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- Egg Donor Insurance Coverage and Out-of-Pocket Medical Expenses
Egg donation is a process wh ere a woman donates her eggs (oocytes) to help someone else conceive a child. The medical procedures are usually smooth, but sometimes medical complications can arise, which leads to the question of who pays for unexpected medical expenses of the donor. This is where egg donor insurance, sometimes referred to as an Oocyte Donor Insurance Policy or ODIP, comes into play. In this blog, we discuss what ODIP is, what it covers, and when it should be purchased, as well what caps on out-of-pocket medical expenses. What Does ODIP Cover? An ODIP covers any complication that may stem from undergoing the egg donation procedure. This includes infections, lesions, overstimulation, adverse medication reactions, and any complication whereby the donor would need treatment at an emergency room, urgent care, or doctor's office. ODIP is strictly for egg donation complications. ODIP does not cover routine aspects of the egg donation process such as monitoring, retrieval procedures, or medication costs. These routine expenses are typically paid for by the intended parents directly. ODIP is there to step in if something goes wrong medically after the donation. Why Do IPs Buy ODIP? The fact that there is a specialized and affordable insurance that covers egg donation complications is a big benefit for egg donors and intended parents (“IPs”), especially when general medical insurance policies can only be obtained certain times of the year and may be more expensive. The purpose of having an ODIP is to cover any medical complications that might arise during the egg donation process and allow intended parents to limit their out-of-pocket exposure. While most egg donations proceed without issues, complications may occur, and these can lead to unexpected medical bills. By having ODIP, IPs can ensure that these potential costs are covered for the egg donor. Even if the donor has her own medical insurance, it's common for IPs to purchase an ODIP policy. There are a couple reasons: (1) The parties do not need to worry about whether the private insurance will cover egg donation complications. The ODIP can be the first insurance to cover any medical expenses; (2) Private insurance may take a long time to process a claim, leaving the donor with the medical expenses months later, long after the escrow account has closed and it may be difficult to make the intended parents pay the bills. Having ODIP ensures that any potential complications during the egg donation process are covered regardless of the private insurance. How Long Does ODIP Cover For? The policy is good for four months OR one cycle of medication. If a new cycle of medication needs to be administered, then a new policy must be purchased even if it is in that four-month coverage period. This is due to a claim needing to be traced back to a medication cycle. When is ODIP Typically Purchased? ODIP insurance should be purchased at least 3-5 business days prior to the medication start date. If a start date isn't known, but a policy must be put in place, you may enter in a tentative start date and when a proper start date becomes clear, you may adjust the date if medication has not been administered. This ensures that the donor is protected from the start, and any potential complications can be addressed promptly without financial stress. IPs often coordinate with their fertility clinic or agency to arrange this coverage ahead of time. What Out-of-Pocket Expenses Could IP Be Responsible For? ODIP policies have typically covered up to $250,000 for medical complications arising from the egg donation process. Egg donation contracts with ODIP provisions will have a limit to the out-of-pocket intended parents are responsible for. This limit ensures that even if complications occur, IPs are only responsible for a predetermined amount of medical expenses beyond what ODIP covers. The exact limit will depend on what the two sides and their attorneys agree to. The Intended Parents should speak with their agency or broker about what expenses could fall outside of the policy. While it is unlikely that there will be medical expenses outside of ODIP, Intended Parents will benefit by having a monetary limit on potential medical expenses in the egg donation agreement and know they will not be responsible beyond the limit. Conclusion In conclusion, having an ODIP is a good idea and offers protection for both the donor and IPs in the egg donation process. To purchase an ODIP or learn more about the plans, contact an insurance broker that specializes in third party reproduction. Your agency or lawyer can refer you to a company that offers these plans. They may be surprisingly affordable given the amount of coverage. If you have questions or need assistance with drafting or reviewing an egg donation agreement, contact us now.
- Worst Case Scenario: Problems with your Escrow Company
An escrow company is a neutral third party that manages funds for two or more parties. In the world of third-party reproduction, an escrow company will manage funds deposited by intended parents which will be set aside to compensate the surrogate or donor and reimburse them for expenses on the journey. Sometimes instead of escrow companies, attorneys’ trust accounts are used to store the funds. Some states such as California and New York surrogacy laws require funds to be held in a licensed and bonded escrow company or in an attorney trust fund. The exact compensation terms will be outlined clearly in the surrogacy agreement. The surrogacy agreement will also state how much should be deposited in the escrow account, what the minimum balance is, and how long the escrow account has to stay open, and when payments must be made to the surrogate. Recently, many intended parents have a legitimate fear that the escrow company of their choice may not fulfill its duties. What if the escrow company’s accounts are frozen, the owner or employee stops responding, or worse, appears to disappear with the money, what should you do? The best way to avoid issues with your escrow company is prevention and doing sufficient research before choosing an escrow company. You should consider many factors when choosing a reputable escrow company. First, experience of an escrow company team is important because they will know how to handle any issues. A successful escrow team should consist of experts in surrogacy banking, CPA (certified public accountants), and licensed attorneys. Along with experience, you can read client reviews of their experience using the company or ask your attorney for a referral. Next, a factor to consider is the structure and practices in place. Multi-level security and approvals must be in place for any money to be released from the client’s escrow account. These checks and balances ensure that no single person can commit theft and help significantly reduce potential errors. You can ask whether they have a system that allows for internal checks and balances. This will allow for all levels of management to be watched and prevent potential issues from escalating into larger problems. Lastly, the escrow company should have insurance and bonding that can cover any potential losses financially. It provides a safety net not only for the company but for your funds. The insurance should cover any potential threats of cyber-attacks or errors made. Be sure to ask for a copy of the bond policy. You can verify whether the bond exists by requesting the policy declaration and calling the bond company. If you do find yourself in a situation where the escrow company’s account is frozen and payments are not made, and you fear the money is gone here are some steps you can take. Keep in mind the steps can be taken in a different order and multiple steps at the same time. Immediately attempt to reach your contacts at the escrow company for answers. Verify with the surrogate or donor if payments were received or not. Ask her to take a screen shot of recent deposits to show that the deposit did not occur. Screen shot your balance and page, as well as deposit and disbursement history. This will be needed later for proof of what your deposits and the balance you are entitled to, especially if the portal becomes inaccessible. If you suspect any attempts of fraud and cannot get in touch with your account manager, you can contact the bank where the escrow account is located and inform the account manager you are a beneficiary of the escrow account. Escrow accounts are special accounts at the bank, and the account manager should be able to answer your questions as to the balance of the account and whether it is frozen. If you cannot get through or explain the problem, then ask your attorney for assistance. Either you or your attorney can also request the account be frozen if you believe fraudulent transactions have taken place or are about to take place. You can also provide proof of screen shots of funds not received by your surrogate. If you believe you are a victim, immediately report it to the authorities such as the local police, the FBI, and the FDIC. You should also contact the bond company that has a bond to file a claim. You can also contact your bank to attempt to stop any recent wires or ACH transfers There are other steps such as contacting your agency, finding other intended parents who are in the same situation, and reaching out to your elected officials, news media, and anyone who can help escalate the issue. In the end, a lawsuit may be necessary to get your funds back, and a plaintiff’s attorney will be knowledgeable about the proper parties to sue for a recovery. Keep in mind you will continue to have obligations under the surrogacy contract to pay. You may have to speak with your attorney about what to do if you are not able to pay the surrogate’s monthly compensation. Steps such as amending the surrogacy agreement to allow more time to make payments should be considered. Conclusion An escrow company are supposed to provide the parties peace of mind that the surrogacy journey is adequately funded. While in the history of surrogacy, escrow companies for years have been safe, unfortunately the risk of fraud or theft exists. It’s best to research your escrow company to minimize risk, and keep in mind that escrow or a trust account will be the best course of action from the surrogate’s perspective. If issues arise, gather evidence to demonstrate the amount of money is at risk. Having an attorney who is responsive when trouble arises in the surrogacy process is priceless. Tsong Law Group has a strong reputation of responsiveness when their clients are in need. Contact us today if you are begining your journey.
- How do I get a PBO in Oklahoma?
Embarking on the surrogacy journey in Oklahoma brings both excitement and legal considerations for intended parents. Among these considerations, obtaining a pre-birth order stands as a crucial step in securing parental rights. Under Oklahoma's Uniform Parentage Act, a pre-birth order will ensure that intended parents are legally recognized as the child's parents from birth, simplifying the process and avoiding potential legal hurdles. This guide aims to explain the process of a pre-birth order in Oklahoma that will be drafted and filed by an attorney. For starters, it's essential that both intended parents are legally married. Unmarried couples are ineligible but single intended parents are eligible for surrogacy in Oklahoma. Another major difference, unlike most states, the surrogacy agreement must be validated by an Oklahoma court prior to the embryo transfer. Here's a breakdown of the step-by-step process for obtaining a pre-birth order in the state of Oklahoma: Gather Required Information: Collect personal details from the gestational carrier and her spouse, including date of birth, contact information (phone number or email), address, and full name. The Gestational Carrier must live in Oklahoma for at least 90 days before entering a gestational surrogacy contract. Affidavits: Obtain signed affidavits from the gestational carrier, her spouse if applicable, intended parents, and the IVF doctor. All affidavits and agreements must be notarized prior to being submitted to the court. Authorization for Disclosure: Prior to proceeding with the PBO, the gestational carrier must sign an authorization for the disclosure of her treatment records and care details at the IVF clinic to the intended parents, their health insurance provider, physicians, and the medical facility. This release typically is signed when at the same time the gestational carrier agreement is signed. Intended parents also must authorize the release of their information and treatment records pertaining to STD testing to the IVF doctor for embryo creation and the surrogacy arrangement. Risk Acknowledgment: The gestational carrier is required to sign an addendum acknowledging the risks associated with pregnancy, including the understanding that maternal mortality can result from complications. Nomination of Guardian: Intended parents are obligated to sign a nomination of guardian addendum, which identifies a guardian of the child in the event of both parents' passing. Mental Health Evaluation: The gestational carrier candidate must undergo an in person mental health evaluation which includes a determination that the candidate can proceed with the surrogacy journey. If at least one of the intended parents is related to the child, both intended parents can be declared the legal parents in a pre-birth order. As previously stated, an intended parent couple must be a married couple to be declared the legal parents of the child. Single parents can obtain a pre-birth order even if they are not genetically related to the child. Following a validation order obtained prior to transfer, the court will order married intended parents to be named on the original birth certificate of the child carried by the gestational surrogate while single parents will be listed as the sole parent on the original birth certificate. A hearing is not required for a pre-birth order, so intended parents are not required to appear in court. Obtaining a pre-birth order in Oklahoma secures the parental rights prior to the child's birth, ensuring a smooth transfer of custody. Our experienced team at Tsong Law Group, licensed in Oklahoma, provides close clarity and assurance on surrogacy law. Reach out to us today to begin your surrogacy legal process.
- Know Your Rights: Paid and Protected Leave in Surrogacy
The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993 and provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes the birth of a child, adoption or foster care placement, or care for an immediate family member with a serious health condition. The FMLA protects employers with 50 or more employees and to employees who have worked for the employer for at least 12 months and for at least 1,250 hours in the previous 12 months. A surrogate’s or intended parents’ rights to family and medical leave may differ depending on which state they reside. Some states have their own family and medical leave laws that provide additional protections and benefits. Currently in 13 states, surrogates who are employed might be eligible for paid disability leave for pregnancy or child birth, while in others, intended parents who are employed might be eligible for baby bonding time. We will discuss the states that attorneys at Tsong Law Group are licensed in: In California, employees are eligible for up to 12 weeks of paid family leave to bond with a new child, including a child born through surrogacy. In addition, California law provides for up to 4 weeks paid disability leave for employees who need time off to recover from a pregnancy-related condition and 6 weeks paid disability leave for a normal delivery and 8 weeks for a cesarian section birth. California also has a pregnancy disability leave act which runs with the 12 weeks of federal FMLA leave but applies covers more employees, since to small employers of five people and extends the time to 16 weeks. In New York, employees are eligible for up to 12 weeks of paid family leave for the birth, adoption or foster care placement of a child, or for the care of a close relative with a serious health condition. New York also provides for paid pregnant disability benefits for up to four weeks before due date and six weeks after giving birth (eight weeks if delivered by c-section). Employees must have worked 26 weeks for the employer in the past year, at least 20 hours a week. In Washington, employees may apply for paid medical leave for pregnancy or delivery, and family leave to bond with a new child. Paid leave is up to 16 weeks of combined medical and family leave. Additionally, those who experienced pregnancy-related complications such as prescribed bedrest or a c-section, may take an additional two weeks of medical leave for a total of 18 weeks. The doctor must make sure to mark the pregnancy complication checkbox in their Certification of Serious Health Condition form. Employees must have worked over 820 hours in the past year. Other states we are licensed in, Illinois, Arizona and Oklahoma, currently do not have state specific laws for protected or paid leave beyond federal law. Below is a 2024 updated map of the United States showing states with Paid Family Leave Laws from the Bipartisan Policy Center. Conclusion FMLA is an unpaid benefit that can be taken by both the surrogate and her intended parents. If available in their state, paid disability leave can be taken by the surrogate, and paid family leave can be taken by the intended parents. If you or another party live in a state we are licensed in and we represent you in a surrogacy matter, you can ask us about your state’s disability leave law. It’s an important right and benefit that should be considered at the contract stage of a surrogacy journey. If you have questions about this law, don't hesitate to contact a surrogacy lawyer 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.
- Book Review: The Bump by Sidney Karger
Released on May 21, 2024, The Bump by Sidney Karger follows the adventures of Wyatt Wallace and Biz Petterelli about five weeks before the expected due date of their surrogate. The New Yorkers decide to take a cross-country babymoon with their dog for their surrogate’s delivery in California for one last adventure and address relationship issues before parenthood. Along the way, unexpected detours open old wounds and secrets, challenging them to rethink the meaning of family as they prepare for their baby’s arrival. This novel shows some of the funny, reflective, and challenging moments a couple may have on their road to becoming a parent through egg donation and surrogacy. We interviewed our former client Sidney Karger about his book: Exclusive Interview with Sidney Karger: #1) Can you describe your journey to becoming a published author? S: “I had always wanted to be a writer when I was a little kid... When I was 12, I sat down and wrote a book which was a terrible version of Choose Your Own Adventure books. I got encouragement from friends and family to keep writing and then I fell in love with movies. Out of college I started writing screenplays and once I realized people actually write movies. I'm like, ‘I'll be a screenwriter.’ I started writing screenplays and reading them for studios and production companies. Then around after that time, I got a job as a writer director at Comedy Central and was sort of writing and directing for their shows in-house creatively. I became a working screenwriter and left Comedy Central. Sort of that old saying of preparation and opportunity equals luck, I was introduced to my now book agent...I've been collecting ideas through the years and always thought I would write a book, way later in life when I turned 80 or something...I pitched him some ideas and that was my last book that came out last year called Best Men and it's a romantic comedy and I sold that as a two book deal.” #2) How much research was involved in writing your book on surrogacy and egg donation? And how much was it was prior knowledge? S: “My partner and I just started talking about surrogacy years ago and then some friends of ours started having babies that way and through adoption. We learned through osmosis what they were doing and there was a time when we started taking it seriously. As everyone knows, surrogacy and adoption are so complicated and overwhelming. There are so many ways you can collect that information. The book deals with the emotional aspects of whether you're having a baby the traditional way, through surrogacy, IVF, or adoption. I was taking notes from friends and even our parents. You can detect the differences between couples, like the disciplinarian one and the one who is a little more laid back.” #3) The book portrays Wyatt with a type A personality and loves planning while his partner Biz is more laid back and goes with the flow. Who do you think you identify more with? S: It interesting, I think I'm probably a little of both. I like to plan and be spontaneous and a little more laid back, but I can be indecisive. The characters are drawn out of people that I know, people I've met, or people I've eavesdropped on in a restaurant. There's a lot of stuff that I draw upon that I've experienced but then put into a different type of scenario with different characters so I can tap into the same emotion I felt. The characters become sort of like heightened versions of parts of my personality and people I know. I don't necessarily gravitate towards one of the other, they're both kind of close to my heart. #4) Wyatt and Biz are experiencing a bump in the relationship and doubts of becoming parents. If you could have a conversation with them. What advice would you give them? S: “I would wait until their journey is over and I would say, there's a big lack of communication between the two of them. I would encourage them to talk things out a little more and hash things out. They can figure out why one of them is this way and the other one was that way. Within the book, one starts out super organized and kind of wants to have an itinerary and the other ones afraid of having a baby and wants to play it a little looser. I don't want to give a spoiler away, but it changes in the end. My advice would be to communicate more...with age comes a little more wisdom. I would say to them don't make everything so dramatic and you'll get through this.” #5) Wyatt and Biz have two very different families. What type of family do you personally envision for your future? S: “Hopefully a little of both, I love that idea. I came from a big family, but my siblings were older. When they moved out of the house, I was kind of alone with my parents. I got the best of both worlds, and I would love that for my future family. Just the idea of having a big family but then the quiet time you can share. Everyone does their own thing and then you kind of come back together. I love that sort of spectrum of loud and quiet. You rebel against what you grew up with and want the opposite sometimes, but then you realize you want to get back to your roots. I think having that balance is good.” #6) Without too many spoilers, what scene was the hardest for you to write? S: “Generally the hardest scenes to write were in the car because I really wanted to make sure that you are with these characters along their “journey.” I wanted the reader to experience being in the car with them, but that could be boring. Those were the hardest scenes and I tapped into road trips that I've taken, long drives, listening to music, coming up with games, calling people on the phone on speaker. Trying to keep the story moving while they're in the car was really a challenge because again, I just wanted you to feel like you're on this road trip with them. Legal and Realistic Aspects: As usual for our reviews, we look into whether the story is realistic from a legal and factual standpoint. Karger shares the process of Wyatt and Biz selecting an egg donor and over a year later, anticipating the birth of their child. The story opens with them going through many profiles of egg donors and reading their descriptions. This is very accurate for families who search for donors through agencies that have online profiles and descriptions of available donors. They compile a board of possible donors by considering their family history, biography, and interests. Wyatt and Biz spent over eight months trying to select a donor. After agreeing on an egg donor, they contact the agency to confirm if the donor is available. Although the story does not follow the process of Wyatt and Biz selecting their surrogate, we are introduced to Flora when she FaceTimes them during their trip to give medical updates. Surrogacy contracts will often disclose that the surrogate must contact the intended parents and provide updates of doctors visits and allow their attendance in person. These tend to be minimums and intended parents can have more contact than what is in the contract. Flora does a great job of keeping in contact with the couple and forms a close bond with them. She shares continues to follow up with more calls throughout the novel. Wyatt and Biz witness the birth of their child in the hospital room beside Flora. The hospital staff are aware of the surrogacy matter once they arrive at the hospital. They are quickly let into the delivery room, most likely because the hospital was given a hospital letter and the court judgment prior to the birth (also known as a PBO ). Before the birth of the child, your attorney should inform the surrogate’s hospital of choice of the matter and provide all the necessary paperwork so the intended parents can safely leave the hospital with their child and have their names on the birth certificate. There are no legal hiccups or concerns in the novel, which indicates the legal part was well-handled. Spoiler alert: We learn of a second journey for Wyatt and Biz using the same egg donor and surrogate. This is a possibility for intended parents who want to embark on a second journey after their first successful one. Many intended parents with good experiences opt to use the same egg donor and surrogate because they wish to have a sibling journey, and already have a close bond from the first journey and know what to expect. We can only wonder if Wyatt and Biz used the same lawyers for their second journey. Conclusion: In conclusion, The Bump by Sidney Karger is a breezy summer read that on a seldom explored topic of fiction, the journey to parenthood through surrogacy and egg donation, and how a couple processes their transition. Karger’s narrative is humorous but also deep, and the reader really feels dropped into the perspective of being on the edge of unknown when starting a family through third party reproduction. We know the feeling is universal for new intended parents. If you choose the right lawyer, at least you won't have to worry about the legal aspects of your journey. If you need a lawyer for surrogacy and egg donation, contact us now.
- Here’s What You Need To Know About TLG’S Seedcoach
Tsong Law Group knows that the journey to expanding your family through surrogacy and egg donation can be a stretch for the household budget of many people. That is why we are offering Seedcoach, a financial coaching package for free to our intended parents, or if they elect for their surrogates. There is no extra cost to use this benefit. In this article, we will discuss the main points of the program. What is Seedcoach The program was designed to help the intended parents and surrogates answer any questions they may have about the financial aspects of their journey. The question of finances is the elephant in the room for many pursuing surrogacy, so the team at Seedcoach combined with their online video library of resources and templates, will help intended parents identify the financial resources that can help on their journey. How does the program work If you sign up to be a client with Tsong Law Group and retain for us drafting of a contract, you are eligible for the services. The services for the Intended parents include: Online Video Library which offers invaluable guidance on budgeting, insurance, and funding your journey. It includes access to Including budgeting tools, customizable templates, a list of lenders and grants and more! Unlimited One-on-One Coaching with webinar support to help you navigate the financial complexities associated with your surrogacy journey. Assistance with Grants & Loans which will be assisted by your coach in sourcing opportunities to aid in closing any funding gaps by helping you write impactful grant applications and identifying the best borrowing opportunities. Fundraising & Special Events which will guide you on how to plan a successful fundraiser and coordinate special events for crowdfunding your journey. Lastly, Reduce Your Stress! Your Family Third party fertility journeys are complex and emotional. SeedCoach can minimize your stress by providing financial guidance along the way. Meanwhile, if you are a surrogate of intended parents with Tsong Law Group who opt to provide the benefit to their surrogate, the program will help you: Maximum Financial Benefit From Your Compensation which our experts will customize your financial program based on the compensation associated with the contract you entered into with your intended parent(s). Improve Your Financial Situation While Helping to Build a Family by the program’s free tools, budgeting templates and individual guidance on compensation, setting and achieving goals, household budgeting, reducing debt, as well as saving and investing. Achieve Your Financial Goals by helping you realize your financial goals that may be obtained from your earnings and the program will also advise you on the dangers they haveseen other surrogates fall into post-surrogacy. Lastly, you’ll Reduce Stress and Set Yourself on a Path to Financial Freedom! How to get started There are 3 easy steps to start your third-party journey with Tsong Law Group’s Seedcoach: Notify Tsong Law Group. Email or call Tsong Law Group and ask to enroll in the program. Our team will respond immediately and give instructions moving forward. Wait for a welcome email which includes your log in credentials/password. Your credentials will be used to login tsonglaw.fertilityfinancialguidance.com and access all the resources for your funding journey. Finally, complete the Intake form and schedule a one-on-one with a Coach. For more information, call us at 877-992-3678. 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.
- Learn How Your Adoption Finance Coach Can Help You Achieve Your Adoption Goals
At Tsong Law Group, we understand that families come in all shapes and sizes, and the journey to build a family can be as unique as the families themselves. Families come in all shapes and sizes and ways of growing families can be equally unique. Non-traditional family building is a wonderful way to grow the joy and love in your family but it can come with additional stress, uncertainty, and expense. Many families turn to adoption to grow their families only to find out the financial hurdles are too great. Adoption costs can range from $30,000-$50,000 or more, depending on the type of adoption. But the good news is that families aren’t alone in that struggle. Born through her personal experience in adoption and a drive to help other families, Kelly Ellison founded Your Adoption Finance Coach. This educational program comes alongside agencies, lawyers, and consultants to help support prospective parents in navigating the complex finances of adoption. Kelly, along with a team of coaches are passionate about helping all families solve the financial puzzle of adoption. Tsong Law Group has partnered with Your Adoption Finance Coach to provide this service for free to our hopeful adoptive parent clients, as well as offering its sister program, Seedcoach, to our intended parent clients. If you are interested in either program, just ask us. Your Adoption Finance Coaching program works to solve the money problem for adoptive families. The system offers resources ranging from on-demand videos and downloadable templates to one-on-one coaching calls to help prospective parents map out their budget and funding timeline - so they know not only how much they’ll need but when. This approach to budgeting helps families identify and plan for funding gaps for targeted and customized planning. The team at Your Adoption Finance Coach can help prospective parents find resources to help fill those gaps, from grants to loans to setting up a fundraising campaign. Coaches provide families with customized solutions based on their personal and family needs. Listen to these testimonials about Your Adoption Finance Coach: “The portal offered a great deal of helpful information. However, having a personal coach, a human being, I could talk to and bounce ideas off of helped me understand how the information from the portal applied to me and more importantly, put it to good use. My coach was readily available - I appreciated that I could both email her quick questions AND jump on the phone with her to talk through more complex inquiries; and I always had the portal there as a reference point with best practices, help and templates. The assistance I got from YAFC was invaluable. I fear there are prospective adoptive families out there who believe they make too much money or don’t need help – and so when offered the services of YAFC by their agency or attorney, they look the other way. I think this is a mistake. I would urge families to give YAFC the opportunity to ease the financial burden of your adoption journey; it will make both a short-term and long-term difference. Because of YAFC’s help, I was in a much better financial position when my teen and preteen sons came home than I would have been without utilizing their services. I am grateful.” Stephen, Santiago and Juan, Adoptive Family “We found the adoption process thoroughly overwhelming (emotionally, logistically and financially) and quite honestly, weren't expecting much when we learned about Your Adoption Finance Coach (YAFC). We attended our first YAFC webinar and were pleasantly surprised. We then spoke with our coach to learn more about their services and how they could help us. Our experience with YAFC was incredible and they are absolutely the first name we mention when anyone tells us that they are planning to adopt. Our coach was informative and patient, guiding us expertly through each step of the gran application process; no matter how trivial the question. We cannot thank YAFC enough. Our adoption would have been very difficult without them.” Luke, Kim and Baby Lennox, Adoptive Family “Having someone who knows the ins and outs of the application process, who has a relationship with many of the larger foundations, who could tell me which foundations made sense for us to apply to, and who could also help us make sure our application was both thorough and compelling – I don’t know how to quantify such a resource. In addition to helping us find funding to finalize our adoption, our YAFC coach no doubt saved me an unknown amount of time and energy so that I could concentrate what little time and energy I did have on bringing our daughter home and caring for her." YAFC Family, Adoptive Family Conclusion Your Adoption Finance Coach and Tsong Law Group stand ready to empower families on their adoption journey. Over the years, Your Adoption Finance Coach has assisted over 15,000 families in raising more than $15 million for their adoption journeys. Together, we firmly believe that financial constraints should not hinder anyone from embarking on the journey of adoption. At Tsong Law Group, we share this belief wholeheartedly. Our team of adoption lawyers is dedicated to ensuring that legal and financial barriers do not stand in the way of building your family through adoption. If you're planning an adoption and need extra guidance with the financial and legal aspects, don't hesitate to reach out to contact us or visit this site. There is no extra cost to use this benefit. For more information, you may visit this site.
- What to Expect During the Legal Stage of Egg Donation: Both Intended Parents and Donors’ Perspective
A fresh egg donation cycle has several steps: the match between intended parents and donor; donor’s medical screening and approval by the IVF clinic; donor’s psychological clearance; donor’s genetic screening; and finally, the legal stage where legal clearance is issued. Like our recent blogs discussing the legal stage of surrogacy from the perspective of surrogates and intended parents, the legal stage for egg donation is important to establish clear rights and obligations for all parties. From choosing the right attorney to contract review to obtaining legal clearance, here's what you can expect during the legal phase of egg donation: Choosing the Right Attorney. The legal stage consists of each of the parties, the intended parents or recipients, and the egg donor (and spouse if she has one) choosing and signing on with their own lawyer. Both parties will have separate legal representation throughout the egg donation process. The legal costs of retaining an attorney are covered by the IPs. It is crucial to select an attorney experienced in drafting egg donation agreements. In FAQ #27, we answer whether an attorney for the egg donor can really represent them properly if their attorney fees are paid for by intended parents. Representation Agreement. Once selected, the lawyer will send the party a representation agreement or letter, which will explain what the scope of services the lawyer is providing. Both the egg donor and the IP will sign the representation agreement with their respective attorneys. Note that this is not the egg donation agreement, but the agreement to agree to representation. Drafting the Egg Donation Agreement. The lawyer for the intended parents will usually draft the egg donation agreement based on the information the agency or intended parents have given them. There are varying levels of disclosure in these agreements, ranging from anonymous to disclosed, where parties may know each other's identities. The lawyer for the egg donor usually reviews the contract with the donor. In some cases, the contract may be pre-drafted and the parties review and revise them separately. Reviewing the Egg Donation Agreement. Schedule a review appointment with your attorney to go through the egg donation agreement thoroughly. Read the egg donation agreement beforehand because the review will not be a word for word reading. Make sure your spouse is also present for the review if they signed the representation agreement, as they will be a party to the agreement. This is the time to address any questions or suggest changes. Negotiating and Finalizing. Once you approve the redline your attorney sends you after your review, they will present the redline to the other side’s attorney and the negotitaion begins. After both parties agree to any redlines, a final egg donation agreement will then be circulated for signing. Signing the Agreement. In most cases, egg donation agreements do not require notarization for signatures. Some will choose to notarize if they want to verify the identity of the person signing. Notarizing a contract may be required in some states, or it may be the preference of one of the parties. The attorney may send you a PDF for printing or which can be electronically signed if the contract is not notarized. Issuing of Legal Clearance . Once both parties have signed, the intended parents’ attorney will issue a legal clearance letter to the clinic which allows the retrieval procedure to be scheduled and begin. If you are looking to become a egg donor or intended parent through egg donation, have an experienced attorney guide you through your contract protect your rights. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma, and recognized as AAAA and ACAL Fellows. Reach out today for our help in the legal stage of your egg donation journey.
- Legal Requirements for Surrogacy Agreements in Washington
In Washington, surrogacy agreements are governed by specific legal requirements to ensure all the rights of parties involved. If you are an intended parent interested in growing your family via surrogacy or becoming a surrogate, you should become familiar with Washington’s requirements. In 2019, Washington enacted one of the best surrogacy laws in the country; making it a popular state for surrogacy. They recognize intended parents as the child’s parents before birth through court documents from a Pre-Birth Order. Their regulates serve as a framework for a clear and ethical surrogacy journey. Requirements of Gestational or Genetic Surrogacy Agreements Firstly, all parties involved like intended parents (IP) and the gestational carrier (GC) along with her spouse if applicable, must be at least 21 years old. The GC should have previously given birth to at least one child or not have entered into two surrogacy agreements that resulted in birth. Washington requires that all parties undergo medical evaluations and mental health consultations to assess physical and psychological suitability to enter the gestational surrogacy agreement (GSA). Both parties will have independent legal counsel with the IPs responsible for covering the costs of the GC’s legal representation. The attorney for the GC will help review the GSA so that all parties fully understand their rights and potential liabilities under the agreement. The surrogate's spouse will be involved in the GSA as mandated by Washington law. This requirement acknowledges the spouse’s legal rights regarding any resulting children. The surrogacy agreement must be executed and signed before a notary public. This procedure ensures the validity and enforceability of the GSA. The GSA needs to disclose IPs’ financial responsibility for covering the medical expenses of the GC and the child. This will include a review of insurance coverage or any necessary purchases of insurance plans. The agreement should also outline medical costs that are not covered by insurance and how the GC can submit surrogacy related costs for reimbursements. Life insurance purchase is necessary before the GC’s embryo transfer. IPs must appoint a designated person to be the alternate parent or guardian to step in if both IPs pass away prior to the birth of the child. Washington law specifically states that the GC must retain the ability to make healthcare decisions regarding herself and the pregnancy, as outlined in Revised Code of Washington (RCA) Ch. 26.26A.715(1)(f). This gives the surrogate autonomy over her medical care throughout the pregnancy. However, Washington law requires a clear outline of circumstances for abortion or selective reduction. The agreement should also include responsibilities of GC to attend all doctor visits, follow proper medical instructions, and comply with any restrictions such as food, travel, and physical. The agreement should also have a clear breakdown of how the GC will be compensated. This will include any potential invasive procedures that GC undergoes like a c-section or loss of an organ. The clear breakdown of compensation is helpful for all parties to understand when certain amounts will be paid, such as if the pregnancy results in a twin pregnancy. Like any GSA, Washington GSAs should also include sections regarding breach or termination of contract. If all requirements are met, a Washington court can enter a prebirth judgment affirming that the intended parents are the legal parents of the child conceived through surrogacy and they will be listed on the birth certificate to be issued. The parentage action will be filed in the county where IPs reside, GC resides, where the child will be born, or where the medical procedures will be performed. With the help of a surrogacy attorney, you can safely complete a successful surrogacy. The attorneys of Tsong Law Group have extensive experience in the niche field of surrogacy law. Based in California, the attorneys of Tsong Law Group are also licensed in Washington, New York, Illinois, Arizona, Oklahoma, and California. They are also a fellow of Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL). If you need assistance with your surrogacy agreement, contact us today. 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.
- Is Netflix’s All In My Family Worth Watching?
Tolstoy once wrote, all happy families are alike but each unhappy family is unhappy in its own way. All in My Family, a short film released on Netflix on May 3, 2019, shows that families can be happy and unhappy and different all at the same time. All in My Family explores the theme of a prodigal son returning to a family he wanted to leave and how he tries to be true to himself despite his familial and cultural pressures. In this intimate documentary, viewers follow filmmaker Hao Wu as he shares the story of surrogacy and how his family in China reacts. The documentary starts with his upbringing in a boisterous, traditional Chinese household and his experience with moving to New York and following his own path. As the only male son in his family, Wu was raised to have a successful career, get married, and have his own biological children. Wu did all those things, just not in the way his family may have wanted. Wu shares his experience of coming out to his conservative family and his journey of becoming a parent to two children with his Chinese-American husband. Unfortunately, his sexual orientation did not align with his traditional parents' worldview, leading to an emotional conflict between them. His parents’ reactions, years later, show that they still struggle to accept Wu’s identity. The audience witnesses the genuine reactions of Wu's Chinese parents as they question his egg donation and surrogacy journeys. A couple years later, he introduces his children to his family and the children and Wu are immediately accepted, but the family argues about how to explain the absence of the mother or Eric’s role in the children. Wu is unsure how he would break the news to his grandfather, who is the only one not aware his grandson is gay, or that Wu’s children were born through two surrogates. This documentary highlights the generational differences and beliefs in his family. We watch as Wu brings his husband Eric into the room without lying to his grandfather and how he reacts. In the end he and Eric decide that there is no need to reveal to his grandpa that they are both fathers to the children. Everyone is happy that Wu has returned with a happy family, and his extended family, though constantly arguing, manages to pass through the family drama. Although specific to China, what Wu experiences may not seem too different than other immigrant family experiences, and the cultural differences we experience when we return to a family we moved away from. His journey is deeply personal because he shares his families’ Chinese culture and how they express their love. As surrogacy becomes more popular and more normal, we feel hope there is progress as his parents and grandparents accept his nontraditional family. Wu gains wisdom to accept that changing the views of his parents and grandparents will be gradual. Is it Worth Watching? This documentary is worth watching for anyone considering a surrogacy journey, especially with international Asian intended parents. Though his surrogacy journey itself is not the main plot point but rather the starting point, it is a short film that is a light experience to watch, and provides a rare glimpse of what same-sex intended parents may experience when they return with their child to China. Surrogacy agencies who have Chinese intended parents should also show this documentary to their new staff, because it will go a good way to show what family values are like in China and how surrogacy and same sex relationships are managed in Chinese culture. Since it is a short length with funny moments and never too heavy, we recommend it to anyone who is interested in surrogacy or Chinese culture. All In My Family is available for streaming on Netflix. The legal part of the surrogacy process is sadly not covered in this film. Perhaps it was omitted for brevity. For those who are looking to learn about the legal process, contact the surrogacy lawyers of Tsong Law Group for more information.