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

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

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

Released on October 8, 2024, a new book called Save Money on Surrogacy: How to Save $100,000+ on Surrogacy in the United States   by Yifat Shaltiel, Esq. shares surrogacy industry secrets and hacks to make your surrogacy journey more affordable. Yifat Shaltiel, a surrogacy lawyer and agency owner of Surrogate Steps, wrote her book to act as an informational guide to help others grow their families while saving as much money as possible so that more families can access surrogacy and advanced reproductive technology.  Book Review: Yifat Shaltiel’s book is a roadmap to navigate a surrogacy journey  without breaking the bank. Previous guides we have seen  focus on the basic steps of the surrogacy journey, whereas this book shares how to save money at each step. Shaltiel does an incredible job of blending legal expertise with practical advice, making it a valuable resource for anyone considering surrogacy to grow their family.  The book is especially helpful in breaking down the many ways a surrogacy journey can differ. She answers a common question “how much is a surrogacy journey” by emphasizing that there are many factors that can impact cost. For instance, she explains the option of paying for an agency’s matching services or going without one to save costs. The pros and cons are laid out clearly: while skipping an agency can save money, it also means you’re responsible for more of the planning, which takes time and effort. The same goes for fertility clinics—Shaltiel offers excellent advice on what to look for and how to verify statistics, which can make a big difference in both costs and results.    Surrogates are compensated a base amount on top of out of pocket fees, lost wages due to traveling for medical appointments, and possibly travel costs if they have to fly to attend appointments. Shaltiel shares that regardless of where IPs are located, the location of the surrogate affects the total cost of the surrogacy journey. It is helpful to understand which states have higher surrogate base compensation when you are in the process of working with an agency or proceeding with an independent journey to select a surrogate. Base compensation can vary significantly between states but it is not always determined by cost of living. This chapter in the book can help IPs narrow down the states when they are searching for a surrogate match.  Some journeys can be altruistic where the surrogate is not getting compensated by the intended parents (IPs). The total cost of a surrogacy journey can decrease significantly if the surrogate is not being compensated, like a family member volunteering to be a surrogate. An altruistic surrogacy journey will significantly reduce the costs since there is no base compensation.  Another important area the book covers is health insurance options for IPs if their surrogate does not have surrogacy-friendly insurance. Insurance is important to cover any medical costs or unexpected complications. She compares multiple scenarios with different insurance options so that readers can decide what is best for their situation.  Real-life experiences, like those shared by a couple who had two successful surrogacy journeys with Shaltiel’s agency Surrogate Steps , show how Shaltiel’s recommendations worked for them. They were able to cut costs in ways they had not expected, which makes this book a must-read for anyone considering surrogacy and who is looking for helpful tips affording the process. Save Money on Surrogacy is filled with insider knowledge and advice that can make the difference between a costly journey and one that is more affordable and manageable. Conclusion:   These are just a few key points that make this guide stand out but Save Money on Surrogacy  has many more points to reveal to the reader. Shaltiel has taken her experience and personal journey and transformed it into a guide that offers practical, money-saving tips for every step of the process.  For further reading on ways to save money on your surrogacy journey, check out our articles on Seedcoach, our financial coaching program, our blog on surrogacy grants , and using employee benefits  like legal insurance  for your IVF journey. We at Tsong Law Group are here to assist you with the legal needs of your surrogacy journey. Our surrogacy attorneys, licensed in California, Washington, New York, Arizona, Illinois, and Oklahoma are ready to support you every step of the way. Contact us now to get started.

The 2024 presidential election was a pivotal event for the U.S., with former President Donald J. Trump winning back the White House as the 47th President and likely also gaining control of Congress with a conservative majority in the Supreme Court. Trump’s administration is likely to result in many changes to the United States at all levels.  We will focus only on the changes we expect in key areas like healthcare, immigration, and reproductive rights and IVF, all of which can potentially affect intended parents in their surrogacy or fertility journeys.  Here are some changes that the Trump administration may bring to the American legal system.  Healthcare: In the world of surrogacy, the Affordable Care Act (“ACA”) , which passed in 2010, has been helpful for intended parents and surrogates as open enrollment has allowed intended parents to choose surrogacy friendly policies for their surrogates, while the ACA also requires insurers to cover preexisting conditions, which include pregnancy.  The Trump administration has not stated it will repeal ACA or coverage for preexisting conditions, one of the most popular features of the ACA. However, the campaign sought to “offer more choices” by allowing insurers to create “risk pools,” which lets them raise insurance premiums for groups deemed risky. Different risk pools would likely include surrogates or pregnant women, potentially causing a sharp increase in insurance premiums for pregnant surrogates. Some surrogates might lose access to affordable insurance coverage. Should this change happen, which we rate as likely, the intended parents will likely face higher insurance costs for surrogates who do not have surrogacy friendly insurance.  Immigration: One of the biggest promises of the Trump campaign has been cracking down on immigration. For international intended parents, Trump threatens to issue an executive order on day 1 which will order agencies to deny citizenship to babies born in the US if no parent has a green card or is a citizen. Some international intended parents Trump previously made this threat during his first administration. In our opinion, while it is likely to occur, it is not likely to survive a court challenge. The Supreme Court ruled in United States v. Wong Kim Ark   back in 1898 that birth right citizenship applied to children born in the United States and an act of Congress could not prohibit a child born by foreigners in the US from becoming a citizen. An executive order by Trump would have less authority than an act of Congress, so we rate it is as unlikely to have an impact. Furthermore, Trump campaigned on mass deportations of undocumented immigrants and removing temporary status from some immigrants. This is not likely to affect intended parents, but intended parents should know the immigration status of their surrogates. Intended parents should not choose surrogates who do not have legal status in the United States, or who may have tenuous status (asylum), and definitely avoid surrogates who have only temporary status or promise to come to the US to give birth.  LGBTQ Parentage: Same-sex couples considering surrogacy may worry what impact a Trump administration or Project 2025 will have on their journey. While protections in areas of employment and education are likely targets, it is less clear what will happen with respect to parentage for LGBTQ couples.  It is advisable to secure extra legal documentation to recognize parental rights and not rely on only a birth certificate. For LGBTQ parents, obtaining a judgment or confirmatory adoption can ensure their rights as parents will survive future laws or decisions. In surrogacy journeys, this is normally done, but in most gamete donation cases, there is no judgment. Talk to your lawyer about if you are an LGBTQ parent without a parentage judgment or adoption order. IVF and Embryo Status: During his campaign, Trump offered to make IVF free to Americans with little detail on who would qualify, how it would be paid, or what services would be covered. At this point, this does not appear likely to be implemented. Earlier this year, Congress introduced a bill to establish a federal “Right to IVF,” which would protect individuals’ rights to decide disposition of their genetic material, but it failed to reach a vote in the Senate. With both the legislative and executive branches likely controlled by the Republican party, this bill has no hope of advancing. On the other hand, conservative groups who supported Trump such as the Heritage Foundation, support more regulations on the IVF industry and view the destruction of embryos as incompatible with their pro-life beliefs. As Trump has promised not to sign a federal abortion ban, changes may occur mostly at the state level, as courts interpret laws that define life beginning at conception with no exception for IVF.  Intended parents might wish to reconsider where they store their embryos, potentially moving embryos to states that do not have laws that treat embryos as persons.  Conclusion: In conclusion, this election will have many consequences, but the consequences for those pursuing third party reproductive journeys will not be immediate for most. A Trump executive order on birthright citizenship appears to be the most likely to have an immediate impact but it is also likely to be suspended while it is challenged in court. We will have specific advice for international intended parents if it is not immediately suspended.  If you are considering surrogacy as intended parents , or a potential surrogate , consulting with a surrogacy lawyer  is a good place to start. Especially in light of these potential new policies and a shift in leadership, the parties need an attorney who is resourceful and well-versed in the law. As Fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to the practice of surrogacy law. Our award-winning lawyers are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona. For a free consultation in ART law, contact us now .

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

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

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

If you are a surrogate, you might have wondered, "What if my intended parents no longer want the baby?" Once the surrogate is pregnant, the surrogacy agreement cannot be terminated while she remains pregnant, unless an incurable material breach were to occur where the surrogate is genetic related of the child.     Worst Case Scenarios: Intended Parents Backing Out      Intended parents who enter the surrogacy agreement as a couple can get divorced or separate  and then might no longer want the child they intended to raise together. What happens then? Will the surrogate have to be a parent? Our surrogacy contracts make sure to include a section for this scenario. Both parties prior to the embryo transfer will sign the agreement stating the intended parents both will remain parents of the child and the intended parents or an applicable court of law will determine who has custody.  This situation happened in a famous California case, In re Marriage of Buzzanca.   In Buzzanca, a donated embryo was implanted in the surrogate, the parents then divorced, and the intended father wanted to be found to be not the father. The surrogate also requested that she not be the mother. The court found that both intended parents were the parents because the child was procreated and born as a result of the medical procedure they consented to. Indeed, the court found that the intended father was the father even if the intended mother would assume full custody of the child.    What if there is a medical issue with the fetus and the intended parents do not want the child?  Again, the surrogacy agreement as well as state law will speak to what happens regarding whether intended parents can make a decision to terminate the pregnancy and when. In general, regardless of this provision and regardless of birth defects or abnormalities, the intended parents are still required by the surrogacy agreement to complete a parentage action and be adjudged the legal parents.     What if the intended parents run out of money in the middle of the pregnancy or stop payments contrary to the surrogacy agreement because they don’t want the child? This is a possibility in cases without an independent escrow company and why we urge the surrogate to ensure there is an independent and adequately funded escrow account in place. In some states like California, Illinois, and New York,  this is actually required by law, especially if there is an agency involved. As long as there is an escrow account in place that is sufficiently funded and the surrogate is not in breach of the agreement, the escrow holder should continue to make payments, even if the intended parents wish to stop the payments.     Another worst scenario would be if the intended parents disappear or pass away after the pregnancy.  In this situation, no parentage action would be filed by the intended parents. With respect to death or disability, our surrogacy contracts include an alternative guardian that the intended parents pick out during the negotiation phase and specify they should designate someone in their will to be a guardian. If the intended parents do not file a parentage action, the surrogate can file a parentage action herself and get a judgment that the intended parents are the parents.     One of the keys to every surrogacy arrangement is the gestational surrogacy agreement , a legal contract that clearly outlines and lists the responsibilities of both the intended parents and the surrogate. While the agreement is usually drafted by intended parents and might seem to favor them, the surrogate should have a separate attorney who will represent her vigorously to make sure not only that the contract is fair and what is expected and ensure that in no worst case scenario will intended parents be able to avoid a judgment of parentage. The surrogacy agreement should have a provision that the surrogate’s attorney can seek a parentage judgment if the intended parents do not do so timely and the surrogate’s attorney should be experienced enough to obtain a parentage judgment in the state with or without intended parents' cooperation.     Even if the surrogate breaches the agreement, the intended parents will still be legally responsible for taking custody of the child after its birth, so long as the surrogate is not the biological mother of the baby. While the surrogate may no longer get paid or may be responsible for damages from breach, the intended parents’ responsibility for the child remains intact.     If, after the parentage judgment is granted, the intended parents still do not wish to be the parents of their child, they can place the child for adoption. This is the legal way for intended parents to not be responsible for the child that is born. There are many prospective adoptive parents who would be interested in the adoption of a newborn, even one with disabilities or birth defects. If the intended parents do not pick up the child, the child will be taken by the state or county and placed into foster care.     We have written on the worst case scenario  of the surrogate not wanting to give the baby to intended parents. The results for the surrogate’s worst case scenario of being left with the baby is the same as the one for the intended parents. The worst case scenarios are rare and unlikely to happen, however, whether you are an intended parent or surrogate, you should choose counsel who is capable and experienced enough to navigate the situation and can ensure the surrogacy agreement addresses each scenario. The surrogacy lawyers at Tsong Law Group are capable of doing so. Licensed in California, New York, Arizona, Illinois, Washington and Oklahoma and with over 100 five star reviews on all reviewing platforms we are capable attorneys for your surrogacy journey. Contact us now.

Building a family can be an emotional and financial challenge . Surrogacy and in vitro fertilization (IVF) are valuable options for individuals and couples but the process can be expensive and complicated, so that’s where employer benefits come into play. By covering some of these costs as well as adoption costs, companies can make a huge difference for their employees. More and more companies are providing support for their employees’ family-building journeys. Among them are major players like Meta, Microsoft, Google, Walmart, and Starbucks. These companies are not just offering competitive salaries and healthcare benefits—they’re also providing support for surrogacy  and IVF. As the cost for pursuing surrogacy and IVF treatment increases, here’s a closer look at what these benefits mean and why they’re a big deal. What Do These Benefits Include? Financial Support . Many companies offer financial assistance for surrogacy and IVF procedures. This can include coverage for medical costs, medication, and other related expenses. For instance, Meta currently provides substantial financial aid to employees undergoing IVF treatments, covering a significant portion of the costs. Legal Insurance . Many companies also offer legal insurance, which has the benefit of offering discounts or covering legal fees for family building. A surrogacy or egg donation journey requires lawyers to draft or review their contract, and surrogacy cases will require parentage actions, so having legal insurance can eliminate this expense. Read more about legal insurance here.   Paid Time Off .  IVF and surrogacy can require multiple appointments and procedures. Companies like Microsoft offer paid leave specifically for employees going through IVF. This ensures that employees don’t have to choose between their treatment and their job. Counseling and Support Services . Emotional support is crucial during surrogacy and IVF. Companies such as Walmart provide access to counseling and support services to help employees navigate the emotional aspects of these journeys. Flexible Work Arrangements . Some companies like Starbucks understand that treatments and appointments can disrupt normal work schedules. To accommodate this, they offer flexible working hours and remote work options, helping employees balance their work and personal lives. More companies are leading the way in supporting their employees' family-building dreams by offering surrogacy benefits. These trailblazing companies go beyond standard healthcare benefits to provide financial support, paid leave, emotional counseling, and flexible work arrangements. According to the International Foundation of Employee Benefit plans, 40% of U.S. employers offer some form of fertility coverage. For example in 2024:   NVIDIA  (partnered with WINFertility) offers 100% surrogacy coverage, setting a new standard in the industry. Estee Lauder  provides up to $150,000 in surrogacy benefits. Snap Inc.  offers $80,000, and Netflix  (partnered Carrot Fertility) offers $90,000 per family, where both the employee and the employee’s spouse utilize the benefits. Walmart  (partnered with Kindbody) offers fertility and family-building care of up to $20,000.  Bain & Company (Fertifa)  , Bank of America (Progyny)  , The Boston Consulting Group (Progyny) , Tesla (Kindbody) , and  Chanel  all offer unlimited access to IVF treatments. KKR  (IVI RMA) , Pyramid Hotel Group, and  Spotify (Carrot Fertility) offer unlimited benefits for fertility treatments Companies like  Zillow  (Progyny) and Chobani  are starting to offer paid leave for non delivering parents following adoptions. Meta (Progyny) , Pinterest, Conair, and  the University of Maryland  (WINFertility) all offer $100,000 of coverage in fertility treatments.  Salesforce (Carrot Fertility) , Google (Carrot Fertility) , Linkedin (Progyny) , News Corporation, Disney (WINFertility, eligible full time and part time) , Morgan Stanley (Ovation Fertility) ,  and  Unilever  offer up to $75,000 in fertility benefits. This level of commitment shows that these companies value employee well-being and are dedicated to creating inclusive workplaces. If you’re curious about your company’s benefits, start by checking your employee handbook or contacting your HR department. They can provide detailed information on what’s covered and how to access these benefits.  Some people look for jobs, including part time jobs, for their IVF or third party reproduction benefits. Companies that offer fertility benefits to part time employees include Starbucks, Amazon, Walmart, Disney, and Tractor Supply Company.  Conclusion More and more companies are supporting employees by offering employee benefits that include coverage for surrogacy, IVF or adoption. If you’re considering surrogacy or IVF, a job that has these benefits will be an attractive feature. If you’re an employer, following these industry leaders by working with one of their fertility benefit partner companies could show your commitment to your employees’ well-being. Need help with surrogacy, adoption, or egg donation? At Tsong Law Group, our team of experienced lawyers is here to guide you. We’re licensed in California, Washington, New York, Arizona, Illinois, and Oklahoma, and we’re committed to making the legal process as clear and supportive as possible. Reach out to us today   to see how we can assist you through every step of your journey.