in ART law, contact us now.

The Affordable Care Act (ACA) is a federal law that provides health insurance coverage to millions of Americans. Open enrollment is the period during which individuals can enroll in or change their health insurance plans. It is important for surrogacy journeys because it allows surrogates to choose insurance policies that cover surrogacy.  Under the ACA, any U.S. citizen or permanent resident can apply for major medical insurance as long as they do so during open enrollment, and premiums are the same no matter what pre-existing conditions they have. Surrogates, even if pregnant from their surrogacy, can sign up for this kind of insurance during their state’s open enrollment period. If you learn that your health insurance or maternity coverage does not include a surrogate pregnancy, look for an Affordable Care Act (ACA) plan on the marketplace during open enrollment.  ACA open enrollment is a crucial period during surrogacy journeys because it provides surrogates and intended parents the opportunity to choose a plan that will cover a surrogate pregnancy, and this may only be available during open enrollment. It's important to begin research as soon as possible to determine if the surrogate's current plan is surrogacy-friendly and if the ACA plan alternatives are friendly or friendlier. As we discussed in another article, some plans have  liens  that should be avoided, as they will raise the cost of the surrogacy journey.  Depending on your county of residence, the ACA marketplace may not provide any surrogate-friendly plans. However, there are still some options available. For example, Lloyd's of London is a company that provides insurance coverage for surrogacy pregnancy.  The following a chart of the state deadlines for open enrollment.   States Federal Open Enrollment Period for 2025 Plans Alabama November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Alaska November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Arizona November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Arkansas November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Delaware November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Florida November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Georgia November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Hawaii November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Illinois November 1, 2024 – January 15, 2025 Indiana November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Iowa November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Kansas November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Louisiana November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Michigan November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Mississippi November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Missouri November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Montana November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Nebraska November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) New Hampshire November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) North Carolina November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) North Dakota November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Ohio November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Oklahoma November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Oregon November 1, 2024 – January 15, 2025 South Carolina November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) South Dakota November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Tennessee November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Texas November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Utah November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Virginia November 1, 2024 – January 15, 2025 West Virginia November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Wisconsin November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Wyoming November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) State State Open Enrollment Period for 2025 Plans California November 1, 2024 – January 31, 2025 Colorado November 1, 2024 – January 15, 2025 Connecticut November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Idaho October 15, 2024 – December 15, 2024 Kentucky November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Maine November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Maryland November 1, 2024 – December 31, 2024 (Coverage starts on January 1) January 1, 2025 - January 15, 2025 (Coverage starts on February 1) Massachusetts November 1, 2024 – January 23, 2025 Minnesota November 1, 2024 – December 18, 2024 (Coverage starts on January 1) December 19, 2024 - January 15, 2025 (Coverage starts on February 1) Nevada November 1, 2024 – January 15, 2025 New Jersey November 1, 2024 – January 31, 2025 New Mexico November 1, 2024 – January 15, 2025 New York November 1,6 2024 – January 31, 2025 Pennsylvania November 1, 2024 – December 15, 2024 (Coverage starts on January 1) December 16, 2024 - January 15, 2025 (Coverage starts on February 1) Rhode Island November 1, 2024 – December 31, 2024 (Coverage starts on January 1) January 1, 2025 - January 15, 2025 (Coverage starts on February 1) Vermont November 1, 2024 – January 15, 2025 Washington DC November 1, 2024 – January 31, 2025 Washington November 1, 2024 – January 15, 2025 Conclusion In conclusion, Affordable Care Act open enrollment is important in many surrogacy journeys because it allows parties to find insurance policies for surrogates that cover their pregnancy and contain no surrogacy exclusions or liens. If you are a surrogate or intended parent, make sure the surrogate's insurance coverage has been reviewed by a professional and sign up for major medical insurance during open enrollment to ensure she is covered for a surrogacy pregnancy if her insurance does not cover surrogacy If you are committed to ensuring that your surrogacy journey aligns seamlessly with legal, financial, and healthcare aspects, don't hesitate to reach out to us. Our expert team, licensed in CA, NY, IL, WA, AZ, OK, is ready to provide the legal guidance and support you need. Contact us now.

Egg is a satirical drama written by Risa Mickenberg in 2018. The film stars Christina Hendricks (Mad Men), Alysia Reiner (Orange is the New Black), David Alan Basche, Anna Camp and Gbenga Akinnagbe (The Wire).  The movie portrays the interaction between two old friends, Tina (Alysia Reiner) and Karen (Christina Hendricks), who have starkly different views on motherhood during a get-together at Tina’s house. Upon Karen's arrival, Tina is surprised by how far along her friend’s pregnancy is, sparking a conversation about pregnancy and motherhood. Tina eventually reveals that she, too, is 'pregnant' but through a surrogate, which shocks her more conservative friend, Karen, and leads to a clash over what it truly means to be a mother. While their husbands, Wayne (Gbenga Akinnagbe) and Don (David Alan Basche), leave to comfort Tina's surrogate, Kiki (Anna Camp), Tina and Karen bond over heart-to-heart conversations about their marriages. However, tensions escalate when the husbands return with Kiki, and Wayne states that the baby belongs to him and Kiki, pushing the conflict to its peak. In the end, we can safely assume that Tina did not get to be the mother of the child.  Several red flags appear when they describe Kiki, the surrogate. Kiki is Wayne’s former employee who leads a carefree and unconventional lifestyle, lacks stable income, is dependent on her boyfriend for housing, and has not had a baby before.  Kiki is very impulsive, even stating that she would abort the baby if her boyfriend would take her back. She frequently oversteps her boundaries – maintaining constant direct contact with Tina and Wayne, being flirtatious with Wayne and Don, even asking Wayne to move in with her. All of these issues ultimately led to the breaking point for Tina and Wayne, and Wayne leaving in frustration. We will not spoil what happens next, though the reader may be able to guess. Realism in Surrogacy We hear of surrogacy journeys like this, ones undertaken between friends without legal contracts. So as strange as the match may be and the conscious choice of the intended parents not to use lawyers, this is not unrealistic. Tina’s rant on motherhood might be uncommon among any intended parent, but the trauma she and Wayne have from their child-loss and the pressure to have children is realistic. How Karen and Don react to the surrogacy is realistic depiction of negative reactions or stereotypes people may have about surrogacy.  Legal Aspects This is a gestational surrogacy not a traditional surrogacy, and the embryo is created from both Tina and Wayne’s gametes. New York, where this arrangement takes place, passed a law regulating gestational surrogacy in 2020. Prior to that, surrogacy was illegal in New York and the contracts were voidable. Tina explains early on that they rejected lawyers and the idea of a nuclear family:  Wayne would be a parent, and confusingly, so would Kiki, and Tina’s role was meant to be determined later.  Ideally, after a medical and psychological screening, all surrogacy arrangements should go through the legal contract stage to protect the expectations of both the surrogate  and the intended parents, where both parties are represented separately. The agreement typically outlines that, other than medical conditions that pose a threat to the surrogate’s life, all medical decisions regarding the baby are to be made by the intended parents.  Furthermore, such agreements clearly establish that the surrogate is only the carrier and has no parental rights. Had Tina and Wayne entered into their surrogacy arrangement with legal counsel, their lawyer would have ensured paperwork that would establish who the legal parents were, even in the event of death or divorce. Surrogacy is a long and complex journey and many things can go wrong, even in altruistic journeys between friends and family.  Lawyers are there to protect the interests of both parties. Unfortunately Tina did not use a lawyer and had to pay the ultimate price in the event of a divorce from Wayne. Conclusion EGG is currently streaming on Peacock. It is kind of like watching a three act play rather than a movie taking place in a single day. It’s a worthwhile watch if you are looking for a realistic surrogacy related drama at only 90 minutes long.  If you are considering surrogacy as intended parents, or a potential surrogate, consulting with a surrogacy lawyer is a good place to start. Even bohemian artists should not skip out on the legal stage.  As Fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to the practice of surrogacy law. Our award-winning lawyers are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona.   For a free consultation in ART law, contact us now.

In October 2024, Italy made international headlines by passing one of the strictest surrogacy laws in the Western world. This controversial law not only bans surrogacy within Italy but also prohibits Italians from seeking surrogacy abroad. It classifies surrogacy as a universal crime that transcends borders, equating it with serious offenses like terrorism or genocide. The broad scope of this law extends beyond surrogates and intended parents, affecting Italian citizens employed as doctors, nurses, or in other roles related to surrogacy at foreign clinics. The creation and implementation of this law sparked heated debates and concerns across Italy and abroad, particularly within the LGBTQ+ community, reproductive rights advocates, and parts of the Italian medical and legal community.  Under this new law, Italian citizens involved in surrogacy abroad could face severe penalties, including up to two years in prison and heavy fines. Thelaw aims to discourage surrogacy entirely, believing that it exploits and commodifies the female’s bodies. However, many critics argue that the law is not driven by medical or ethical concerns, but rather is a political power move done by Prime Minister Giorgia Meloni to please her supporters and the conservative political base.   We sat down with German and Italian lawyer   Alexander Schuster  to find out more about the law. Schuster first studied surrogacy as an academic when Italy’s 2004 law was enacted, and his professional experience with surrogacy grew under its enforcement. The 2004 Law on Assisted Reproductive Techniques takes a very restrictive approach: using the term "procreation" rather than "human reproduction". It banned donor insemination, a restriction that was later declared unconstitutional in 2014. It also required  women to only transfer fresh embryos , but this was also found unconstitutional in 2009.  It also banned any form of surrogacy, including uncompensated surrogacy, and makes it a crime punishable by up to 2 years in prison and a fine of up to 1 million euros.   Why was this law passed?   Until 2004, there was no legal framework for medically assisted reproduction. The center-right government then restricted access to heterosexual couple, married or unmarried, of reproductive age with fertility issues, excluding single individuals, homosexual couples, and donor fertilization. The law also prohibited genetic testing and screening and cryopreservation, two restrictions that were later declared unconstitutional. Advertising, facilitating surrogacy, and commercializing gametes and embryos are declared crimes, though convictions are rare. Convictions for these crimes have essentially never occurred, and the four cases that have made it to the Supreme Court on surrogacy carried out abroad have all been overturned and the couples acquitted. In order to strengthen the criminal prohibition, the Italian Parliament has recently passed a law that extends the crime of surrogacy so that it applies to any Italian citizen, even if the conduct is carried out entirely abroad. So what we see now is actually the extension of the prior 2004 law, by a new center-right government.    Who exactly is covered by the new law?  Does it affect people living outside of Italy?   It applies to any Italian citizen, regardless of domicile. It applies to all citizens who advertise, organize and carry out the surrogacy. This includes not only the intended parents and the surrogate, but also any other professional involved, such as a facilitator who holds Italian citizenship, or even if a US judge holds Italian citizenship and approves a surrogacy agreement. What happens to surrogacy journeys which were already completed legally?   Criminal law cannot be applied retroactively. Once the child is born and the agreement is fully fulfilled, the IPs and everyone else are safe.  What is happening to Italian same sex couples who used donors or surrogates?    The law is drafted in a neutral way, so that gender and sexual orientation do not play a role. However, given the negative attitude of the Italian government towards homosexual couples, their main target, they face the highest risks. A birth certificate with a mother and a father doesn't trigger an investigation in most cases. Exceptions would be a woman with an age incompatible with pregnancy or a notice from an Italian consulate that there is high suspicion (which occurs for travel and birth in Ukraine). We will see how the authorities react when they receive a birth certificate with two fathers.  What happens to surrogacy journeys abroad that are in progress? What should these intended parents do?    The bill that was passed does not make any transitional provisions. When it comes to criminal law, caution is advised. There is a risk of prosecution if a child is born after the law comes into force and the birth certificate is presented to Italian registries. I expect that the law will be enforced around the last ten days of November. There are clearly many arguments against applying it to cases where the pregnancy was already underway, but the risk of criminal proceedings remains.   How will the government know if a child born abroad is born to a surrogate?   This is a good question. Italy cannot rely on the cooperation from countries where surrogacy is not illegal. Unless the IPs make some mistake, Italy may not be able to provide evidence of the "crime" and the burden of proof is clearly on the prosecutor. However, we will have to see what happens. In the first period of implementation, I fear that some conservative judges might find and punish on the basis of probability rather than the proper standard of "probability beyond reasonable doubt.” And this approach would affect gay male couples the most.  Are there any other important things should we know about the law?   In the last 20 years, parts of the 2004 law have been struck down several times by the Constitutional Court and brought into line with fundamental rights. There are strong arguments to challenge the constitutionality of extraterritorial jurisdiction over a minor offense by Italian standards (imprisonment cannot exceed two years unless there are exceptional aggravating circumstances). But Parliament also appoints one-third of the Court's judges, and this is a highly divisive issue.  I do not expect the law to have a de facto impact on Italians living abroad, but I do expect the law to plunge Italy into a state of uncertainty, if not chaos, over the next five years. Lawyers who used to assist intended parents will have to assess the risk of their own prosecution. In about five years, we will see if this extraterritorial crime is unconstitutional and how it will be enforced. Until then, many potential families will be prevented not only from realizing their dream, but also from remedying Italy's plummeting birth rate.  Conclusion: Italy’s new surrogacy ban has provoked strong reactions both domestically and internationally, and may be a model for other countries who seek to prohibit surrogacy abroad. By extending surrogacy prohibitions beyond Italy’s borders, it threatens those who are in the middle of their surrogacy journeys, as well as for surrogacy agents, and medical and legal professionals who have Italian citizenship. Mr. Schuster indicates the courts might stop the law as they have in the past, but that is cold comfort for the intended parents pursuing surrogacy who have to risk fines and imprisonment.  For Italian intended parents considering surrogacy, it’s essential to consult a knowledgeable lawyer who can provide guidance on Italy’s new surrogacy law.  At Tsong Law Group, we are here to support our international clients every step of the way, working closely with their international counsel to follow their advice and help families make informed decisions as they pursue their dreams of parenthood. Our surrogacy attorneys, licensed in California, Washington, New York, Arizona, Illinois, and Oklahoma, are ready to assist you through every stage of the journey. Contact us today.