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The Halloween countdown has begun, and this tradition cannot be completed without a good horror film marathon. There are many great scary movies out there, but this time around, we're reaching for something less familiar in the horror film genre. Released in 2022, the Australian paranormal horror film "Surrogate" stars KestieMorassi as Natalie, who plays a single mother and nurse. As a single parent, she heavily relies on her own mother, Anna, and her brother William to help raise their daughter, Rose. The movie begins with the family celebrating Rose's ninth birthday. After the celebration, the movie shows the routine between the two, where Natalie reassures her daughter that monsters are not real every time she's asked to check for them around her room. Working as a nurse, Natalie had an unfortunate encounter that intensified the movie. While going home from her night shift, she came across a woman who appeared to be disturbed and had consumed toxic liquids. Natalie tried to revive her, but she couldn't. Natalie immediately started vomiting, as if she were pregnant. The symptoms continued to develop, and she woke up one day with blood from her waist down, as though she had given birth. When she was brought to the hospital, the agent from the Department of Child and Family Services and her doctor told her that she was pregnant and had done something terrible to the baby, even threatening her with criminal charges. Natalie argued that she had not given birth to a child and that it was not even possible for her to get pregnant. This explanation did not sit well with the doctors and the representative from the department. The stress even grew as her daughter Rose was affected by all the supernatural elements. Now the movie is on the journey to answer how Natalie became pregnant and where the supernatural elements were coming from. How realistic is the portrayal of surrogacy including the legal aspects? Despite the title, the movie is not really about surrogacy any more than Rosemary’s Baby can be considered a surrogacy movie. There is no contract between intended parents and Natalie, or any sort of parental rights being established. There are no supernatural lawyers in the movie either. The title "Surrogate" merely reflects the central theme of the movie. Conclusion Although surrogacy may not be the subject matter, the movie still delivered an impact and overall portrayed a well-told story that is worth watching. The movie is well executed and scored. If you're a wimp when it comes to horror, it won't scare or gross you out. There might be a jump scare but otherwise it's atmospheric and dreadful. The story also succeeded in incorporating mystery and thriller elements. Overall, as an indie film, it stands out enough to be worth watching this Halloween. So, bust out the popcorn or some homemade Halloween snacks and get ready to watch this movie. "Surrogate" is currently available on Amazon Video, Tubi, and Google TV. If you are looking for a peer rated super lawyer for your surrogacy rather than a supernatural lawyer, look no further and contact us now.

Egg donation is a fertility treatment option in which a woman, known as the egg donor, provides her eggs to help another individual or couple achieve pregnancy and fulfill their dream of having a child. During the process, egg donors often experience a range of physical and emotional demands. This highlights the importance of compensation as a factor to consider when embarking on this journey. Compensation is intended to reimburse the donor for her time, effort, and any inconvenience or discomfort associated with the donation process. Learning the components of egg donation compensation offers several advantages between the parties in terms of drafting the contract, decision-making, legal and ethical compliance, reduction of potential risks and misunderstandings, and managing expectations, among other benefits. In this article, we discuss the various components of egg donation compensation. It should be noted that the specifics may vary according to different state laws and regulations. Base Compensation. This component acknowledges and addresses the potential physical and emotional challenges that donors may face. Base compensation for the donation covers the donor’s pain, suffering and any inconveniences. Compensation After Injectable Medication. In some cases, the donor receives a portion of the base compensation when they begin the injectable medication. This rate is typically specified by the donor agency. A typical amount is around $700, but it may be higher if the compensation is above average. Travel Expenses. This component includes the cost of the flight, hotel, ground transportation, meal allowance, and, in some cases, companion expenses, which may also include flight and a meal allowance. It covers both the initial screening and the retrieval trip. However, in some cases, local donors may not receive these benefits other than mileage. Split. A 'split' refers to a share of the eggs if the number of retrieved eggs exceeds a certain threshold. In some cases, a donor may request a split instead of compensation, which involves receiving half of the eggs, for example. This component is considered rare. We’ve discussed what are attributes that Intended Parents seek in a donor. The more distinguished a donor is, or the rarer her attributes are, the higher her compensation may be. Compensation is also influenced by the number of donations a donor has made. A repeat donor usually can receive higher compensation as there will be a record of how many eggs were retrieved each procedure. If you are contemplating becoming an egg donor or a recipient and would like to navigate the complexities of compensation and legal aspects in the egg donation process, it is advisable to engage a lawyer specializing in reproductive law or assisted reproduction. Ensure that you select a reputable attorney with expertise in this field and licensed to practice in your jurisdiction. The attorneys at Tsong Law Group are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma and have been in practice for a number of years already. They also provide comprehensive legal support or contract drafting to ensure that the clients' egg donation journeys are well-managed, and their rights and interests are protected throughout the process. Contact us now for further information.

When considering surrogacy, Intended Parents can choose to go through a surrogacy agency or an independent journey. Each option has unique advantages and considerations. While the decision should be based on specific needs, preferences, and circumstances, some prioritize the expertise and support provided by agencies. When selecting an agency, parties are typically presented with a surrogacy agency agreement near the start of the agency’s services. A surrogacy agency agreement is a legally binding document that outlines the terms and conditions of the relationship between the parties, the intended parents and the agency. As the agreement will govern the parties’ relationship for the next year or more, a close reading of the agency agreement is essential to confirm that it is well-drafted, legally sound, and aligns with the interests and expectations of all parties involved. In one of our weekly FAQ posts on our social media, we provided an overview of some things to consider when reviewing an agency agreement. In this article, we will delve deeper into its importance and offer a more comprehensive understanding of each item’s significance. Here are some key factors to keep in mind: Agency Fee. Intended parents seek clear information on when and how much they need to pay the agency. The agreement must specify payment stages, amounts, and methods, which vary between agencies. This is important to be checked, as the provisions differ between agencies and the timing may be subject to negotiation. Surrogacy agencies also commonly charge fees at various stages of the process such as match meeting, match confirmation, or upfront before accessing the surrogate database. It's important to also see what services are provided when an agency fee is provided, and what will not be covered by the agency fee. Some agencies will charge for surrogate screenings and background check, others include it in the agency fee. Rematch Fee. This secion in the surrogacy agency agreement usually outlines the additional costs or fees that may be incurred when intended parents and the surrogate seek a new match due to the termination of their initial match. What is important to pay attention to are situations where no rematch fee is charged. No rematch fee should typically be charged for cases where the surrogate withdraws prior to legal or does not pass the clinic’s screening. Some agencies do not charge rematches where the surrogate did not receive legal clearance, or where the surrogate terminates the contract before an embryo transfer. Some may even not charge rematch fees if the surrogate does not become pregnant or does not deliver a baby. Most agencies will charge a rematch fee if the intended parents terminate the match without good cause. There can be a wide range of situations where a rematch might be likely which an attorney may be aware of and which inexperienced intended parents may not. The rematch fee may also differ in amount from a smaller fee to the size of the agency fee itself. Duration of the Contract. The length of a surrogacy agency agreement can vary and is typically outlined in the terms. Some agencies charge fees for extending the contract or a new agency fee entirely, so it’scrucial to check the agreement details. Consider that a surrogate who is not prescreened may take months to pass screening, and that add in the length of legal contracts and the calendar of the clinic, the possibility of multiple transfers, a successful journey is likely to take significantly longer than one year. This doesn’t take into account the possibility of failed matches and rematches. Services Provided. Surrogacy agency agreements include different services. While coordination is included which means providing referrals, checking in on the surrogate and addressing any differences between the parties, you also want to see what the agency will do after the contracts are signed. Intended parents may wish to have the case manager attend embryo transfers or the delivery, and if this is not included, the exact cost of the additional charge should be laid out. Given the complexity and legal nature of agency agreements, these four points provide an overview and do not cover all the important deal points in an agency agreement. It is advisable to have a lawyer review your surrogacy agency agreement. While there are legal fees involved in reviewing a contract, they may be applicable to a future contract, and you will have peace of mind knowing and understanding the agency agreement. The lawyers at Tsong Law Group have expertise in surrogacy laws and experience with reviewing surrogacy agency agreements, and can provide clients with the guidance and assurance needed. For more information, contact us now.

White Lilies is a harlequin romance surrogacy novel that unfolds a compelling narrative exploring the profound impact of surrogacy and the enduring strength of friendship amid life’s challenges. Skylar Mitchell, the main character, yearns for a meaningful change in her life. One thing she has always been certain of is that she never wants to have children of her own. She even jokes about being a surrogate, a selfless move that seems like an out-of-character life decision. In a fortuitous encounter, Skylar connects with Griffin and Erin Pearce, a couple who seem to have it all — a perfect life and a perfect home but sadly cannot have children through traditional means. As Skylar offers to become their surrogate, she finds herself falling in love with Griffin while becoming best friends with Erin. Unconditional love, heart-wrenching loss, and unwavering friendship form the bedrock of this story. Skylar’s choices will test the bonds that tie her to Erin and Griffin, ultimately leading them all on a journey of self-discovery and transformation. Legal and Scientific Realism   A  genetic (also known as traditional) surrogate  is when the surrogate uses her own egg and the father’s sperm, making the surrogate genetically related to the child.  The main character becomes a genetic surrogate, which is not legal in New York  if the surrogate is compensated. Skyler was compensated with expensive shopping trips and other financial gifts for being a surrogate, from the Intended Parents. While these may be considered gifts, this is legally problematic.   The parties entered into the arrangement without the usual psychological, medical or legal clearance steps. The Intended Parents chose Skylar to become their surrogate despite her never having children despite this being a best practice (also required in New York with gestational surrogacy), even more so with a genetic surrogate.    Skylar did not have a lawyer representing her to review the surrogacy agreement or at any time during the process. It’s unclear how the insemination took place, or what legal plan the intended parents had to establish parentage rights for the child, whether by adoption, passing off the child as theirs or through a proper parentage action.   It is doubtful that any surrogacy professionals were consulted so that more realistic elements could have made the story. It’s unfortunate, because adding some legal realism wouldn’t necessarily take away from the main storyline. Readers seeking a more realistic portrayal of surrogacy will find the novel’s deviation from legal correctness a notable drawback. Conclusion   Despite its engaging exploration of the daily interactions of a surrogate and her intended parents, this reader is left with mixed feelings, prompting a three out of five-star rating for entertainment but zero out of five stars for accuracy. The novel fell short in character development as it primarily showcased Skylar’s budding romantic feelings. A more comprehensive understanding of backgrounds, motivations, and relationships would have enriched the narrative, while a better understanding of the surrogacy process would have added authenticity.     Disclaimer: This book is a bodice ripper, meaning it is for adults only and offers a fantasy depiction of surrogacy which is for entertainment purposes only. The portrayal is imaginative if not outlandish, not reflective of most surrogacy journeys. The work aims to present a creative narrative but still manages to provide some insights into surrogacy from a surrogate’s perspective.   For more information on surrogacy, feel free to contact us now.

Effective January 1, 2019, Washington state became one of the first states to pass legislation granting donor conceived children potential gain access to information about their donors. Washington’s Open Identity Donation Law recognizes the independence and privacy of donors, while balancing donor-conceived children’s right to access information about their genetic background and desire for identifying information. Like California’s law on donor disclosure, the law provides the donor to declare their preference for anonymity at the time of the donation. A licensed gamete bank or fertility clinic must provide the donor with information about the choice on identity disclosure and obtain his or her declaration which shall be either witnessed or notarized. This declaration indicates either the donor's agreement to disclose their identity upon the child's request once reaching 18 years of age or the decision not to disclose their identity to the child. It must be noted that the donor who signed a declaration to disclose their identity may withdraw the declaration at any time. Should the donor not revoke their decision to be anonymous, the donor-conceived child may still obtain non-identifying medical details. The Washington law grants donor-conceived children the right to request their donors' identifying information and medical history upon reaching the age of 18 from the donor’s fertility clinic or gamete bank. "Identifying information" includes a donor's full name, date of birth, and addresses (both permanent and current). "Medical history" includes information about the donor’s present and past illnesses, as well as social, genetic, and family history relevant to the donor's health which was disclosed to the clinic at the time of the donation. A licensed gamete bank or fertility clinic is required to collect the donor's identifying information and medical history at the time of donation. Should a clinic or gamete bank fail to maintain the donor's choice of whether to disclose or remain anonymous, the clinic must disclose the information that it has collected to the donor-conceived child. If the clinic or bank receives gametes from another facility, they are required to gather and maintain information such as name, address, telephone number, and email address. Conclusion Parties to gamete donation should consider the emotional and developmental implications of anonymity on donor conceived children. The Washington law does not necessarily change the outcome of parties who request anonymous donations. It does however, give the donor an option to change their mind regarding their decision to be anonymous to donor conceived offspring. Your lawyer should explain the choices regarding open and closed gamete donation as well as any disclosure laws that a state may have. As lawyers licensed in Washington, we can offer you guidance with the complexities of gamete donation contracts. For more information, contact us now.

California Governor Newsom has recently enacted a series of impactful employment bills set to take effect on January 1, 2024. Among these legislative changes, the implications for surrogacy and individuals engaging in assisted reproduction are particularly noteworthy. This article will delve into how the 2024 California Employment Laws, specifically Senate Bill 616, Senate Bill 848, and potentially Assembly Bill 518, affects the benefits for individuals involved in surrogacy arrangements or utilizing assisted reproductive technology. Senate Bill No. 616 Sick Days: Paid Sick Days and Accrual and Use Under the amended Senate Bill 616, California’s paid sick leave law has been revised to raise the minimum required paid sick leave from three days or 24 hours to five days or 40 hours. Employees at minimum will accrue one hour of paid sick leave for every 30 hours worked. After 90 days (about 3 months) from the start of employment, employees can use their available balance. Employers have the option to cap the employees’ use to 80 hours instead of the previous cap of 40 hours. Additionally, employers must allow employees to carry over no less than 40 hours of unused paid sick leave to the next calendar year. Employees are able to see their accrued sick leave balance on their pay stubs. To prepare for this policy change, every employee and employer should review their paid sick leave policies before the start of 2024 to ensure they are correctly abiding by the bill. This is a benefit to surrogates who are employees, because even if an employer offers no paid time off, the employer will still be required to provide sick leave, now up to 5 days for every six months. Senate Bill No. 848 Employment: Leave for Reproductive Loss Senate Bill 848 is of note to employed intended parents, surrogates or those who are using assisted reproduction. SB 848 will provide essential leave to employees grappling with a challenging and previously unrecognized personal matters. This legislation acknowledges the emotional and physical challenges associated with reproductive loss, including miscarriage, unsuccessful assisted reproduction like in vitro fertilization (IVF), or failed adoption attempts. This Senate bill establishes legal safeguards for employees by prohibiting employers from denying a reasonable request for up to five days of leave following a reproductive loss event. Senate Bill 848 specifies that employees must take the leave within three months of the reproductive loss event. While the reproductive loss leave may be unpaid, the Senate bill permits employees to use other leave balances, such as accrued and available paid sick leave. To have a reasonable balance between employee needs and business operations, the bill imposes a cap on the total amount of leave at 20 days within a 12-month period. Assembly Bill 518 Eligibility for Paid Family Leave Assembly Bill 518 broadens eligibility to receive Paid Family Leave benefits, encompassing employees on leave to care for a “designated person” which potentially extends significant benefits to unmarried surrogates' partners who will soon be able to take paid leave to care for their surrogate partner. To learn about eligibility and applying for benefits of paid leave in California, read our article here. In 2023, the California legislature expanded the state family medical leave act, known as the California Family Rights Act, enabling employees to take unpaid family leave for the care of a "designated person." Instead of previously being limited to "family members," “designated person” is broadly defined as "any individual related by blood or whose association with the employee is the equivalent of a family relationship." Thus, partners who are not related or married would fall under the definition of “designated person.” AB 518 would extend this trend to the state's Paid Family Leave insurance program. Under the proposed legislation, employees may specify a designated person when filing a claim for paid leave. This will allow a surrogate’s partner to designate the surrogate as their designated person. While AB 518 passed the Assembly, it was tabled by the Senate for the session. Should AB 518 be enacted into law, its provisions are slated to take effect on July 1, 2024. Conclusion In conclusion, Senate Bill 616 and Senate Bill 848 offer increased leave benefits for sick leave and added benefits for bereavement of reproductive loss. While these are not major shifts, these laws are likely to benefit many people over time. Assembly Bill 518, if passed, will also benefit unmarried partners of surrogates and surrogates by providing paid family leave, in addition to existing unpaid leave. For expert legal assistance with your surrogacy or reproductive journey, contact us now.

In last week’s blog, we reviewed California's employment laws effective 2024 that affected families including surrogates and those using assisted reproduction. This week’s article addresses employment law changes in Illinois that indirectly affects surrogacy.  Governor JB Pritzker of Illinois signed Senate Bill 208 Paid Leave for All Workers Act making  one of fourteen US states that require paid time off , guaranteeing 40 hours of paid sick leave for workers. Effective January 1, 2024, the law will provide employees will earn one hour of leave for every 40 hours worked. This new bill grants employees who have children to be able to take time for medical appointments, childcare, and other important family matters.  Prior law did not provide paid leave to care for sick family members. Many working families are unable to take unpaid days off because of the financial burden it might cause.   Governor Pritzker reasons that this will help employees become more productive as they have more time to deal with stressors outside of work, family issues, and alleviate any burdens of working families. During leave, employees will receive their full wages, and tipped workers will be compensated at the minimum wage applicable in their respective locale.   This legislation also marks a significant advancement for surrogacy and individuals utilizing assisted reproduction, as it grants family members, including spouses and partners, the opportunity to take paid leave for the comprehensive care and support of the surrogate. This encompasses accompanying the surrogate to medical appointments, offering emotional support, and assisting in prenatal check-ups, all without the financial sacrifice of income.  The senate bill is inclusive of all employees within the jurisdiction of Illinois, including state and local government as well as government agencies. House Speaker Emanuel Welch states that the ability to have time off to care for a sick child or tend to one’s mental health should not be a luxury, but a basic right. This new law will recognize the added stress on working mothers and hopefully move to more healthy and compassionate workplaces. Notably, State Representative Camille Y. Lilly believes that paid leave is a necessary step to creating a state that is compassionate to the needs of working families.  Conclusion   Senate Bill 208 ensures that workers can take time off when needed without sacrificing income, fostering a healthier work-life balance. While the amount of paid leave is small compared to paid disability leave in states such as California, New York  and Washington , it is paid for by the employer rather than the state.   This new bill provides a modicum of support to employees including those involved in surrogacy or utilizing assisted reproduction, enabling them to take time off for essential family matters such as medical appointments and childcare.   If you require assistance with surrogacy legal matters, feel free to contact us  for expert guidance and support.

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

A critical step in the surrogacy process is obtaining a pre-birth order (PBO) from a state court. This parentage order officially recognizes the intended parents (IP) as the legal parents of the child born through surrogacy. Washington  is a pre-birth order state, meaning the parentage order from court is granted before the child's birth. Parties must show they have complied with WA law, which is outlined in our blog “Legal Requirements for Surrogacy Agreement in Washington.” Our blog titled "What is a Pre-birth Order?"  outlines the distinctions between a pre-birth order and a post-birth order.  I. When Should a PBO be Started?  The PBO process can take upwards of 8 weeks, so preparing the paperwork when the gestational carrier is around 20 weeks pregnant is ideal. This allows for adequate preparation time and time to ensure all the information is correct. If any party requests changes to the PBO forms, we will be able to make those changes without an emergency motion.   II. What is needed to start the PBO process?  The process to get a PBO in Washington begins with obtaining information from all parties. An intake form is sent to the surrogate’s attorney  or the agency where she will fill out identifying personal information and delivery hospital. Information will also be needed regarding the surrogate’s spouse. This PBO intake form will ask for an updated mailing address so that certified copies of the judgment can be sent. Washington requires that the surrogate and surrogate’s spouse provide their driver’s license number and state, employer’s name, address, and phone number, and date of birth. Some personal information will be provided to the court, but this will be confidential and only a party to the case will have access to what is filed with court.  III. Preparing the PBO Forms  Next, IP’s attorney will prepare all forms necessary for the specific venue in Washington. These forms will request that the court issue an order stating the intended parents are the legal parents. Each county may have different local forms, so an attorney who is experienced with filing PBOs in Washington will ensure all forms are completed. The forms signed by the surrogate will state that she is not the parent of the child, and the legal parents are the intended parents. This means that the surrogate agrees that she has no legal rights over the child. All parties will review and sign the PBO paperwork which requires coordinating with the surrogate’s attorney. Some counties like Pierce, King, and Snomish, offer electronic filing, and in these counties electronic signatures will also be accepted.   IV. Filing the Action  After the signing of all forms is completed, the preparing attorney will file the documents to the court. Next, the court will review and accept the filing. In some counties, the filing attorney will need to schedule a hearing to be held in front of a judge while others will consider the PBO without a hearing. Some courts will not require the parties to appear, but, sometimes, a remote appearance may be required. After reviewing the filings, the judge will sign the judgment and grant the PBO.   V. What if the baby comes early?  The court often takes one month to grant the pre-birth order. Sometimes babies are born sooner than expected but a competent attorney, like those at Tsong Law Group, will be able to file an emergency hearing. This emergency hearing is called an ex parte which requests the court to review the paperwork usually the next court day. The ex parte will notify the court that the parties are requesting an earlier hearing date for the specified reason.   VI. Receiving Certified Copies  After the judgment is issued, the last step is for the attorneys to request certified copies of the findings and order and the parentage judgment. Since the court file is sealed, a special request has to be made by the attorney. A certified copy will be provided to the hospital where the birth takes place, this will be sent to vital statistics so that the birth certificate will reflect in the intended parents’ names. Additional certified copies may be kept by the surrogate and intended parents should they ever need to prove the parentage of the child.   Conclusion  The pre-birth issued by a judge establishes the intended parents as the legal parents of the baby born to the surrogate. Attorneys at Tsong Law Group are licensed in Washington and have experience and success in obtaining PBOs. Contact us  for assistance in the PBO preparation process in your surrogacy case.

"Our Father” is a Netflix original documentary film directed by Lucie Jourdan. It follows the story of the former fertility specialist Dr. Donald Cline who deceptively inseminated dozens of patients with his own sperm between 1979 and 1986. This documentary film raises the question about how the legal system views those seeking control over their own reproductive choices and restitution when that autonomy is violated. Synopsis of the film Our Father intercuts interviews with the siblings and Dr. Cline’s victims with re-enacted footage of some of their experiences. Although Dr. Cline was never interviewed, his courtroom testimony is recreated (or is shown). Dr. Cline’s acts began being discovered when Jacoba Ballard, one of the victims of Dr. Cline’s deceptive sperm donations, recalled how at an early age she thought she was adopted, as she had her blonde hair and bright blue eyes compared to her family’s dark-hair and dark-features. She learned at an early age she was conceived via a sperm donor, who was supposedly a resident-in-training who had donated only a few times. Once at home DNA testing became available, she set out to find her half-siblings. From there, her life changed after she learned that she had seven half-siblings. Jacoba later on reached out to her newfound family members. Researching the mystery of their shared relation, Jacoba and her siblings soon discovered with horror what their parents’ trusted doctor had done. The number of their confirmed siblings continued to grow to at least 94 as more people added their DNA to the database. While Dr. Cline never reveals his motivations, the documentary film suggests Dr. Cline may have been motivated by his interest in an extreme Christian sect called “Quiverfull,” where it encourages followers to reproduce as prolifically as possible to meet God’s mandate to “be fruitful and multiply” and Dr. Cline, in addition to engaging with patients and staff in prayer before treatments, had an affinity for the verse Jeremiah 1:5 (“Before I formed you in your mother’s womb I knew you”). What happened to Dr. Cline In 2017, a criminal investigation was launched when four of the "children" filed a complaint against Dr. Cline to Indiana's Attorney General. However, during that time, there is no law or legal structure in place which criminalizes the act of a doctor inseminating a patient with his own sperm. Therefore, he could not be criminally charged for his deceptive insemination. Cline was instead brought to trial facing two counts of felony obstruction of justice, for lying during the investigation. Despite pleading guilty to two felony counts of obstruction of justice, he received no jail time and only a one-year suspended sentence and a $500 fine. He also lost his medical license, but he had retired nearly a decade. Little is known about his whereabouts now, but he remains a free man. Legal Fallout Following the case of Dr. Cline, in 2019, Indianapolis enacted Senate Enrolled Act 174 which protects individuals and couples against fertility fraud and deception. The law makes it a level 6 felony if someone makes a misrepresentation involving a medical procedure, medical device or drug and human reproductive material. The law also creates a civil cause of action for fertility fraud, making it possible for victims to get reimbursed for the costs of the fertility treatment plus up to $10,000 in damages. The law will also affect health care providers who use their reproductive material without the donor’s consent, or if the doctor uses the sperm or eggs in a manner the donor didn’t sign off on. Recently, some victims/children of fertility fraud also spoke to AAAA surrogacy attorneys at the AAAA conference in May 2023 including Jacoba Ballard who was featured in “Our Father. Dr. Cline’s case is not unique. In 2020, a Texas doctor was under investigation for allegedly impregnating multiple fertility clinic patients using his own sperm instead of the donor sperm they chose. Dr. Kim McMorries of Nacogdoches, Texas had fathered at least seven children of his clinic patients, with an eighth child from sperm he donated while he was medical student. In his defense, Dr. McMorries stated that when this occurred, it was not considered wrong. However, the medical board sought to impose remedies including revocation of his medical license. To prevent this, the doctor filed a suit enjoining the medical board, citing a seven-year statute of limitations while also claiming that the board was being pressured by news coverage. Today, he is still actively practicing medicine. This also prompted the state to pass a law criminalizing doctor using their own sperm to inseminate patients without their consent as sexual assault. Our Take/Conclusion “Our Father” is chilling, cautionary tale which highlights the lack of legal recourse afforded to the children and parents who were victims of fertility fraud. This sort of donor fraud shakes families at the core because it violates the trust patients have in their doctor and the identity of their children. If you are interested in a different kind of documentary, Our Father is worth a watch. The documentary film premiered on May 11, 2022, and has been watched for 42.6 million hours by viewers. “Our Father” also shows us that the rapid development and ubiquity of DNA testing is changing the future of anonymous gamete donations and reminds us the importance to have written contracts in place, and a lawyer experienced and knowledgeable in fertility law to review or draft your egg or sperm donation contracts. Please contact Tsong Law Group for more information.