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This content is provided for general informational purposes only and should not be considered legal advice. Reading this article does not establish an attorney-client relationship. Update On July 10, 2025 , the ACLU's class action filed in New Hampshire district court which covers the proposed class of babies being born was certified by the court, and a new injunction has issued covering the class with a seven day delay for the government to appeal the inunction to the First Circuit Court of Appeal. If the First Circuit court allows the injunction to remain in effect, then the Executive Order will not take effect until the courts have ruled on the merits. The class of persons covered by the injunction is: All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, as well as the parents (including expectant parents) of those persons. As of mid‑July 2025, the executive order is currently stayed nationwide , following district court rulings. A crucial class‑action injunction in New Hampshire took effect on July 17 , after the administration did not appeal within the emergency window . No subsequent stay was granted by the First Circuit or the Supreme Court, leaving the orders in force. Introduction Today in a much-watched decision , the U.S. Supreme Court decided Trump v. CASA, Inc. , a collection of cases which had paused via national preliminary injunctions President Trump’s Executive Order 14160 Protecting the Meaning and Value of American Citizenship which limited birthright citizenship to children born from citizens or permanent residents.  What is the Supreme Court’s ruling? The Court considered the limited question whether the Executive Order can be paused nationwide. The ruling does not decide the Executive Order on the merits, whether it violates the Fourteenth Amendment. A discussion on how the Order appears unconstitutional can be found in our   blog . In a surprising and shocking 6-3 decision , the Supreme Court held that federal courts may only grant injunctive relief to the parties to a court action. The Court observed the proper means to affect other parties is a class action governed by Federal Rule of Civil Procedure 23 which requires a showing of numerosity, common questions of law or fact, typicality and representative parties who will adequately protect the interest of the class.  The Court granted the Trump administration relief of the preliminary injunction to the extent the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue. In other words, the Court held that the Trump administration can start putting the birthright citizenship Executive Order into effect in 30 days but the courts can issue new injunctions to cover the individual plaintiffs suing the Executive Order.  How does this affect international intended parents using a surrogate in the U.S.? First, the ruling will not affect the issuance of birth certificates or affect any present or future surrogacy parentage action. Intended parents who reside abroad can still work with surrogates in the United States, still have judgments issued by courts naming them as the parents on birth certificates issued in every state. The ruling will only potentially affect the issuance of documents that reflect US citizenship. Second, the ruling will not take effect until July 27, 2025 . So if a child is born in the US prior to July 27, regardless of the intended parents’ citizenship or residence, if the child is born anywhere in the US, the child will be entitled to a passport. It may also take longer than 30 days for the government to issue direction to agencies on the Executive Order. Once federal agencies have that direction, we will have more information on whether there will be any other solutions for obtaining passports for children born to surrogates, such as whether the surrogate’s citizenship or residency can be used or parentage judgment language could be used to be an exception. Which states are challenging the Executive Order? In the meantime, lower courts must reissue their injunctions in compliance with the Supreme Court's decision . The precise impact of this requirement remains unclear. Currently, 22 states have sued the Trump administration over birthright citizenship. It is likely that the federal court in State of Washington v. Trump , being heard in Seattle, Washington, will issue a new injunction covering Washington, Arizona, Illinois, and Oregon. Meanwhile, a US district court in Massachusetts hearing State of New Jersey v. Trump  could issue preliminary injunctions for the other 18 states in the lawsuit. The map below shows the states that are actively challenging the Executive Order. Will my child still get U.S. citizenship? If new injunctions are granted in these 22 states and Washington DC, then any child born in one of them will continue to automatically receive the privileges of U.S. citizenship beyond July 27, 2025. There may be other remedies available such as filing an individual or class action lawsuit to determine that the Executive Order does not apply to individuals such as intended parents. [Note that the ACLU has already filed a class action lawsuit on behalf of a class of unborn children affected by the Executive Order.] Our previous   blog  article discusses some other possibilities to leave the US immediately with a child who does not have a passport such as using the laissez passer . Rest assured that there will likely be ways to bring a child to their home country safely.  Is the Executive Order constitutional? The courts have still not determined if the Executive Order is unconstitutional. We still believe that the Executive Order violates the 14th amendment and the lower courts have unanimously indicated they will find the Executive Order unconstitutional, although the Supreme Court will have final say. Until the Supreme Court rules, the Order may be unconstitutional in some states depending on the location of the lawsuits . If the Order is found unconstitutional by the Supreme Court, then all children born in the US, regardless of when they were born, will be entitled to US passports and other privileges of citizenship.  Quick checklist for international intended parents (2025 births) ☐ Baby’s expected due date is before   July 27, 2025 . ☐ Surrogate resides in one of the 22 states challenging the Executive Order. ☐ Speak with your counsel after the courts have issued new preliminary injunctions.  ☐ Consult with counsel in home country in familiar with alternative travel documents like laissez-passer Final thoughts We will continue to work closely with our international intended parents, as well as surrogates supporting them, to monitor legal developments and identify practical solutions for any passport-related issues that arise. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship with the reader.

Equality for Every Family Act - Awaiting Review As of November 14, 2025 HB2683  known as the “Equality for Every Family Act” has not been enacted. It was passed by the legislature, then vetoed by the Governor to correct typos in references to the amendments, but those changes have been made and it now awaits re-passage and Governor Pritzker’s approval. It is expected to pass soon. This article explains what would change when the bill becomes law so that intended parents, surrogates, and agencies can plan ahead. What HB2683 Is HB2683, called the Equality for Every Family Act, would update the Illinois Parentage Act  and the Gestational Surrogacy Act . The bill focuses on how parentage is established in gestational surrogacy, the minimum terms that belong in agreements, and the paperwork hospitals and the state use to recognize intended parents at birth. We present it in the same plain‑English format we use in our practical insurance and surrogacy explainers for families. Language updates that recognize spouses in a gender‑neutral way HB2683 rewrites key terms so the statutes read in gender‑neutral language and recognize both spouses, rather than “husband and wife.” The bill revises the definition of intended parent to “include, in the case of a married couple, both spouses” and replaces mother and father with parent where appropriate. It also updates the definition of donor to “a person who provides gametes,” while confirming that donors are not parents under assisted reproduction or gestational surrogacy provisions. These changes align the text with how Illinois already treats same‑sex married couples and other families formed through assisted reproduction. What counts as assisted reproduction under HB2683 HB2683 would expand the definition of assisted reproduction to cover any method of achieving pregnancy other than sexual intercourse, including artificial insemination such as intrauterine, intracervical, or vaginal insemination, donation of gametes or embryos, in vitro fertilization and embryo transfer, intracytoplasmic sperm injection, and other assisted reproductive technology; it expressly excludes pregnancies achieved through intercourse. In practice, this would mean an at‑home insemination can qualify as assisted reproduction when the parties intend and consent to become parents through that method, even if no clinic is involved, so long as other statutory requirements are met. The bill also clarifies that a donor is not a parent under these provisions, and reinforces the importance of preparing written contracts before any third party assisted reproduction. Two Ways To Establish Parentage HB2683 creates two clear routes to establish parentage in gestational surrogacy. First, parentage can arise at birth by operation of law if required certifications from the parties, counsel, and physicians are completed and delivered to the birth hospital, with submission to the Illinois Department of Public Health under rules the department will issue. This is the current state of the law and discussed in this blog article . Second, families can obtain a court judgment of parentage on a standard record, with a short decision timeline when filings are complete.Both paths are intended to reduce uncertainty in labor and delivery and in vital records processing. Do intended parents still need a genetic connection? Previously gestational surrogacy in Illinois required intended parents have a genetic link to their child. The Gestational Surrogacy Act defines gestational surrogacy as using the gametes of at least one intended parent, and Section 46/709 of the Parentage Act requires certifications that the pregnancy was conceived with at least one intended parent’s gametes. HB2683 removes the genetic‑link requirement from both the Gestational Surrogacy Act definition and the Section 46/709 certifications. The bill strikes the “at least one intended parent’s gametes” language. When enacted, intended parents would not need a genetic connection to be recognized as parents–this is a major and welcome change in the law that opens up surrogacy in Illinois to those who have donated embryos or both sperm and egg donations. “Medical Need” for Surrogacy Changed to “Infertility”  One part of Illinois’s requirements that is not fully changed is the medical need requirement. HB2683 replaces the current “medical need” affidavit for intended parents need to start their surrogacy journey to “infertility”. Instead of requiring a physician affidavit that you have a medical need for surrogacy, the bill would require that intended parents are experiencing infertility as defined in Section 356m(c) of the Illinois Insurance Code. That definition covers three pathways: not establishing or carrying a pregnancy to live birth after 12 months of trying (or 6 months if over age 35), an inability to reproduce as a single person or with a partner without medical intervention, or a physician’s findings based on history, age, exam, or testing. Removing the physician affidavit requirement is helpful to intended parents, because they need only represent they suffer from infertility, which includes LGBTQ intended parents not being able to conceive without assistance.  Key Contract and Eligibility Requirements The bill modifies existing requirements for an Illinois surrogacy agreement. Whereas previously each party would have independent counsel, now the counsel must both be Illinois‑licensed, with the intended parents paying the surrogate’s legal fees. Compensation and reimbursements would be held by an independent escrow agent that is now not affiliated with either side’s law firm. The surrogate would retain the right to choose her treating providers. The embryo transfer physician may be licensed in the state where the transfer occurs, which reflects common out‑of‑state clinic use. The prior law which required intended parents and surrogates to have had physical and mental health screenings are unchanged.  Marital Status Changes Will Not Upend a Case If the surrogate marries or divorces after signing, the agreement remains valid and the new spouse does not become a presumed parent. The same principle applies to intended parents if their marital status changes. The goal is to avoid last‑minute amendments and to keep hospital intake straightforward. Termination Before Embryo Transfer HB2683 provides a new section that provides instances where surrogacy agreements can be terminated.  Any party may terminate the agreement before an embryo transfer or between failed transfers by written notice. There are no penalties or liquidated damages for terminating, absent fraud. Intended parents remain responsible for agreed expenses that accrued up to the termination date. While this was how almost all surrogacy contracts are drafted in practice, it does not hurt to have these provisions added. What This Means For Day‑of‑Birth Logistics Hospitals will receive a single certification packet that confirms legal parentage at delivery, or an Illinois court judgment if the family chose that route.There is no change in Illinois Vital Records issuing the initial birth certificate with the intended parents named as parents.  Bottom Line For the past decade, Illinois residents have enjoyed the benefits of legalized surrogacy and gamete donation in the form of written law. Illinois will soon have a welcome update to the law which will broaden surrogacy and gamete donation to more intended parents.  Tsong Law Group guides intended parents, surrogates, and donors through assisted reproduction in Illinois  and across the country. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. If you are planning egg donation or surrogacy, we can review your agreements, insurance, and hospital plan, and secure parentage. Contact our team to schedule a consultation. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship with the reader.

Thinking about embryo donation? Whether you're considering donating your stored embryos or using donated embryos to build your family, it's important to understand the legal process involved. At Tsong Law Group, we specialize in helping families navigate these waters. Let's break down the legal steps of embryo donation in simple terms.  What is an Embryo Donation?  Embryo donation is when individuals or couples who have completed fertility treatments donate their remaining frozen embryos to help someone else have a baby. This can help people who can't have children on their own, like individuals or couples who have experienced infertility, same-sex couples, or those with genetic concerns. Embryo donation arrangements also occur between couples create embryos but split up or individuals who create embryos but then want to add a partner as a co-owner.   The Legal Process: Step by Step  1. Initial Screening  Prior to the contract drafting stage, both donor and recipient parties typically undergo psychological screening to ensure all parties understand the emotional and ethical implications of embryo donation. Unlike sperm or egg donation, embryo donation involves already created embryos, which means genetic and std testing has typically already been completed during the IVF process.  All embryo donations must use assisted reproduction techniques to achieve pregnancy, as the embryos will be transferred to the recipient's uterus (or a gestational carrier's uterus) by a fertility specialist.  2. Choosing Your Attorney  The legal stage consists of each party—the embryo donors and the intended recipient(s)—choosing and signing on with their own lawyer. Both parties will have separate legal representation throughout the embryo donation process. The legal fees for both parties are usually covered by the recipients or intended parents. It is crucial to select an attorney experienced in drafting embryo donation agreements and familiar with the applicable state laws.  3. Representation Agreement  Once selected, the lawyer will send the party a representation agreement or letter, which will explain the scope of services the lawyer is providing. Both the embryo donors and the intended parents will sign their respective lawyers’ representation agreement. This is not the actual contract between the parties but only your agreement to be represented by your lawyer.  4. Drafting the Embryo Donation Agreement  In some cases, the donor’s lawyer will draft the embryo donation agreement based on the information the agency have given them. In other cases, the intended parents’ lawyer drafts the embryo donation agreement. In some cases, the contract may be pre-drafted and the parties review and revise them separately.  Your embryo donation agreement will cover details such as:  Parental rights and responsibilities of any children born from the donated embryos  Financial obligations related to storage and transfer of the embryos  Future contact between the parties including with any resulting children  Sharing of medical information and updates on contact information  Confidentiality requirements  Disposition of any unused embryos  The agreement will also describe a level of disclosure of identities, ranging from anonymous to fully disclosed. Unlike sperm or egg donation, embryo donation involves genetic material from two people, and if one or more gametes is donated, then the contract must reference that the prior donor has relinquished their rights and there is no limitation on donation by the donors.   5. Reviewing the Embryo Donation Agreement   Schedule a review appointment with your attorney to go through the embryo donation agreement thoroughly. Read the agreement beforehand because your lawyer will not read it aloud for you. Make sure your spouse is also present for the review if they are co-owners of the embryo, or co-recipients, as they will be a party to the agreement. The review is the time to address any questions or suggest changes.  6. Negotiating and Finalizing  Once you approve the draft or redline your attorney sends you after your review, they will present it to the other side's attorney and the negotiation begins. Once both parties approve the latest version, a final embryo donation agreement will then be circulated for signing.  7. Signing the Agreement  Most of the time, the parties need to notarize their embryo donation agreements due to the significant legal implications of transferring potential human life. Some states such as New York will require a notarized contract to be effective. The attorney may send you a PDF which can be printed, or e-signed, and advise if you need to notarize the agreement.  8. Issuing of Legal Clearance  Once both parties have signed, the intended parents' attorney will issue a legal clearance letter to the fertility clinic which allows the embryo transfer procedures to occur or for existing embryos to be transferred to the intended parents' names in the clinic's storage system.  Common Questions About Embryo Donation Laws  Can embryo donors claim parental rights later?  Generally, no, if proper legal agreements are in place. Separate representation by lawyers will ensure there is no claim later on that one party didn't understand what they were signing. Be sure to talk to your attorney about whether you should do a second parent adoption if you are a same-sex couple. Some states may also recommend or require a post-birth legal proceeding to terminate donor rights and establish legal parentage for the recipient parents.  Do children have the right to know who their embryo donors were?  This depends on state laws and the agreement between donors and recipients. Colorado currently will provide adult donor-conceived children the right to access donor information, while other states like California and Washington will allow the donor to determine if they agree to disclosure if the child approaches the clinic after turning 18. Note that studies do show that donor-conceived children benefit from being told about their donor conception and having a chance to connect with the donors, especially in the case where they have biological siblings, from the donor’s family.  How is embryo donation different from embryo adoption?  While the terms are sometimes used interchangeably, "embryo adoption" often implies a more adoption-like process with home studies and other adoption practices. "Embryo donation" typically refers to the medical and legal transfer of embryos without the full adoption framework. However, both processes accomplish the same goal: transferring legal rights to frozen embryos from the creators to intended parents.  Final Thoughts  Embryo donation can be a wonderful way to build a family while helping another family complete their fertility journey, but the legal steps are important to protect everyone involved. Working with an experienced fertility lawyer ensures your family is legally protected now and in the future.  At Tsong Law Group, we help guide you through every legal step of the embryo donation process, explaining complicated legal terms in simple language and making sure your family's future is secure.  Have questions about embryo donation or other family-building options? Contact us today for a consultation about your specific situation.

Thinking about sperm donation? Whether you're considering becoming a donor or using donated sperm to start a family, it's important to understand the legal process involved. At Tsong Law Group, we specialize in helping families navigate these waters. Let's break down the legal steps of sperm donation in simple terms. What is a Sperm Donation? Sperm donation is when a man agrees to give his sperm to help someone else have a baby. This can help people who can't have children on their own, like single women, same-sex female couples, or heterosexual couples.  The Legal Process: Step by Step 1. Initial Screening Prior to the contract drafting stage, before a clinic will allow a sperm donation, the potential donor must have a health screening. These tests check for sexually transmitted diseases which may make the pregnancy unsafe or diseases and genetic conditions that could be passed to children. Donors may also answer questions about their family health history or undergo a genetic screening, and in some cases the parties will undergo psychological screening.  In some states, an home insemination may be permissible, in which case the parties do not have to perform a screening, but in all states where sperm donation is recognized, assisted reproduction and not sexual intercourse must be used to achieve pregnancy in order for it to be a legal sperm donation.  2. Choosing Your Attorney.   When a directed donation occurs, between a donor and the intended parents directly rather than a donor and the sperm bank or intended parents and a sperm bank, you should have a legal contract in place prior to the sperm donation. When a sperm bank is used, the sperm bank will have a contract predrafted, although you may wish to have a lawyer review the contract.  In a directed donation, the legal stage consists of each of the parties, the intended parents or recipients, and the sperm donor (and spouse if he has one) choosing and signing on with their own lawyer. Both parties will have separate legal representation throughout the sperm donation process. The legal fees for both parties are usually covered by the intended parents. It is crucial to select an attorney experienced in drafting sperm donation agreements and familiar with the law. You can read this blog article to see what qualities to look for when choosing your lawyer. 3.  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 sperm donor and the intended parents will sign the representation agreement with their respective attorneys. This is not the actual contract between the parties but your agreement to agree to representation with your lawyer. 4.  Drafting the Sperm Donation Agreement.   The lawyer for the intended parents will typically draft the sperm donation agreement based on the information the agency or intended parents have given them. The sperm donor’s lawyer usually reviews the contract with the donor. In some cases, the contract may be pre-drafted and the parties review and revise them separately. Your sperm donation agreement will cover details such as: Parental rights and responsibilities of the child; Financial obligations to donor; What future contact the parties will have including with the child; Sharing of medical information and updates on contact information; Confidentiality requirements The agreement will also describe a level of disclosure of identities, ranging from anonymous to fully disclosed. An undisclosed or anonymous donation may have stricter FDA requirements on testing and quarantining.  5. Reviewing the Sperm Donation Agreement.   Schedule a review appointment with your attorney to go through the sperm donation agreement thoroughly. Read the sperm donation agreement beforehand because your lawyer will not read it aloud for you. 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. The review is the time to address any questions or suggest changes. 6. Negotiating and Finalizing.   Once you approve the draft or redline your attorney sends you after your review, they will present the draft or redline to the other side's attorney and the negotiation begins. Once both parties approve the latest version, a final sperm donation agreement will then be circulated for signing. 7. Signing the Agreement.   Most of the time, the parties do not need to notarize their sperm donation agreements. However, some parties will prefer to notarize if they want to verify the identity of the person signing and some states such as New York will require a notarized contract to be effective. The attorney may send you a PDF which can be printed and advise if you need to notarize the agreement. 8. Issuing of Legal Clearance .  Once both parties have signed, the intended parents' attorney will issue a legal clearance letter to the clinic or bank which allows the retrieval procedures to occur or for existing vials to be transferred to the intended parents’ names. Common Questions About Sperm Donation Laws Can a sperm donor claim parental rights later? Generally no, if proper legal agreements are in place. Separate representation by lawyers will ensure there is no claim later on that one party didn’t understand what they were signing.  Be sure to talk to your attorney about whether you should do a second parent adoption if you are a same sex couple. If you don't follow the legal process correctly, a donor might be able to claim rights or could be responsible for child support.  Do children have the right to know who their donor was? This depends on state laws and the agreement between donors and recipients. Colorado currently will provide adult donor conceived children the right to access donor information, while other states like California and Washington   will allow the donor to determine if they agree to disclosure if the child approaches the clinic after turning 18. Note that studies do show that donor conceived children benefit from being told about their donor conception and having a chance to speak with the donor. You can read our article on the different options for donor contact here. Final Thoughts Sperm donation can be a wonderful way to build a family, but the legal steps are important to protect everyone involved. Working with an experienced fertility lawyer ensures your family is legally protected now and in the future. At Tsong Law Group, we help guide you through every legal step of the sperm donation process, explaining complicated legal terms in simple language and making sure your family's future is secure. Have questions about sperm donation or other family-building options? Contact us today for a consultation about your specific situation.

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.

In our previous blog , we discussed the legal stage from the perspective of the gestational surrogate. Now, as surrogacy lawyers, we explain what we do for intended parents in the legal stages of your surrogacy journey. Choosing the Right Attorney. If you are working with a surrogacy agency, they will assist in matching you with a Gestational Carrier (GC) and provide referrals to attorneys experienced in drafting surrogacy agreements and obtaining parentage judgments. Selecting the right attorney can take your mind off all the legal aspects of surrogacy. We have a blog article here on what to look for. Prior to selecting your attorney, you may wish to consult with the attorney to get an idea of the legal process in the state of your surrogate. We always offer free consultations for surrogacy law . Representation Agreement and Drafting Stage. You will next need to sign the representation agreement with your chosen attorney. Our representation agreement will identify the parties, the state where the contract is going to be drafted, and the fee for drafting and for the parentage order, if we will be responsible for one. Once this representation agreement is signed and we are informed you are ready to proceed with contracts, Tsong Law Group (TLG) will usually take 1-2 weeks to draft the surrogacy agreement based on the term sheet/benefit package provided by the agency. If you are doing an independent journey, we will supply you with a blank match sheet for you to complete ahead of time, with your surrogate’s approval. Reviewing the Surrogacy Agreement. Once you receive the draft of the agreement, you will be able to easily schedule an appointment online with TLG. Your review meeting with TLG will be over the phone or on an online platform like Zoom. Before your review appointment, you should read the drafted agreement and write down questions or changes you might have. The contract review will typically take about an hour, so allow for that amount of time. This will be the time to address any questions or concerns you have with the contract. Negotiating and Finalizing the Agreement. Following your review, our attorneys will incorporate any requested changes into a new draft. This redline will be sent to you and will need your approval. This approved draft is not ready for signing, it will next be sent to the surrogate’s attorney for their review with the surrogate. So, it will take a few days or longer for the surrogate attorney to review with their clients and return another redline, or in some cases, an approval with no changes. If there are additional redlines, you will have a chance to review and accept or disapprove of changes. Once every party has no more changes to the contract, a final version will be sent for signing. Signing the Agreement. Depending on state requirements, the final contract may need to be signed in the presence of a notary public. If you are abroad, we can set up a web notary appointment if a web notary is acceptable to the courts. You may be able to use a web notary if you are in the US, but check if it could be an issue with the court for the pre-birth order process. Obtaining Legal Clearance. Once all parties have signed the agreement, our firm ensures that the GC’s attorney provides legal clearance. This clearance is crucial for initiating the embryo transfer process, as we prepare the necessary documentation for the clinic when GC signs, the GC’s attorney sends us a legal clearance letter. Once all parties have signed, we prepare and send our own legal clearance letter to the clinic to begin the embryo transfer. Preparing for the Pre-Birth Order (PBO). After legal clearance, there is usually a lull in activity on the legal front. If issues arise during your surrogacy journey, you can always contact us for advice. The next major step is the parentage order, often called the PBO. You can read about PBOs here. Once we receive notice of a pregnancy, we calendar the due date. In most states we work in, we get started before the 20th week of pregnancy. This is so there is adequate time to prepare the pre-birth order and receive a judgment from the court. Reviewing and Signing PBO Documents. Once the PBO documents are prepared, we send them to GC’s attorney for them to review and sign with their clients. GC’s attorney will approve of the documents before we send them to you to review before signing. Some counties allow for electronic signatures which makes filing the PBO faster and more convenient. These documents will then be filed with the court, where we will wait for a signed judgment. In some counties, we also have to request background checks which will require your consent. Final Steps and Notifying the Hospital.   Once the PBO has been accepted by the court and a judgment issues, we contact the chosen hospital to provide them with a copy of the judgment and a hospital letter explaining the surrogacy arrangement . We often will provide GC with one certified copy of the judgment to bring with her in case the hospital does not have their own copy. In some cases, the intended parents cannot arrive at the hospital, so a power of attorney may be necessary to authorize someone else to pick up and care for the child until their arrival. Once the PBO goes to the hospital, our role is typically done, though we will assist with speaking with the hospital social workers if they have questions. At the end of your long journey, we are glad to be a part and hope you share us a baby picture with us. Our surrogacy lawyers are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. As a top-rated firm in client satisfaction, we strive to make every surrogacy journey seamless. Contact us today.

The legal stage in a surrogacy arrangement is a big milestone and many times the last step in being qualified as a gestational carrier.  Usually, it happens after the lengthy medical and psychological clearances have been issued by the IVF clinic and mental health evaluation. While everyone has been to the doctor and understands what mental health professionals do, many people never hire an attorney in their lifetimes.  In this guide, we will explore exactly what you should expect during the legal stage from a surrogate’s perspective. Not sure why you need a lawyer ? View this FAQ. Your agency may provide you with a list of attorneys to consider, or you may be left to choose an attorney on your own. There are many things to consider when choosing an attorney, and you can read our article   on what you should consider. Once you have selected your attorney and notified your agency or the intended parents if you do not have one:  1. The representation agreement.  Once you select your attorney, you will be contacted to sign their representation agreement. This agreement is not to be confused with the surrogacy agreement itself, it will be a short agreement explaining you will be represented by your attorney with reviewing the surrogacy agreement, and possibly the parentage action in the future. If you have a partner who will be on the contract, or are married, they will also be represented by the same attorney. Please provide their email address so both of you can sign the representation agreement electronically. Note that your attorneys fees will be paid for by another party, the intended parents, so much of what the agreement does is explain this arrangement and discuss waiving the conflict of interest if you accept this payment.   2. Gestational Surrogacy Agreement.  You will now wait for your attorney to receive the gestational surrogacy agreement   (GSA) which is typically drafted by the intended parent’s attorney who must also review it with their clients before sending it to us. Thus, even after medical clearance and signing up with your attorney, you may have to wait a few weeks before you have the GSA. If we represent you, we will send you the agreement along with a calendar link to choose a date and time to schedule a review appointment. When scheduling the review, keep in mind the review may take an hour or more, so be prepared. Your spouse or partner will also need to be available at the same time.  3. Before and During the Review Appointment.  Be sure to read the GSA before your review appointment--your attorney will expect you to do so, and you can prepare your questions ahead of time. During the review, we will explain the law in your state and go over the contract paragraph by paragraph (though not word for word) and ensure that the terms match the match sheet and compensation package. During the review, we will make a redline of the changes that we recommend.  4. Approving the First Redline.  The initial review isn’t over yet. Usually within a day, the attorney will send you a redline based on changes and requests made during the review. If you have no more questions or changes, respond to your attorney that you approve the redline, and then it will be sent to the intended parent’s attorney. If you do not respond, progress on the contract will be delayed.   5. Signing the Gestational Surrogacy Agreement. After the first redline, there may be a second or additional redlines if the intended parents’ attorney does not accept all the changes. Your attorney will send you any additional redlines and you can discuss if you approve the new changes. Once the final GSA has been approved by all parties, in most cases, you will need to sign with a notary. Your attorney will be able to advise if you are able to use an online web notary or whether you should print out and go to a location that has a notary public. Follow the instructions in the email you are provided. You should scan the entire signed agreement, and if you are not able to, take photographs of the signature and notary pages and send them to your attorney. Sometimes, the attorneys will request that the original GSA be mailed to the intended parents attorney. If you do not receive instructions, keep the original safe in case it is needed.    6. Legal Clearance.  After you provide proof you signed the GSA with your attorney, they will send a legal clearance letter to the intended parent’s attorney. This letter will state that you are aware of your rights and have reviewed the contract with an attorney. But this legal clearance is still not the end. It is not until the intended parent’s attorney has both their client’s signed surrogacy agreement and yours that they send the IVF clinic a legal clearance letter stating details about moving forward with the embryo transfer. At this point, you are officially “legally cleared” and can begin your medication in preparation of the embryo transfer.   7. Parentage Order.  Your attorney may inform you that they will talk with you again for the parentage order stage.  During your pregnancy, before the parentage action, you will typically receive an intake form which you will complete. You can review our blog for what the parentage action   entails in different states.     If you are a surrogate who is at the legal stage, you should have an experienced attorney to make sure you understand the contract, that the terms are satisfactory, and your rights are protected. At Tsong Law Group, our experience consists of thousands of successful legal clearances and parental judgments. We are licensed attorneys in California, New York, Illinois, Washington, Arizona, and Oklahoma with recognition as AAAA and ACAL Fellows.   Contact us today   to begin your surrogacy journey with confidence on a solid legal footing.

By Lisa Schuman, LCSW and Mark Leondires, MD About the Authors Lisa Schuman is a licensed psychotherapist and co-author of Building Your Family who directs and founded The Center for Family Building, a resource hub supporting donor conception and surrogacy journeys. She previously led mental health services at Illume Fertility and Gay Parents To Be, and testified before the New York State Senate Judiciary Committee on compensated surrogacy. She is also an award‑winning researcher and host of the Building Your Family podcast , helping parents create healthy disclosure narratives and evidence‑based plans. Schuman opens up about the personal story of her journey with her husband Keith. Like many couples, they assumed pregnancy would "just happen." Dr. Mark Leondires is a board‑certified reproductive endocrinologist and the Founder and Medical Director of Illume Fertility, as well as the founder of Gay Parents To Be , an educational and care pathway for LGBTQ+ intended parents. As a gay dad through egg donation and surrogacy, he brings lived experience together with clinical expertise to guide patients through IVF and donor conception. He is a nationally recognized advocate for inclusive, evidence‑based fertility care. What The Book Covers Building Your Family: The Complete Guide to Donor Conception is a practical handbook for readers considering or navigating the donor conception process. The book walks readers through every stage of donor conception process: from making the initial decision, to choosing and screening donors, to understanding IVF and genetic testing. It also covers other considerations, such as the legal process, record-keeping, and consent. The authors also advise on how to talk with children about their origins, with guidance tailored to different age groups. The book addresses the unique needs of single parents and LGBTQ+ families, and discusses how to handle disclosure in the age of consumer DNA testing. Readers will find helpful tools like checklists, sample conversation scripts, questions to ask clinics and agencies, stress-management tips, and resource lists. Why This Book Is Different Building Your Family by Lisa Schuman and Dr. Mark Leondires stands out a guide because it addresses both the practical and emotional aspects of donor conception, two areas our clients navigate simultaneously. The dual perspective of a therapist and reproductive endocrinologist means the medical and technical aspects do not get a short shrift. Dr. Leondires brings clinical expertise while Schuman offers mental health insights and the stories of her clients, creating a more complete resource than typical guides. While this book is highly technical and detailed, it also tells personal stories that Shulman has encountered including Shulman’s own journey. Key Takeaways for Intended Parents The Emotional Reality. In one of the first chapters, the book explains that infertility patients experience depression levels similar to cancer patients. This data validates that many intended parents feel real prolonged grief. The authors thoughtfully explore how men and women often process this grief differently, and how these differences can impact relationships during an already stressful time. Throughout the book, one message resonates clearly: you are not alone . The authors weave in stories from diverse families, including mentioning celebrities who have used donor conception, normalizing what can feel like an isolating experience. Choosing Your Donor The book provides practical guidance on donor selection. Important considerations include: Medical history and lifestyle factors (like smoking history) Disclosure levels: from anonymous to open donation The reality that DNA testing has changed anonymity forever Discussion of donation transparency levels is particularly important in our current era, where DNA testing services like 23andMe have fundamentally changed donor anonymity. The trend toward open donations reflects a growing recognition that children may want to connect with their donors in the future, a possibility that requires thoughtful planning from the start. Creating Healthy Family Narratives This guide recommends starting age-appropriate conversations in early childhood using books and metaphors. The goal is preventing shock or surprise later while making donor conception a normal part of the family story rather than a sensitive secret. Support for All Family Types The authors acknowledge how LGBTQ+ families faced additional barriers and stigma in the past, while recognizing the progress made today, including more genetic information availability and opportunities for face-to-face donor interactions. Practical Application This guide is helpful because of its balance between emotional support and practical navigation. Beyond medical protocols and legal considerations, it includes stress reduction techniques and emphasizes ongoing mental health support. This combination makes it particularly valuable for those new to donor conception who need both information and reassurance. For our clients, this book serves as a comprehensive primer that complements the legal guidance we provide. It answers questions clients might not think to ask and addresses concerns they might hesitate to voice. Conclusion Building Your Family fills a gap in donor conception resources by addressing both logistics and emotions without sugar-coating either aspect. For anyone considering or pursuing donor conception—whether due to infertility, as a single parent, or as an LGBTQ+ couple—this book provides a realistic roadmap for the journey ahead and even after the birth. It will be more technical than other books in the field, it will address nearly every aspect of the journey, with exception of the legal stage or possibly insurance . Every family's path is unique, and having a resource that acknowledges both the challenges and possibilities of donor conception can make that path feel less isolating.

Introduction Let’s cut to the question everyone considering surrogacy or egg donation living in New York has : Does the law in New York require infertility coverage that includes procedures like egg retrieval on a donor or an embryo transfer on your surrogate?  Unlike Illinois  and California  in 2026, your infertility health plan coverage will cover only you, not a third party. Your plan may cover your own infertility treatment and, if you’re on a New York‑regulated large‑group fully insured plan, up to three IVF cycles subject to medical necessity and preauthorization. See the Department of Financial Services (DFS) overview  of infertility, IVF, and fertility preservation requirements but no coverage for a surrogate’s or donor’s procedures to treat your infertility under your policy.. Coverage cannot discriminate in application to LGBTQ+ individuals, however, this doesn’t appear to mean the same thing as in Illinois or California. What your plan may cover for you   All fully insured policies in New York must cover “basic” infertility services such as diagnosis and non‑IVF treatments (like IUI) when you meet the definition of infertility.  Under New York insurance rules, infertility  means a disease or condition characterized by the inability to impregnate another person or to conceive, defined as failure to establish a clinical pregnancy after 12 months of regular, unprotected intercourse or therapeutic donor insemination (or after 6 months if the female partner is age 35 or older), with earlier evaluation and treatment when clinically indicated.   Read the full definition .  Large‑group fully insured policies must also cover up to three IVF cycles, including IVF‑related prescription drugs; prior authorization and step therapy are allowed. Self‑funded employer plans are not bound by these state mandates, so their benefits depend on the plan document. For details, start with DFS’s insurer Q&A  on New York’s IVF and fertility preservation law.  New York also requires coverage for fertility preservation when medical treatment may cause infertility (including gender‑affirming care). Collection, freezing, and storage are included, but IVF itself is not required as a preservation service. Storage linked to an intended IVF procedure is covered during the window in which the three mandated IVF cycles are available.  Carriers cannot discriminate in infertility coverage based on sexual orientation, marital status, gender identity, age, or disability. DFS’s 2021 circular letter  explains how plans must provide immediate access to basic infertility services for people who need medical intervention to conceive, while still allowing appropriate step therapy before IVF. Surrogacy in New York: who pays for what  Your plan may cover your IVF to create embryos if IVF is part of your benefit. It will not cover a gestational surrogate’s embryo transfer, prenatal care, delivery, or postpartum care unless the surrogate is actually enrolled under that same policy. DFS’s consumer guidance makes this “covered members only” rule explicit.  Separate from insurance mandates, the Child‑Parent Security Act requires intended parents to provide a comprehensive health insurance policy for the surrogate from pre‑transfer meds through twelve months postpartum, plus certain other protections. New York’s Surrogates’ Bill of Rights  and CPSA pages  outline these obligations; build them into your agreement  and escrow before medications begin. Using donor eggs or sperm  Plans generally process the recipient’s side of care (monitoring, transfer, embryology) under the member’s infertility/IVF benefit if the cycle meets medical‑policy criteria. However, the statute does not expressly guarantee donor‑egg IVF; approval is plan‑specific, so preauthorization is essential.  A donor’s medical services and fees are different. Because insurance only covers its enrollees, your plan will not pay a donor’s screening, retrieval, medications, compensation, or agency costs. The Department of Health’s donor fact sheet  notes that, in most cases, the program or recipient pays the donor’s medical bills, and programs may require separate complication coverage. Budget accordingly and confirm billing with your clinic.  If you’re on a self‑funded plan or Medicaid  Self‑funded plans set their own infertility and IVF terms; check your Summary Plan Description and the plan’s medical policy. New York Medicaid offers a limited infertility benefit  (office visits, diagnostics, certain ovulation‑inducing drugs) and does not cover IVF. Medicaid covers maternity care for eligible members, which can include an eligible surrogate, but that is separate from the intended parents’ commercial plan.  Need legal guidance?   If you're pursuing egg donation, surrogacy, or both in New York , Tsong Law Group  can help you protect your family and finances. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma—and we’ve helped families nationwide navigate fertility law with confidence. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship with the reader.

Completing a surrogacy journey in California   will require a pre-birth order before the child is born. A pre-birth order, also known as a parentage judgment, is a court ordered judgment that establishes the intended parents as the sole parents of the unborn child and not the surrogate and her partner, if any. Check our previous blog “What is a Pre-Birth Order”   to learn what a PBO is.  1. When Should a PBO Be Started?  A PBO takes time to both prepare, to be signed by the parties, accepted for filing, and then reviewed by the judge and signed. Typically ,  the California PBO process can take 8 weeks from start to finish. Given the time needed, most intended parents want to start on a PBO by 20 weeks of pregnancy or earlier as there is a chance the baby may be born prematurely.   2. What is Needed For a PBO?  The process to get a PBO in California begins with your attorney gathering all the required information to complete the pleadings and forms.   These include:   A. Information relating to the Gestational Carrier  This includes the names, partner/spouse name, address, and her attorney’s information.  B. Information about the Intended Parents  In some counties in California, a background check of the Intended Parents is needed. International intended parents will need to provide their passport and a national ID for an international background check, while domestic intended parents can complete the background check online. Other information will be needed such as their full names and marital status.  C. Information about the Pregnancy  California law requires that the surrogacy contract list the source of the egg and sperm used to create the embryo and this information is provided to the court.  The attorney will also need information such as the date of the embryo transfer, the expected due date, how many embryos were transferred, how many fetuses the surrogate is carrying, and who did the embryo transfer.  We know that the information being provided may be sensitive. Don’t worry, under California law, the court proceedings are confidential and only a party to the case can have access to the case or the court filings.  3. Preparing the Pleadings  After this information is gathered, the intended parents’ attorney will prepare pleadings and forms using this information. The pleadings and forms will request that the court issue an order finding the parentage of the unborn child carried by the surrogate in favor of the intended parents. A declaration will be prepared for the IVF physician to sign stating that they performed the embryo transfer and are certain that the child being carried is from the intended parents’ embryo. Other declarations will be signed by the intended parents, surrogate and her husband and the attorneys stating facts that show the contract was in compliance with California law, and that the child is the intended parents’ child. There will be several forms and pleadings prepared that also allow the parties to stipulate to an uncontested matter and allow the court to decide the parentage without a hearing.  4. Filing the Action  Once all the forms and pleadings are prepared, signed by the parties, the case is ready for filing. In some California counties, everything is filed all at once, and the intended parents pay for the filing fee of both their filing and the surrogate’s response. In a smaller number of counties, the intended parents’ paperwork is filed first, then once confirmation it is accepted, the surrogate’s paperwork is signed.   The next step is waiting for the court to review. Some courts will schedule a hearing and usually the parties are not required to appear, and then sign the judgment at the hearing date. Others will simply review the judgment usually in order that the case was filed. This typically takes a month though some counties are faster or slower than others.   5. What if the Baby Comes Early?  A month it typically takes for the court to grant the pre-birth order can be a long time, and sometimes babies are born earlier than expected. Not to fear, a competent attorney will be able to handle this, usually by filing an emergency hearing called an ex parte, to get the court to review the paperwork usually the next court day.   Conclusion  A pre-birth order issued by the court is necessary to establish the parentage of the intended parents and the child carried by the surrogate. As attorneys licensed in California, we are experienced and reliable in obtaining prebirth orders . Contact us   today for your surrogacy case.