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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.

At first blush, the women married to service members, or even service members themselves may look like ideal surrogacy candidates. Information on the internet suggests active duty military insurance, Tricare, is surrogacy friendly insurance. This information is misleading, and it is our hope to correct this.     We interviewed Jennifer White, agency owner of Bright Future Families, co-host of the podcast I Want to Put a Baby in You , and military wife of 25 years, who is an expert in interpreting Tricare policies when it comes to surrogacy.  Q: Can you tell us about your background and expertise in military healthcare and surrogacy?   A: I am married to an active-duty military member for 25 years, so I've personally experienced the Tricare system extensively. I worked for third-party collections on a military base, which gave me insight into how reimbursements are handled. I also run a surrogacy matching program and have managed many cases involving military families.  Q: What are the main concerns about using Tricare for surrogacy arrangements?   A: The biggest issue is Tricare's ambiguous language regarding reimbursement. Their policy states they have the right to "reasonable reimbursement," but there's no definition of what's reasonable, and there's no time frame specified for how long they have to seek reimbursement. For surrogates, this creates a huge risk because the medical bills are in their name.  Q: So a surrogate could be liable for costs years after the surrogacy?   A: Exactly. I've seen cases where Tricare has come back after people many years later. An important perspective I gained when my husband retired was that they held his final month's pay pending an audit of all 25 years of his service. So theoretically, a young surrogate could go through an entire military career, and during retirement processing, Tricare could come back and say she owes money from that surrogacy.  Q: What does it mean when Tricare says they "pay second" for services?   A: By law, Tricare must always be the secondary payer when multiple insurances are involved. So, if you have another policy, like an ACA policy through the exchange, that policy must be primary, and Tricare would be secondary.  Q: Can active-duty service members serve as surrogates?   A: This is limited. Only Air Force and Space Force members can act as surrogates - it's prohibited in the Army, Navy, and Marine Corps under the UCMJ. Even for those who can, there are administrative requirements:  They need commander approval  Local JAG must approve  They must stay on Tricare Prime  They need special arrangements for off-base care  Q: How does deployment affect military surrogates?   A: For active-duty surrogates, there's no guarantee against deployment until pregnancy is confirmed. You could complete all medical screening and legal work, but until there's a confirmed pregnancy, the service member could still receive deployment orders. Once pregnant, they become non-deployable.  Q: Are there any circumstances where using Tricare for surrogacy is acceptable?   A: There is one exception: when both the surrogate and intended parents have Tricare coverage. In this specific scenario, there is a carve-out in Tricare's policies that makes it acceptable.  Q: What do you recommend as best practices for surrogates who have Tricare?   A: The best practice is to go into it with eyes wide open and know that you're going to need another policy to act as primary insurance. This could be an ACA policy or specialized surrogacy insurance. It would not be wise to depend on or lean on Tricare as your coverage.  Q: Why are military spouses often considered good candidates for surrogacy?   A: Military families typically have incredible support structures around them, even without nearby family. However, it's important to note that the old perception that they're "less expensive" because of Tricare insurance is problematic and risky. While military spouses often make wonderful surrogates due to their strong community connections and support systems, the insurance aspect should not be a factor in the decision.  Q: Any final thoughts about Tricare and surrogacy?   A: It's really quite straightforward: don't use Tricare as primary insurance for surrogacy. When nobody can tell you what "reasonable reimbursement" means, and there's no time limit on when they can seek that reimbursement, the risk is simply too high for any military family to take on.    Conclusion:  Navigating military surrogacy and Tricare coverage isn't just complicated – it can be potentially risky. The key takeaway from this discussion is clear: Tricare should not be relied upon for surrogacy arrangements.  The complete lack of a statute of limitation for reimbursement claims, the undefined "reasonable reimbursement" standards, compared to the short duration of an escrow account remaining open mean that surrogates could be responsible for unpaid medical bills. The only exception is when both intended parents and surrogate are military families with Tricare coverage.   If you don’t know if your surrogate’s insurance policy covers surrogacy, consulting with a licensed insurance broker and 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.  Contact us now.

As legal professionals in assisted reproductive technology (ART), watching Netflix's "Joy" offered us an eye-opening reminder of how far fertility treatment has come. The film follows the efforts of scientist Robert Edwards (James Norton), physician Patrick Steptoe (Bill Nighy), and the first IVF nurse and embryologist Jean Purdy (Thomasin McKenzie), to develop from scratch IVF which led to the birth of Louise Brown in 1978 – the world's first IVF baby.  In the 1970s, these researchers were essentially creating everything from scratch–from the basic medical equipment they used to, to the technique used to retrieve eggs and fertilize them, to determining the right hormone therapy. The movie details that their efforts were through trial and error with many failed attempts. The story is told from Jean Purdy’s perspective. One of the important roles Jean had was to guide the patient volunteers by administering injections, consoling them and providing moral support when a transfer failed or a pregnancy was lost.  The women who took part in these trials called themselves "Ovum Club" as they volunteered knowing success was unlikely. Indeed, there were years of clinic trials before the first successful pregnancy.  The film spends some time about their motivations. Uniformly, they all dream of having a baby, and even the slight chance that IVF offers is enough to give them hope. Today's fertility patients have a very different experience. While IVF still can't guarantee a baby, patients now have much more information to help them make decisions about their treatment and better chances for success. Shifting Social and Legal Landscapes One of the surprising aspects of "Joy" is the opposition these IVF pioneers faced from the media, medical institutions, and even fellow scientists. Jean feels deeply ostracized from her family and her church, and her research is compared to recently legalized but still scandalous procedure of abortion.  Edwards and Steptoe operate on a shoe-string budget, unable to secure grants, and are portrayed as mad scientists in the media, with Edwards agreeing to a television debate against Nobel Prize winner James Watson (of DNA double-helix fame) in hopes of changing minds but finding that the minds of the audience are already made up. The women of “Ovum Club” had to remain secretive of their involvement for their own protection, fearing judgment and condemnation.  The film reminds us that many medical breakthroughs we now consider routine once faced intense social resistance and moral condemnation. The film ends by noting that over 12 million IVF babies have been born worldwide – a testament to the vision of Edwards, Steptoe, and Purdy. Today's fertility treatment continues to advance, with new technologies and techniques regularly emerging. Today's ART practices now follow written guidelines issued by the professional organization ASRM , and in third party reproduction, many surrogacy agencies and lawyers are guided by ASRM and other ethical organizations, SEEDS , and AAAA . Nevertheless, we see today that the right to pursue fertility treatment could be threatened in the future by new embryonic personhood laws  or regulations on IVF like those tried in Italy .  A Personal Note While watching "Joy," we were struck by how the core mission of fertility treatment remains unchanged: helping people fulfill their dreams of building families. This film captures both the scientific breakthrough and the deeply personal aspects of fertility treatment. When we see Jean take the Ovum Club on a retreat or console a patient who has a miscarriage or can no longer continue with treatment after aging out of eligibility, we are reminded of the role agencies and mental health professionals play in third party reproduction, whether it is boosting the morale of surrogates with retreats and gatherings, or comforting their intended parents and surrogates in the event of fetal loss.  The film also beautifully portrays the dedication of medical professionals who commit themselves to helping make parenthood possible. For those considering fertility treatment, watching "Joy" can help put modern procedures into perspective. While today's methods are far more advanced, the film reminds us that behind every medical advancement are real people - both the professionals pushing boundaries and hopeful volunteers. It is a tough business, one where some clients experience loss, and others joy, but the joy, or the hope of joy, that motivates us to keep going.  Joy  is currently streaming on Netflix. At just under two hours, it’s a compelling watch for anyone interested in the groundbreaking story behind the world's first test-tube baby. Tsong Law Group is dedicated to guiding you through the legal aspects of assisted reproductive technology (ART). Inspired by the advancements highlighted in Netflix's "Joy,"  we are here to support you in building your family dreams while addressing the changing legal landscape. Contact us today  to discuss how we can assist with your fertility journey.

Both surrogates and intended parents engaged in surrogacy journeys should know about paid family leave in their state. P aid Family Leave (PFL) laws  can reduce the financial burden on intended parents when surrogates experience pregnancy-related conditions that prevent them from working. Additionally, intended parents can utilize paid family leave programs to bond with their newborn children. We recommend consulting with your surrogacy lawyer about how these laws can be incorporated into your surrogacy contract. Here is a summary of new PFL laws coming into effect in 2025: State Effective Date Changes/Benefits California January 1, 2025 Increased Paid Family Leave (PFL) and Disability Insurance (DI) benefits. 90% coverage for those earning $63,000 or less, and 70% coverage for those earning more. Applications for PFL and DI can be submitted 30 days before anticipated leave. Employers cannot require employees to use vacation time before accessing PFL benefits. Mandatory paid sick leave increases from three to five days annually. Maine Contributions Begin: January 2025; Benefits Available: May 2026 Up to 12 weeks of paid leave within a 12-month period. Coverage for pregnancy-related conditions. Income replacement based on average weekly wage, with higher rates for lower earners. Retaliation against employees using PFML is prohibited M assachusetts January 1, 2025 Maximum weekly PFML benefit is increased to $1,170.64. Employees can supplement PFML benefits with accrued paid leave. Strong job protection provisions remain. Connecticut January 1, 2025 Broaden eligibility criteria for employees and family members, qualifying reasons for leave, and accrual rates​ Accrual: 1 hour for every 30 hours worked. Can carry over up to 40 hours of unused sick leave annually. Eligibility for paid leave begins by the 120th day of employment. Michigan February 21, 2025 The Earned Sick Time Act (ESTA) enhances protections for Michigan workers, making paid sick leave more accessible Accrual: 1 hour for every 30 hours worked. Up to 72 hours leave annually (40 hours paid plus 32 hours unpaid for smaller employers). Leave covers personal or family illness, injury, or health condition, and preventative care. Washington January 1, 2025 Expansion of family member definitions for leave coverage. Comprehensive paid medical leave program remains, including pregnancy and childbirth recovery. Additional leave for pregnancy complications. Job protection during leave periods. Oregon January 1, 2025 Applies to employers with more than 25 employees:  Eligible for up to 12 weeks of paid benefits annually, with an additional 2 weeks for pregnancy-related conditions. Family leave for bonding or caring for a family member Safe leave for domestic violence or harassment, and  Leave for legal processes relating to foster child placement or adoption  Remember that these laws are just the ones from 2025, some states have existing laws that provide PFL for pregnancy disability or care of a family member. They also represent minimum requirements, and some employers may offer more generous leave benefits. Always check with your employer and surrogacy agency about specific policies and protections available to you.  If you have any questions about how these new paid leave laws may impact you as a surrogate or an intended parent, please contact a qualified surrogacy lawyer.  Attorney Ralph Tsong has spent over a decade practicing employment law and understanding the highly technical aspects of family leave law. He now applies that knowledge to help intended parents and surrogates understand how leave law can benefit them. Contact us   today to ensure you're fully informed about and protected under the latest regulations.

When starting a surrogacy  journey, one important decision is whether you need an escrow account. Let’s explain what an escrow account is and why it’s helpful for surrogacy. Escrow accounts are common in surrogacy journeys because of its safety measures. In surrogacy, intended parents deposit funds into an account either handled by a licensed escrow company or an attorney trust account (sometimes called a trust not an escrow). The escrow account is typically set up at the matching stage of a surrogacy when an agency is involved, or later in independent cases. The funds deposited in escrow are used to pay the surrogate’s compensation and other surrogacy expenses like medical bills, legal fees and reimbursements. The escrow account holder will issue payments following the agreed contract.  Is an Escrow Account required? You may be required to have an escrow account depending on the state law that applies to your surrogacy agreement. Sometimes the parties use the state laws where the intended parents live, the state of the surrogate, or the law of another state that is related to the match in some way.  Here is a map of the states that require escrow or an attorney trust account for surrogacy. California  and Washington ’s laws are unique in that independent journeys do not require escrow but ones involving a matching agency do. Virginia requires a gestational surrogacy agreement to address how expenses will be paid and guaranteed either through escrow, cash, or bonds.  Why Is Escrow Important? Whether your contract is in a state that requires escrow or not, escrow is still advisable for most journeys, even though it adds to the cost of the journey. When managed by the escrow company, having an escrow account ensures that all payments under the surrogacy agreement are made in a timely manner. This reduces the time that intended parents need to spend on the case making and monitoring payments. Escrow accounts reduce risk in most cases, such as late payments, insufficient funds, or funds being misused if entrusted to the agency. By entrusting a neutral third party to manage the account, both parties can avoid potential disputes or financial mismanagement. For surrogates, escrow is very important because it means intended parents cannot withhold payments that are due, nor will the surrogate need to go to court to receive a payment she is due if the escrow is still open. With international intended parents, surrogates will have a very hard time getting bills paid or compensation due if the intended parents do not pay and no escrow is in place. The escrow is usually kept open for sufficient time to ensure that money is available months after the journey is completed.  What about the downsides? The downsides for some intended parents is the cost. However, escrow companies do not charge extra for the length of the journey, and the amount escrow companies charge is relatively low compared to the length of time escrow is in place and the amount of work the escrow does.  Another downside to many is the fear that placing the money with a third party is not safe. We understand it would be devastating if funds in escrow were lost or stolen. For tips on how to choose an escrow company to avoid the risk of theft by the escrow, check out our recent blog,   Worst Case Scenario: Problems with Your Escrow Company . Another downside to some is the fear that money will be tied up in escrow and the journey may not be successful, and then these funds cannot be used. Despite this fear, the parties can agree to keep minimum balances lower after the journey, or have a shorter time frame for closing the escrow if there was no successful pregnancy.  For the surrogate, an escrow account should be on her checklist of requirements for a match. For intended parents, the cost is low and with adequate research, a trustworthy escrow account can be chosen.  Conclusion Using an escrow account for your surrogacy journey is a smart way to keep track of funds and ensure that payments under the surrogacy agreement are made and funding is there for the whole journey. In some states, it is required you have an escrow account. Intended parents and surrogates should both have a dependable attorney that is knowledgeable about what is required and optimal for escrow accounts in surrogacy. Reach out to Tsong Law Group today  as you start your surrogacy journey.

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.

A fresh egg donation cycle has several steps: the match between intended parents and donor; donor’s medical screening and approval by the IVF clinic; donor’s psychological clearance; donor’s genetic screening; and finally, the legal stage where legal clearance is issued.  Like our recent blogs discussing the legal stage of surrogacy from the perspective of surrogates   and intended parents,  the legal stage for egg donation is important to establish clear rights and obligations for all parties. From choosing the right attorney to contract review to obtaining legal clearance, here's what you can expect during the legal phase of egg donation:  Choosing the Right Attorney. The legal stage consists of each of the parties, the intended parents or recipients, and the egg donor (and spouse if she has one) choosing and signing on with their own lawyer.   Both parties will have separate legal representation throughout the egg donation process. The legal costs of retaining an attorney are covered by the IPs. It is crucial to select an attorney experienced in drafting egg donation agreements. In  FAQ #27, we answer whether an attorney for the egg donor can really represent them properly if their attorney fees are paid for by intended parents.   Representation Agreement.  Once selected, the lawyer will send the party a representation agreement or letter, which will explain what the scope of services the lawyer is providing. Both the egg donor and the IP will sign the representation agreement with their respective attorneys. Note that this is not the egg donation agreement, but the agreement to agree to representation.   Drafting the Egg Donation Agreement.  The lawyer for the intended parents will usually draft the egg donation agreement based on the information the agency or intended parents have given them. There are varying levels of disclosure in these agreements, ranging from anonymous to disclosed, where parties may know each other's identities. The lawyer for the egg donor usually reviews the contract with the donor. In some cases, the contract may be pre-drafted and the parties review and revise them separately.    Reviewing the Egg Donation Agreement. Schedule a review appointment with your attorney to go through the egg donation agreement thoroughly. Read the egg donation agreement beforehand because the review will not be a word for word reading. Make sure your spouse is also present for the review if they signed the representation agreement, as they will be a party to the agreement. This is the time to address any questions or suggest changes.   Negotiating and Finalizing.  Once you approve the redline your attorney sends you after your review, they will present the redline to the other side’s attorney  and the negotitaion begins.  After both parties agree to any redlines, a final egg donation agreement will then be circulated for signing.   Signing the Agreement.  In most cases, egg donation agreements do not require notarization for signatures. Some will choose to notarize if they want to verify the identity of the person signing. Notarizing a contract may be required in some states, or it may be the preference of one of the parties. The attorney may send you a PDF for printing or which can be electronically signed if the contract is not notarized.    Issuing of Legal Clearance . Once both parties have signed, the intended parents’ attorney will issue a legal clearance letter to the clinic which allows the retrieval procedure to be scheduled and begin.  If you are looking to become a egg donor or intended parent through egg donation, have an experienced attorney guide you through your contract protect your rights. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma, and recognized as AAAA and ACAL Fellows.    Reach out today for our help in the legal stage of your egg donation journey.