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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.

Prince Harry and Meghan Markle, who catch the attention of the media and the public with their every single move, are no strangers to controversy. Yet, recently the British tabloids have started speculating on yet another potential aspect to this couple: surrogacy. Speculation has recently swirled about whether the Duke and Duchess of Sussex may have used a surrogate to carry and give birth to their children Prince Archie and Princess Lilbet, who are sixth and seventh in line for the British throne. Some critics argue Meghan should provide more proof that she gave birth.   First off, from our review, there is currently no evidence or admission that Harry and Meghan had a surrogate for either birth. It's possible these rumors are their critics looking for another reason to harass and doubt the couple for living independently in the United States and apart from the rest of the Royal Family. Surrogacy contracts  are normally governed by confidentiality clauses, so if Harry and Meghan did have a surrogate, their surrogate would likely be bound to not disclose the identity of who she carried for. In most states, the parentage action in which the court finds the intended parents are the parents, it would be sealed to the public. In a state like California, only one birth certificate is issued naming the intended parents as a child’s legal parents, while in some states, a birth certificate with the surrogate’s name will briefly exist before being sealed. Nonetheless, the scenario raises unique questions: why would it matter if a child born is born via surrogacy, if genetically the child of Harry and Meghan? What legal issue would arise under royal succession laws if a child was born by a surrogate as opposed by the Duchess herself?   Challenges to Conventions  Meghan Markle, as a biracial, American-born royal, has already challenged several conventions, from speaking openly about mental health to addressing racism within the royal institution. We would think that Meghan and Harry would not be reluctant to embrace surrogacy publicly just as they are willing to talk about other aspects of their life. No doubt, it would further their reputation as modernizers while igniting a cultural conversation about family-building alternatives.  Nonetheless, it is surprising to learn that the method of giving birth could matter for legitimacy. The line of succession to the British throne is governed by centuries-old traditions and legal frameworks, primarily the Act of Settlement (1701) and the Succession to the Crown Act (2013). These laws ensure a clear lineage, emphasizing legitimacy and birthright. Having said that, surrogacy introduces complexities that these statutes never anticipated.  Central to the legal debate is the Roman law principle of mater semper certa est —"the mother is always certain"—which underpins UK family law. This legal concept reinforces the surrogate's initial status as the mother, potentially complicating the royal child's claim to legitimacy. The Succession to the Crown Bill discusses the necessity for an heir to be the "offspring of both parties" in a royal marriage, raising questions about the legitimacy of children born via surrogacy. Interestingly, while the British royal family has yet to address surrogacy publicly, other royal families have faced similar challenges with modern reproductive methods. For instance:  Viscount and Lady Weymouth : Viscount and Lady Weymouth became the first members of the British aristocracy to have a child via surrogacy. This event has sparked conversations about the acceptance of surrogacy within the upper echelons of British society. Prince Gustav and Princess Carina of Sayn-Wittigensten:  These German royals welcomed their second child via surrogate via surrogate 11 months after the birth of their first child.   This couple overcame strict royal rules to get married before, which makes historian and royal house commentator Lars Hovbakke Sørensen thinks that such experience "can help to create more understanding around their decision about surrogate motherhood." These examples highlight that royalty worldwide navigates the delicate balance between tradition and modernity, with varying degrees of transparency.  The Legal and Cultural Debate  If Harry and Meghan were to announce the use of surrogacy, the implications would extend far beyond tabloid headlines.   Royal rights and privileges remain undecided for a child born via surrogacy. Legal experts suggest that a parental order, which transfers parental rights to the intended parents, might satisfy succession requirements. Nevertheless, this would likely require additional scrutiny or even new legal precedents.  Legal experts point out that the monarchy’s approach to succession has evolved over time to adapt to changing societal norms. One great example is the Succession to the Crown Act (2013) abolished male preference primogeniture, allowing female heirs to take precedence over younger male siblings. This reform demonstrates that royal laws can be flexible.   Culturally, surrogacy remains a polarizing topic. It has gained acceptance in many parts of the world, including the UK, but traditionalists often view it as incompatible with royal lineage. “The queen was this wonderful blank canvas,” says longtime royals expert Richard Fitzwilliams, on which Britons could project their own views and perceptions onto. 6  However, after the queen’s passing, royalties are facing challenges. The institution still enjoys a broad support, a recent  YouGov survey  shows that the rate has declined from 62% to 58%. 7  To maintain its popularity, even the monarchy must eventually reconcile its traditions with contemporary realities.   In the meantime, surrogacy needs increasingly grow in the UK. The number of parents having a baby using a surrogate in England and Wales has almost quadrupled in the last 10 years. Family Law Commissioner Professor Nick Hopkins commented: “The use of surrogacy to form a family has increased in recent years, but our decades-old laws are outdated and not fit for purpose.” All this evidence proves that reformation is urgently needed. As Lord Michael Jopling of the House of Lords of the United Kingdom mentioned: “Surrogacy is becoming much more common and it is not impossible that this could happen in the future……It is rather important that this should be clarified now because it could give rise to considerable difficulties in the future.” 10  Surrogacy, although once seem to disrupt the “ideal” image, it is now a topic that requires the royal family’s opinions.   Public Opinion and the Future of the Monarchy  While the story has yet to ignite without further evidence, this controversy also sheds light on perceptions of surrogacy in British society. In the UK, surrogacy arrangements are legal but heavily regulated. Public acceptance has grown, particularly among younger generations, but a stigma persists.   Public opinion will undoubtedly shape how the Royal Family approaches this issue. Surveys indicate a generational divide: younger Britons tend to support alternative family-building methods, while older generations remain more conservative. One poll  shows that 55% of respondents aged 18-24 and 50% of respondents aged 25-49 viewed surrogacy positively, compared to only 36% of those over 65. When it comes to the public’s perception, transparency could play a key role. A candid acknowledgment of surrogacy might help destigmatize the practice and align the royal family with modern values. Alternatively, silence or ambiguity might instead fuel further speculation and criticism.   If handled thoughtfully, the British monarchy could use this moment to demonstrate its relevance in a rapidly changing world. By embracing progressive values while respecting tradition, the royal family could reinforce its place as a unifying institution.   Conclusion: Tradition Meets Change  A possible surrogacy controversy surrounding Harry and Meghan reflects the evolving nature of family-building in the 21st century. While surrogacy raises complex legal and cultural questions, it also offers an opportunity for the British monarchy to demonstrate adaptability and inclusivity.   If a royal child were to be born via surrogacy, it would undoubtedly spark debates about legitimacy and succession. However, it could also set a powerful precedent, by challenging outdated norms and normalizing diverse paths to parenthood.   If there is a surrogacy birth in the Royal Family, the world will be watching. Whether through transparency, legal reform, or quiet acceptance, we hope the British Royal Family redefines what it means to be royal in an era of change.   Other References  https://timesofindia.indiatimes.com/life-style/relationships/love-sex/amid-divorce-rumours-prince-harry-meghan-markle-now-embroiled-in-surrogacy-controversy/articleshow/116961681.cms?utm_source=chatgpt.com   https://www.nuffieldbioethics.org/wp-content/uploads/Surrogacy-law-in-the-UK-ethical-considerations.pdf?utm_source=chatgpt.com   https://www.tatler.com/article/surrogacy-law-change-uk?utm_source=chatgpt.com   https://www.financeuncovered.org/stories/surrogacy-law-reform-law-commission-cafcass-low-cost-surrogates-new-life-baby-broker   https://www.nytimes.com/2025/01/22/world/europe/prince-harry-murdoch-lawsuit.html?unlocked_article_code=1.rE4.j5a9.wecDYt_l0p1V&smid=url-share

It’s widely understood that treatment for infertility such as IVF or artificial insemination and pregnancy expenses are deductible   medical expenses  under U.S. Code section 213. A question intended parents have asked us as their surrogacy lawyer, if infertility and pregnancy treatments are deductible, what about medical expenses or costs incurred in surrogacy or egg donation, as these are also treatments for infertility?   The 2021 Private Letter Ruling  The answer whether expenses for third party reproduction can be considered medical expenses and written off on an intended parents’ taxes appears to be “no.” This answer is based off on April 9, 2021   Private Letter Ruling  of the Internal Revenue Services (IRS) where a gay male couple requested a ruling to allow them to deduct for costs and fees related to medical expenses directly attributable to one or both of them, for egg retrieval from an egg donor, in vitro fertilization (“IVF”), with a surrogate, childbirth expenses attributable to the surrogate, medical insurance for the surrogate, legal and agency fees related to the egg donation and surrogacy, and any other medical expenses arising from the surrogacy.   The IRS in its Private Letter Ruling held that costs and fees related to egg donation, IVF procedures, and gestational surrogacy do not qualify as deductible medical expenses. The IRS stated that the costs and fees directly attributable to medical care for diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body of the taxpayer, the taxpayer’s spouse, or taxpayer’s dependent qualify as eligible medical expenses. However, expenses incurred on behalf of third parties (not the spouse or dependent), which occur during egg donation, the IVF procedures, and gestational surrogacy are not incurred for treatment of disease nor are they for the purpose of affecting any structure or function of taxpayers’ bodies.   Only the sperm retrieval and sperm freezing could be deductible since there were for medical care that was actually performed on one of the taxpayers' intended parents for the treatment of a disease. This ruling is in line with previous case law which found that only infertility treatments performed on the body of the person claiming a medical expense (and not a third party such as a donor or surrogate) fall under the definition of medical expense.   The 2025 Private Letter Ruling  On January 31, 2025, the IRS released a new   Private Letter Ruling , this time addressing the question whether a heterosexual married couple with a diagnosis similar to infertility could deduct third party reproduction expenses. The couple had an egg donor and a surrogate and requested a ruling to deduct the egg donor related costs, medical expenses of sperm retrieval, sperm freezing, IVF medical costs, surrogate medical insurance costs, childbirth expenses, legal and agency fees, and other medical expenses arising from surrogacy. The IRS noted that the use of assisted reproductive technology did not directly and literally affect the structure or function of the intended mother’s body but will instead affected the structure or function of the surrogate. It also held that medical expenses were not deductible as they do not meet the basic requirement of U.S. Code section 213(a)(1). Like the 2021 Private Letter Ruling, the IRS found that only the care directly attributable (i.e., sperm retrieval) to the taxpayers was subject to deduction under Section 213.   Conclusion   The rulings of the IRS make clear that it interprets the IRS tax code to require a taxpayer to show that the expenses qualify as “medical care” for the taxpayer or his or her spouse or dependent. Unfortunately, this decision seems to treat individuals suffering infertility differently. If a man and woman can have IVF expenses considered medical expenses, should it no longer be a qualified medical expense if the man or woman uses a donor gamete when they perform IVF? It should be noted that these private letter rulings are not precedential, the decisions only affect the parties requesting them, so the IRS could be asked in the future and have a different ruling. Likewise, a denial could be appealed to the tax court which might rule differently.   Read more about the deductibility of third party reproduction related expenses in our blog on egg donation expenses   here .  The outcome is strikingly different, and the latest 2025 ruling appears to contradict the ruling.   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.       This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

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

Like finding the right agency, finding the right  lawyer  for your surrogacy or egg or gamete donation contract can feel overwhelming. One way some people search for attorneys is to find the lowest price attorney. We discourage this method because the choice of your attorney requires research and consideration of factors other than just price. For surrogacy, a successful journey usually lasts a year or longer. In addition, having the parentage confirmed for the intended parents is one of the most important things that happen.   It’s also important to understand why ART attorneys’ rates vary and what are actual differences between lawyers.   I. Find a specialist in fertility law First, not all attorneys are specialists in the field. A non-specialist may charge less for their services, but you will lose out on possible expertise which matters when things don’t go as expected. An attorney in the practice of Assisted Reproductive Technology (ART) law should be part of many organizations to keep track of developments in the field of ART law. Tsong Law Group participates in many of these such as the American Bar Association ART Committee, ASRM, SEEDS. Ralph Tsong is also an ART fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption and ART Lawyers (ACAL).  These academies have high standards for admission.  Ralph's affiliation as an AAAA fellow requires at least 5 years of practice, 50 ART or adoption cases, and a rigorous ethical review by the AAAA Board of Trustees. ACAL requires 100 ART cases and approval from the general membership.  Ralph Tsong has also spoken on ART law topics at many of these organizations, including the ABA, SEEDS, ACAL.   II. Find a lawyer with years of experience Second, look at experience. Experience comes from years of practice. Ralph Tsong has been an attorney for 25 years, having first been licensed to practice in Illinois in 1999 after graduating from University of Chicago Law School, a top 3 law school. We have a multi-state practice with Ralph Tsong being licensed in California, Arizona and Washington state on top of Illinois, with his associate being licensed in Oklahoma and New York.   Attorneys are priced higher for their years of experience in the field. Years of experience in multiple fields also create a multi-layered practice. Ralph’s experience with employment law allows him to address employment issues such as paid or unpaid leave and job protection and trial experience means he won’t be out of his element in court. Years of experience also provide connections to other attorneys should other legal needs arise. Having experience in thousands of cases in many jurisdictions allows Ralph to lead a team at Tsong Law Group.   III. Read Reviews and look at awards   Finally, look for actual client reviews and feedback on platforms like Google and Yelp. Reviews provide insight how prior clients feel about working with a firm. This is important in the research process so you can know if a choice is a right fit. Firms with more reviews are often more reputable and well known. A positively reviewed firm will make the legal journey easy to comprehend and a smooth experience.   Tsong Law Group is one of the best reviewed law firms for fertility law with over 100 five-star reviews  and counting across our platforms. Many reviewers specifically tell us they will return for their next journey, and they do. We are never short of positive reviews because client satisfaction is so important to us. We value creating a bond with our clients during their journey where we work on their cases providing accessibility, transparency, and efficiency.    Also check for attorney awards and distinctions. Ralph has been selected as a Super Lawyer by Thomson Reuter in 2023, 2024 and 2025, and his associate Rainie is a Rising Star of Super Lawyers for the same period. Super Lawyers has a selective process that formally recognizes lawyers by factoring in peer evaluations and 12 indicators of professional achievement and is a distinction only 5% of lawyers have received.   Conclusion:   Selecting your surrogacy lawyer is a significant decision and shouldn’t be primarily a cost decision. We recommend you look at whether they are a certified specialist in the field, have the right background and experience, and have positive feedback and reviews from their clients. Contact TLG now  to explore these considerations further and discover how we can be a trusted guide on your unique journey. In addition, intended parents can sign up with Seedcoach  for free for financial guidance for the rest of their surrogacy journey.

As President Donald J. Trump  promised, he issued a slew of executive orders on his first day in office on January 20, 2025.  The one that potentially affects surrogacy is his executive order to restrict birthright citizenship which is titled “ Protecting the Meaning and Value of American Citizenship. ”    The Executive Order creates a policy that no department or agency will issue documents recognizing United States citizenship or accept state documents that would recognize United States citizenship to persons (1) where either the person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or permanent resident at the time of birth, or (2) where the person’s mother’s presence at the time of birth in the United States was lawful but temporary, and the person’s father was not a United States citizen or permanent resident at the time of the person’s birth.    This Order will apply to persons born 30 days from January 20, 2025 and shall not be construed to affect other individuals from obtaining documentation of their United States Citizenship.  What Does This Mean for Surrogacy with International Intended Parents?  The U.S. has long been a global leader in surrogacy due to its favorable legal framework, the laws of several states permitting surrogacy, and the ease of obtaining legal documents such as birth certificates for children born to American surrogates.   The Executive Order does not directly mention surrogacy. In fact, it specifically does not affect the citizenship of anyone who does not fall under the two specific situations. The first group of people excluded from citizenship are those where the mother is unlawfully present and the father is not a U.S. citizen or green card holder. This would not apply to international intended parents as neither would enter the U.S. unlawfully. The second category requires two things, both that the mother’s presence is temporary and the father is not a U.S. citizen or permanent resident.  It is unclear whether this applies to U.S. surrogate births in all situations.   The Reasoning of Trump’s Challenge on Birthright Citizenship and Why It is Unlikely to Succeed The Executive Order quotes the Fourteenth Amendment of the U.S. Constitution which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Trump interprets this Amendment to exclude birth citizenship to persons who are not “subject to the jurisdiction” of the United States and argues anyone who is not a permanent resident or citizen is not subject to the jurisdiction of the United States. However, a historic Supreme Court decision established birthright citizenship in 1898.  United States v. Wong Kim Ark, 169 U.S. 649   (1898)  found that a Chinese man born in San Francisco to parents who were at the time both Chinese citizens permanently living in the United States, could not be denied citizenship even though a law at the time, the Chinese Exclusion Act, prevented Chinese from becoming U.S. citizens. The Trump administration reads this case as requiring permanent residence in the United States, when the legal status of permanent residency did not exist until the Alien Registration Act was passed in 1940.    Thus, legal experts predict that any attempt to alter birthright citizenship will likely face lengthy court battles. The possibility of the order ever taking effect in thirty days is unlikely.    The procedure is likely to be as follows: (1) In the thirty-day period before this Executive Order takes effect, it will be challenged by immigrant rights and civil liberties groups in the United States in federal court. In fact, as of the time of this writin g, eighteen states, the ACLU and other groups have already filed a lawsuit . (2) The plaintiffs will request the judge hearing the to issue an injunction, or a stop, to enforcement of the order nationwide until they have heard the arguments and make a decision. An injunction of the Executive Order is likely under the standard which requires (i) a likelihood of success on the merits; (ii) a likelihood of irreparable harm; and a (iii) balance of equities and hardships in favor of the moving party; and (iv) the preliminary injunction is in the public interest.  (3) It will then take months before a trial takes place. We expect that the trial will find the Executive Order is unconstitutional based on the precedent of United States v. Wong Kim Ark.  (4) The injunction or denial of the injunction will then be appealed to a federal appeals court, and eventually the Supreme Court. Each appeal on the injunction could take about a month, Should the injunction stay in place, the case will take more than two years to be resolved, first with a lower court decision after a trial, then after the federal appeals court rules, and finally, with the Supreme Court ruling.     Even in the worst case scenario where the executive order is not enjoined and the USCIS denies citizenship documents to international intended parents, there are alternative ways to establish the child’s citizenship. These include applying for citizenship in one’s home country or applying for special statuses that allow travel without a passport. While these processes may require additional steps, they are manageable with the help of experienced legal professionals.     Opportunities for Growth and Collaboration    The surrogacy industry in the U.S. is resilient and resourceful. In fact, surrogacy continues to expand in the U.S., as Michigan will join states in which surrogacy is legal this year.     While restrictive policies could prompt some families to explore options in other countries, the U.S. remains a preferred destination for its exceptional legal clarity, the shorter wait times, and modern healthcare. By engaging with policymakers and advocating for inclusive family-building policies, industry professionals can help maintain the U.S.’s position as a global leader in surrogacy.    Moreover,  while international intended parents may fear chaos will erupt during the Trump administration restricts immigration, as a surrogacy law firm that experienced the COVID-19 outbreak, we have successfully navigated a crisis that caused the shutdown of courts, passport agencies, and a travel ban for intended parents with a positive outcome for all of our clients.     Advocacy groups and agencies are prepared for whatever the next Trump administration will bring up, working proactively to ensure that families' rights and needs are protected in the future.    Conclusion: Preparing for a Bright Future    The Executive Order was not written with surrogacy situations in mind and there are arguments that the Executive Order does not apply to international intended parents using surrogacy.     In addition, the legal foundations of birthright citizenship, supported by the U.S. Constitution, are likely to survive this Executive Order.  Note that the situation is subject to change, and we will update the blog when there is new information or guidance.    The attorneys of Tsong Law Group have over 30 years of combined legal experience and are licensed in six states. If you choose  Tsong Law Group , we will provide assistance with documents to help with an exemption from Trump’s Executive Order and have solutions for any legal issues that arise, so you can focus on your family building.   Updates:   On January 23, 2025, Senior U.S. District Judge John Coughenour in Seattle granted a temporary injunction blocking the Executive Order nationwide from coming into effect for at least 14 days while the case is argued.  This is the lawsuit by various states including Washington.  On February 5, 2025, U.S. District Judge Deborah Boardman in Maryland granted a preliminary injunction on the Executive Order nationwide, stating it "contradicts 125 year-old binding Supreme Court precedent and runs counter to the country's 250 years history of citizenship by birth." A preliminary injunction is longer than a temporary injunction and stays in effect until the case decided by the court, or it may be appealed to the Court of Appeals.

Pregnancy and childbirth can require a surrogate to take time off work, and that is why gestational surrogacy contracts provide for lost wages for the gestational carrier, so that she doesn’t suffer personal losses for undergoing the journey. Typically, lost wages under a surrogacy contract will up to extend 4-8 weeks beyond a birth. This can be very expensive for the intended parents, but fortunately in California (among a few other states ) provides state disability insurance (SDI) for qualified employees. The SDI program provides partial wage replacement benefits to eligible California workers who are unable to work due to a non-work-related illness, injury, or pregnancy. SDI contributions are paid by California workers through employee payroll deductions. If you are planning to be a surrogate and are employed in California, you should learn about SDI benefits. SDI will pay about 60 to 70 percent (depending on income) of your average daily wage in the highest quarter 5 to 18 months before the claim start date. Further, surrogates can receive SDI for four weeks before delivery without any complications, or earlier if there are complications, and up to six weeks after delivery or 8 weeks after a delivery with complications or a c-section. To qualify, a surrogate must have earned at least $300 in wages that are subject to SDI deductions (“CASDI” on your paystubs) during the 12-month period prior to their claim. You can apply for benefits online at the website www.edd.ca.gov . The first step is to gather the required information. You must provide: a Valid California Driver License (CDL) or identification card number; your full legal name, date of birth and social security number; your current employer’s business name, phone number, and mailing address (as stated on your W-2 or paystub); the last date you worked your normal or usual duties (or the date you began working less than full or modified duty). The second step is register and create an account. To register for SDI Online, you must create a Benefit Programs Online (BPO) Account through this link: https://portal.edd.ca.gov/WebApp/Registration. When you log in to BPO, select SDI Online. Then, you will be directed to your SDI Online Registration Options. The third step is to file your claim online. To do this, you must log in to your BPO account, select SDI Online, select New Claim, select Disability Insurance and follow the steps in each section, submit the completed Part A – Claimant’s Statement, and copy and save your receipt number. You must provide this number to your licensed health professional. The last step is to get your treating health professional to complete the Medical Certification. After your claim has been received, your licensed health professional can find your claim in SDI Online using your form receipt number. They must submit the certification no later than 30 days after your disability begins or you may lose your benefits. It is recommended that you talk to your health professional about their process for submitting a DI claim. Your claim will not be processed until the state receives both your part and the medical certification. Do not submit the same claim more than once as this will delay your claim. Once your licensed health professional submits your medical certification to the government, you have successfully filed your DI claim. The California Employment Development Department (EDD) will contact you with the status of your claim, usually within 14 days. Your employer will be notified that you have submitted a DI claim. However, medical information is confidential and will not be shared with your employer. EDD will issue payments in one of two ways. Either electronic payment via a debit card; or an EDD check 7 to 10 days for delivery by mail. Payments will be retroactive to the eligibility date. A properly drafted surrogacy agreement will require a surrogate to apply for disability payments once they are eligible, and not doing so will be a breach of the agreement. Intended Parents will pay the difference in lost wages that are not covered by the Disability Insurance, so there is no loss to the surrogate for applying for disability benefits. Any payments already made by Intended Parents that end up covered by SDI will be credited to the Intended Parents. Note that SDI does not provide any job protection, only monetary benefits; however, a surrogate’s leave during pregnancy may be protected through other federal or state laws such as the Family and Medical Leave Act (FMLA), the California Pregnancy Discrimination Act or the California Family Rights Act (CFRA). Note that you may collect SDI if you are using your paid vacation time, but not if you have fully paid sick leave. Conclusion: SDI is a benefit to surrogates that helps with the financial burdens of losing work due to work restrictions during pregnancy or after child birth. It is a huge benefit to intended parents by reducing their surrogate’s lost wages by up to 70% what they otherwise would have had to pay out. Working surrogates who live in states like California which pay disability benefits during pregnancy and child birth are attractive candidates to intended parents because state disability insurance reduces the cost of their journey, and being eligible for SDI might allow for a higher base compensation. California surrogates are eligible for benefits when they receive a doctor’s order and have been off work for at least seven days. If you have questions more questions about SDI, contact a surrogacy lawyer now. Update: as of 1/1/2025, California increased the amounts paid from 60-70% for disability and paid family leave to 90% for employees earning less than $63,000 and 70% for higher earners. Read our article here . This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

Right after a successful surrogacy journey, intended parents can look forward to bringing home their newborn child. The first days at home are important for bonding between parent and child and intended parents deserve to take time off from work. But the question is, how does one get the time? If you are an intended parent, you might be wondering if you can get paid parental leave for your child born through surrogacy. If you are living in California, the answer is yes, parents of a child born by surrogate have the ability to take paid time off. In this article, we will be discussing some important information you need to know about the Paid Family Leave (PFL) in California. In California, to be eligible for PFL, parents must welcome a new child into the family in the past 12 months, must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld in the last 12 months, must be currently employed, and must have not taken more than eight weeks of PFL in the past 12 months. A claim for paid family leave may not be submitted earlier than the first day the family leave begins and no later than 41 days after the family leave began. Intended parents submit a Certification for Paid Family Leave (PFL) Benefits (Form DE 2501C) and proof of relationship on family bonding claims (e.g., a copy of the child’s birth certificate or a court judgment). The easiest way to have your claim processed is to submit your completed forms electronically in SDI Online as an attachment. To submit electronically, create an SDI Online account at the EDD website. Select New Claim from the menu, and select Submit Electronic Paid Family Leave Care Attachment. Once EDD determines eligibility, intended parents can receive benefit payments for up to eight weeks in a year. The leave does not need to be taken all at once, and it can be taken with employer paid sick leave, but the total payment is not to exceed 100% of your wages. PFL payments are about 60 to 70 percent of the average weekly wages earned five to 18 months before their claim start date. Conclusion Thirteen states including California currently have laws on the books granting paid family leave for bonding with a new child, whether the child is born from a surrogate pregnancy, is a placement due to adoption, or is the result of a natural birth. Are you embarking on a surrogacy journey and have questions for a lawyer? Please contact us and schedule a consultation. Update: as of 1/1/2025, California increased the amounts paid from 60-70% for disability and paid family leave to 90% for employees earning less than $63,000 and 70% for higher earners. Read our article here . This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

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.

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.