Search Results

As adoption attorneys, we receive many questions from people looking to adopt children in the United States. Here are some which may be relevant to you: I have been taking care of a child for some time. The parents are out of the picture. Can I adopt the child? Answer: It depends. If you are a relative of the child, you are eligible to adopt the child. If you are not related to the child, you can only adopt the child if (1) you either have the consent of at least one parent or (2) a guardianship has been in place for a year. Parental rights are protected rights. They can only be ended by a petition to terminate parental rights, which is done either by the County or by an individual if they are a guardian, a stepparent, or a relative. I want to adopt a niece or nephew who doesn't have a green card. Will doing so get the child a green card? Answer: It depends largely on the country and the age of the child. If the child is a citizen of a country that is a signatory to the Hague Convention on Adoption, then probably not. You will need to adopt the child in their home country and likely use an adoption agency licensed in that country to actually confer legal status on the child. If the child's home country is not a Hague Convention signatory, the child must be fully adopted before age 16 by a green card or citizen and the adopting individual must have legal and physical custody of the child for two years as adjudicated by a court. When adopting a child from another country, it is a good idea to work with an immigration attorney to make sure the adoption will satisfy USCIS. There are other means to give status to the child who is in the United States if the child is abandoned, neglected or abused in their home country. We can help with that process. How long does an adoption take? Answer: An adoption will usually take at least 6 months, usually nine months to a year. This is the adoptive parents must complete a home study before the adoption finalization hearing will be set. How much does an adoption cost? Answer: Legal fees will vary, but usually less than $5000. Home study fees depend on the type of adoption. A stepparent adoption a home study costs $700. A non-step parent adoption can cost up to $4500. Any adoption other than a stepparent adoption will be eligible for an adoption tax credit on your federal tax returns, currently over $13,000, and can be recouped over three years. So the adoption may end up not costing anything. What is the advantage of adopting a child I have been taking care of like a parent? You will have to answer this yourself, but the child will have a lot of advantages. 1. The child will have the stability of having a parent and they will know the difference whether you are legally a parent or not from seeing how schools and adults act. 2. If something happens to you, the child will be able to receive your estate if you die without a will, and your social security benefits. 3. There are many decisions and privileges that a parent has which a caretaker doesn't. Making medical decisions, enrolling in school, receiving government benefits, visiting in the hospital, having the authority to do things such as apply for a passport or travel abroad without a travel authorization. What if I don't have permanent residency or am not a citizen? There is no requirement you have any particular legal immigration status in the United States to adopt. The agency conducting a home study will not inquire or report your immigration status. There will be a criminal background check as part of your home study and your home will be reviewed to make sure that the living environment is safe and adequate, so if these areas are deficient, you may not be eligible to adopt. Have another question or want clarification? Call us and schedule a consultation. This article is for informational purposes only and does not constitute legal advice, or create an attorney-client relationship.

If you have ever signed for your child, you have probably noticed under the signature line it says “parent/guardian,” but have you put any thought into what it means to be a “guardian”? In general, someone’s guardian is the person who looks after their health, safety, and welfare. Legally, a child’s guardian is someone who has an order from the court granting him/her guardianship of that child. A guardianship grants the adult physical and legal custody of the child. This means that the child is to live with the guardian and the guardian is able to make medical and educational decisions on behalf of the child. A child’s guardian is responsible for providing the child with food, clothing shelter, medical care, and education. A child can have multiple guardians, and the children’s parents remain the child’s parents, but their rights of custody are suspended by the guardianship. This is different from adoption, where parental rights are terminated. Now that you know what guardianship is, let’s get into the reasons why someone would want to obtain one. First, anyone who would like to petition for the appointment of guardianship of a child should have a good reason for doing so. The judge who hears the case will be making his/her decision based on the best interest of the child. If guardianship is not necessary or convenient to the child, the judge will not grant the order. So what are some good reasons for guardianship? The child’s parents are unable or unwilling to take care of the child; The child’s parents are harmful to the child; The child’s parents cannot provide the child with adequate food, shelter, and medical care; The child’s parents are incarcerated, out of the country for an extended period of time, or have passed away. A guardianship of the estate can be obtained if the minor owns or is about to receive property, and a parent may act as guardian of the estate. When a parent is terminally ill and remains a guardian as well. This is called successor guardianship. There could be other reasons for guardianship. If the prospective guardian’s request for an appointment does not show that it is not necessary or convenient for the minor’s benefit, then the guardianship would be denied. Note that parents can consent to the appointment of a guardian, or they may contest a guardianship. If one of the parents contest guardianship, the guardianship will be granted only if the court finds that parental custody would be detrimental to the minor’s interest and the guardianship is in the minor’s best interest. But if the proposed guardian has acted as a stable parent for a significant time period, then a presumption is in favor of the proposed guardian. Parents are entitled to receive notice of a petition to appoint a guardian and the hearing date, and the court will only excuse notice to the parent with a showing that efforts were made to contact the parents. Other second degree relatives such as uncles, aunts, grandparents and siblings, have a right to receive notice of the guardianship hearing as well. A proposed guardian will be subject to interview by either the Department of Children and Family Services if not related to the child, or the court probate investigator if they are related to the child. If you or someone you know is interested in becoming the guardian of a child, our office can help. Please call us to make an appointment. . . . Tsong Law Group, A.P.C. 562-274-7807 info@tsonglaw.com This article is for informational purposes only. It is not intended to be legal or medical advice and does not create an attorney-client relationship.

California is one of a few states in the United States that recognizes surrogacy agreements. A surrogacy agreement is between the intended parents and the surrogate. Under the agreement, the surrogate agrees to be implanted with one or more frozen embryos and carry the fetus (or multiples) to gestation, in exchange for compensation. Under the agreement, the intended parents are recognized as the natural parents of the child, and the surrogate has no parental rights to the child. This is the case even if the surrogate carries a child that is not biologically related to the intended parents. California first recognized surrogacy agreements in 1993, after the case of Johnson v. Calvert. There, the intended parents, who had their own embryo implanted into the surrogate, and the surrogate had a falling out with the surrogate refusing to give the child to the intended parents until she was paid. The intended parents filed a maternity suit to name them as parents. The California Supreme Court held that the issue of maternity turned on the intention of the parties in creating the surrogacy agreement. The contract was held to be enforceable and not against public policy. This case also makes clear that if the intended parents attempt to back out of a valid surrogacy agreement part-way through, their legal status as the natural parents remains intact. Because of the clear recognition of parental rights to the intended parents in a surrogacy agreement, California has been one of the most favorable states for surrogacy arrangements. California’s Family Code was recently amended to recognize “assisted reproductive agreements for gestational carriers.” Under the law, both the surrogate and the intended parent must be represented by separate licensed attorneys of their choosing. The surrogate should not undergo the embryo transfer until the agreement is in place and signed. The good news is surrogacy contracts are presumptively valid under California law. Tsong Law Group is knowledgeable in the drafting and reviewing of surrogacy contracts. If you don’t know where to start, we have contacts to refer hopeful parents to for the assisted reproductive procedures and to find surrogate carriers. If you are looking to refer a surrogate client to an attorney, we can represent a surrogate carrier competently and diligently.

If you are considering contracting with a gestational surrogate to grow your family you probably have a lot of questions. We will try to answer one of the big questions: what should I be looking for in a surrogate? Choosing the right surrogate for you requires a lot of thinking and many steps. It is not as easy as finding a woman who is able to reproduce and willing to carry your baby. There are a lot of other factors to consider. The right surrogacy agency will screen your potential surrogate to make sure she has all the ideal requirements. If you do it yourself, here are some basic considerations. One would be to have a good rapport as you will want to communicate regularly. Characteristics that should not matter are race, physical appearance and height. None of these physical attributes will affect the gestational carrier’s ability to carry your child. Another thing that is very important to ask a potential surrogate about is her reproductive history. Has she been pregnant before? Is she currently raising that child? The answer to both of these should be yes. A gestational surrogate should have experience with pregnancy so that she is comfortable being pregnant again. She should also express that she enjoys the feeling of being pregnant and has not had any previous pregnancy complications. Asking her if she is currently raising her birth child is important for many Intended Parents, so they can find out if she has a strong relationship with her birth child and is not using surrogacy as a way to bond with another child. The second thing that plays a big role in a potential surrogate’s eligibility is age. As many of us know, age is an important factor when talking about our fertility. There are specific ages that science suggests are the best ages to get pregnant. These ages usually fall somewhere in our 20s and 30s. While fertility declines in the thirties, for surrogates, factors such as embryo quality may matter more. For this reason, most Intended Parents seek to find a gestational surrogate that is under the age of 40. Other general things to look for are women who are physically healthy, and preferably with a BMI under 30. An obese gestational surrogate will have lower fertility and it may be dangerous to undergo the procedure. She will go through a physical health screening performed by a licensed physician. Intended Parents should also ask questions about her current financial situation. It is recommended that a gestational surrogate has a steady income and is not on public assistance. A surrogate on public assistance will likely be ineligible after receiving the compensation for surrogacy, and if she continues to use public benefits, it may constitute fraud. A gestational surrogate preferably shouldn’t have a criminal record. As part of the process, she will go through a mental health screening performed by a licensed psychologist. A potential surrogate will need to receive clearance from a licensed psychologist, saying that she is capable of taking part in the surrogacy process. Please note that this article is for informational purposes only, not legal advice, and not intended to create an attorney-client relationship.

I have referred to surrogacy as one thing, but there are two types of surrogacy in California. “Traditional surrogacy” or “AI (artificial insemination) surrogacy” involves situations where the woman agrees to carry the child and also is the egg donor, and the sperm is provided by the intended father or by a donor. (Family Code section 7960.) “Gestational surrogacy” refers to surrogacy in which a woman who is not an intended parent agrees to gestate an embryo that is genetically unrelated to her. While the California Supreme Court recognized in Johnson v. Calvert that a contract for gestational surrogacy was valid and that a gestational surrogate had no parental rights to the child after it is born, contracts for traditional surrogacy which assign parentage to an intended mother or father have been found unenforceable in California because it contradicts existing law on parentage. (See In re Marriage of Moschetta.) The surrogate carrier will be considered the natural mother of the child and she will have to consent to a stepparent adoption by the intended parent in order to relinquish her rights. This is unfortunate because the traditional surrogacy route is much more financially accessible to couples having difficulty conceiving than IVF, retrieving the embryo, freezing, transporting, and implanting the embryo in the womb of the gestational surrogate. The court of appeals in Moschetta observed: "Infertile couples who can afford the high-tech solution of in vitro fertilization and embryo implantation in another woman’s womb can be reasonably assured of being judged the legal parents of the child, even if the surrogate reneges on her agreement. Couples who cannot afford in-vitro fertilization and embryo implantation, or who resort to traditional surrogacy because the female does not have eggs suitable for in vitro fertilization, have no assurance their intentions will be honored in a court of law. For them and the child, biology is destiny." Although the California legislature has defined traditional surrogacy in the Family Code, it has yet to enact law weighing in on court rulings which do not recognize traditional surrogacy. It can be noted that that there are a small number of states where a traditional surrogacy contract may be legally recognized. For example, Florida allows pre-adoption contracts in cases of artificial insemination without reference to traditional surrogacy. However, if you bring a child conceived through traditional surrogacy born in another state to California without an adoption order that can be recognized by California courts, you may run the risk of the traditional surrogate asserting or holding parental rights. As I wrote in the prior blog post “Same sex couples should consider stepparent adoption for children conceived by ART” a finalized stepparent adoption can eliminate any doubts as to parentage of a child conceived through artificial insemination where the natural mother is not an intended parent. If you have had a child conceived through traditional surrogacy, schedule an consultation with my office at Adoption California to determine if a stepparent adoption is your next step.

Interested in being an Egg Donor? Curious about what being an Egg Donor entails? If you answered yes to any of those two questions then continue reading below! What is the egg donation process like? Becoming an egg donor is a big decision that will leave an impact on both the egg donor and the intended parents. Egg donors have different reasons for making their decision; for some it’s about making a difference in someone else’s life, while for others the financial compensation might be the most appealing part. Whatever the reason, egg donation is a beautiful way to help others form a family. Asian egg donors are particularly sought after due to a large number of international Asian intended parents hoping to raise a child of the same racial background. The Application Process The egg donation process involves many steps and can last several months or even years from the initial application. The first step in the process is to apply to be an egg donor. Potential egg donors should reach out to fertility clinics and/or egg donation agencies to ask about their application process. A majority of facilities will have online applications available for those who are interested in becoming egg donors. The donor applications typically ask the potential donor to provide information such as her age, BMI, and details about her overall health. The ideal egg donor will be between the ages of 19 and 29, have a healthy body mass index (BMI), and have no serious health problems. Following the application, selected applicants will have a more detailed assessment done by an assigned case worker or nurse, depending on the type of facility they applied to. It is during this assessment that donors are asked about any drug or alcohol abuse, reproductive history, and any criminal history. This information is used to determine egg donor eligibility. If an applicant is eligible, the facility will start to create her egg donor profile that will be viewed by potential intended parent matches. The donor’s profile will include information such as her eye color, hair color, height, educational background, and other characteristics meant to help prospective parents learn more about her. The Legal Process Once the clinic or agency has a match with intended parents to the egg donor, a legal contract will be drawn up between the two parties. This legal contract will ensure that the intended parents have full ownership of the eggs and custody of any children that born from the eggs, and the egg donor has no responsibility, custody or visitation of the children or control over the eggs retrieved during the process. In many cases, the actual identity of the egg donor remains anonymous, as does the intended parents’ identity. However, the contracts often allow the egg donor to be notified if a child is born from the eggs, and may allow the agency to contact the egg donor if medical information is needed from the egg donor or if there is a hereditary disease that the egg donor may be in a position to assist treatment. Medical Procedure Prior to proceeding, a psychologist or social worker will psychologically screen the donor and a medical clinic will make sure that the donor is tested for infectious diseases, and prepare the donor for the egg retrieval. The egg donor will need to use self-injectable hormonal medicine to help her ovaries create plenty of eggs for optimal chances of healthy egg retrieval. When the doctor believes the donor’s eggs are ready to be retrieved, he or she will surgically remove the eggs from her ovaries. The surgery involves a conscious sedative and typically only lasts a few minutes but the donor will need to rest and recover for a couple of hours. The eggs will typically be frozen and stored at the intended parents’ expense for later use. Compensation In the past, the American Society of Reproductive Medicine guidelines recommended egg donors be compensated no more than $10,000 per egg retrieval cycle. This guidance has been retracted. Repeat or highly educated donors often command more than $10,000. The egg donor will usually receive some medical insurance to cover the egg donation process. Compensation may be paid at the end of the egg retrieval, or sometimes in multiple parts. The egg donor may also receive travel expenses, lost wages, and dropped cycle fees. Can someone donate eggs if they are not authorized to work in the US? The answer is unclear. Income from an egg donor contract has been found as taxable, and if you do not have work authorization, you may be violating the terms of your visa. You should talk with an immigration attorney or a tax specialist. The information provided is intended to give a general idea of what the egg donation process is like. A woman’s experience will vary depending on and the facility she chooses to work with and her personal circumstances. A woman considering donating her eggs should read about the risks and side effects of egg donation, or consult with her doctor. What about private egg donation? Sometimes a friend or a family member will help someone experiencing infertility with an egg donation. This is sometimes called an altruistic egg donation. No egg donor agency needs to be involved in an altruistic egg donation, however, a legal contract between the parties is required. Tsong Law Group handles the drafting of egg donor contracts and representation of intended parents and of egg donors. Interested? If you or someone you know needs a recommendation to an egg donor agency, you can contact Tsong Law Group for a free referral. Simply fill out the form on our contact page! This article is for informational purposes only. It is not intended to be legal or medical advice and does not create an attorney-client relationship.

In the 2023 movie "Good Egg," directed by Nicole Gomez Fisher, viewers are drawn into the world of Jessica Nieves-Sanders, portrayed by Yara Martinez. Jessica, a beloved high school drama teacher in New York City. As Jessica approaches her fortieth birthday, she and her husband Gordon, played by Joel Johnstone, face financial and emotional strain due to their struggles with infertility. After three failed rounds of IVF,  Jessica is presented with the option of egg donation by her doctor, which she initially rejects. In her discussions with her husband, Jessica is opposed to having a donor as the genetic mother. She worries that she will not meet her donor due to anonymity requirements and that the donor is just a piece of paper to her.  Their journey takes an unexpected turn when Jessica intervenes two men harassing a young woman, Bridget Garcia, portrayed by Andrea Londo. Bridget, in need of quick money , overhears Jessica and her husband discussing a donor and tells Jessica that she can be her donor. She describes it as an opportunity to "pay it forward" and offers a lower cost than having an anonymous donor from a clinic.  Jessica agrees to meet Bridget to discuss it further but their meeting goes wrong as they both end up kidnapped by the two men who were harassing Bridget in the alleyway. As Jessica tries to escape, her husband Gordon embarks on a mission to rescue her using his IT tracking skills and his fondness for magic tricks.  When they finally reunite, they face new challenges as both have to escape their captors with their lives. ART Realism The beginning of "Good Egg" is fairly realistic in depicting reproductive failure and loss, and how the grief can be experienced differently by a couple. The discussion between the doctor, Jessica, and Gordon about egg donation is exaggerated but has some realistic aspects. Jessica and Gordon, like many couples, disagree on how they view egg donation. Jessica’s concerns are reflective of women who worry about aspects of egg donation, including feeling like she is being replaced. However, when Jessica stated to her husband Gordon that she does not want a “stranger” to be the genetic mother, she is making an inaccurate assumption. The decision-making process for egg donation varies between cases as some are anonymous while others are disclosed. Many egg donation agencies facilitate communication between donors and recipients during the match. Jessica feared that she would be deceived by the egg donor for “who they truly are,” but agencies thoroughly screen donors for psychological and physical health. Also, Jessica’s assumption that the genetic mother would be a stranger is false because there can be known donors like a family member. Jessica and Bridget’s meeting to discuss egg donation was not an accurate depiction of the process. She requests for the money upfront after writing how much she wanted on the napkin. It would be foolish for Jessica to accept because donors are not fully compensated before any medical clearance or procedures take place. It is crucial to note that egg donation is not a quick process where the intended parents can hand over money at the first meeting. It involves several steps, including medical and psychological evaluations, legal representation for contracts, genetic screenings, and medication protocols, which typically span months before the retrieval procedure takes place. This comprehensive process ensures the safety and well-being of both the donor and the recipient, as well as compliance with legal and ethical standards regarding compensation and donation. It would also be advisable for Jessica to consider all her options before meeting with Bridget, though she had no reason to expect a kidnapping to occur. If money and knowing the donor were the biggest issues to her, her younger sister would have been an obvious consideration as a donor. Jessica ended up meeting Bridget without exploring the egg donation process, where she would learn there are many agencies with donors that she could have contact with during and afterwards. Fertility clinics provide comprehensive support and guidance to assist patients in making well-informed decisions based on their unique circumstances and preferences. Is there any depiction of the legal process of egg donation? There's none. After the meeting with Bridget, Jessica is kidnapped and the movie turns from a comedy-drama into an action-comedy. So no lawyers are involved as the egg donation process does not get further than the match meeting. Is it worth the watch? In the first act, "Good Egg" skillfully addresses sensitive topics like fertility struggles and alternative methods of conception with both humor and sensitivity. The second act, the movie takes a broad turn and focuses on the efforts of Jessica to escape and Gordon to find her. The third act, when they are both trying to escape, gets a bit unrealistic and cheesy. If you were like me, you may find the conclusion puzzling because it never reveals how Gordon and Jessica completed their family building. This might disappoint some, but thanks to a good effort by the main characters, it is a watchable popcorn movie In summary, "Good Egg" gets three-star rating for its frenetic storyline, impressive performances, and its alternate take on egg donation. It’s worth a stream and as of this writing it’s currently free on Amazon Prime Video. If you or someone you know is considering egg donation as a way to start a family, our legal team is available to provide guidance and support. Reach out to us today for assistance.

Embryo donation, sometimes called embryo adoption, is a process where individuals or couples who have undergone in vitro fertilization (IVF) and possess surplus frozen embryos choose to donate their embryos to others. In some cases, a partner may wish to donate his or her joint interest in embryos they created with their other partner, so the other partner has the sole parenting rights and determines the disposition of the embryos. Embryo donation follows certain rules laid out in a legal document called an "embryo donation agreement." This agreement outlines the rights and responsibilities of both the people donating embryos and those receiving them. It serves as a guide, clearly defining the terms and conditions for the transfer of frozen embryos, ensuring that the parties’ parental relationship to the embryos and their intentions moving forward is clear. Here are some important points covered in the embryo donation agreement: The Parties’ identities: The agreement includes the names of both parties, the donor(s) and the recipient(s), unless they opt for anonymous donation. An anonymous donation will omit names to respect privacy preferences. Costs: While donors are not paid for the donation of embryos as the embryos are already created, the donors may have some costs that they request payment from recipients, such as their screening, attorney fees, and storage fees. The costs section will also make it clear the recipients are responsible for future medical expenses relating to the storage, shipment, and IVF cycle. Disposition of Remaining Embryos: This part of the contract discusses what happens to any leftover embryos after the recipients have finished their family-building process. Unlike egg donation agreements, where the donors usually have no right to claim the gametes back, embryo donations offer options including donating them back to the donors, whether they may be donated for research, to others, or disposed of based on the donors' wishes. Parentage and Legal Rights: The embryo donation agreement establishes that once the agreement is signed, the recipients will be the legal owners of the embryos and legal parents of any resulting child born from the embryos. This transfer of parental rights from the donors to the recipients is irrevocable, meaning that the donors shall not make any claim to the child and the recipients shall not assert that the donors have any responsibility. Medical and Psychological Screening: The agreement may include provisions for screening the health and psychological well-being of both donors and recipients. This helps assess their suitability for the embryo donation process and ensure the parties understand the possible psychological risks. Future Contact and Information Sharing: Most embryo agreements discuss the possibility of future contact between donors, recipients, and any resulting child and genetic siblings. This section will outline the extent to which information of the parties may be shared by others, and the expectations for ongoing communication. Some donations opt to remain anonymous but have the choice for future communication through a donor portal. In conclusion, these are the key components of the embryo donation agreement to ensure a smooth and ethically sound embryo donation process. A well-drafted contract will provide transparency and expectations for all parties before starting the process. With the help of separate legal representation, the embryo agreement can be enforceable, protecting the interests of everyone involved. If you're planning to engage in an embryo donation or need assistance in an embryo donation in California, New York, Illinois, Washington, Arizona, or Oklahoma, the attorneys at Tsong Law Group are licensed to practice in these states. We can assist with reviewing or drafting your embryo donation agreement, explaining relevant laws, and offering legal advice. For more information, contact us now.

Diana Olmeda’s The Surrogacy Blueprint is a roadmap for those exploring surrogacy or considering becoming a surrogate. This guide goes in depth through the stages and complexities of surrogacy, legal intricacies, and personal considerations, making it an indispensable resource. Olmeda begins her guide through pivotal historical moments that make modern surrogacy possible. She highlights the first compensated surrogacy agreement was executed in 1980. The high-profile 1986 Baby "M" case provides historical context for the necessity for clear regulations in surrogacy. This case involved a couple going through traditional surrogacy where the surrogate used her own egg. After the surrogate wanted to take the baby as her own, the parties entered into a long legal battle. The intended parents aimed to gain parental rights over the child. Olmeda uses this case to guide the chapter to why so many opt for a surrogate process that does not use the surrogate's own egg and the need for clear outline of expectations. The book includes Olmeda’s personal experiences as she opened her own surrogacy agency and has been a surrogate twice. It explores the qualities that make a great surrogate and emphasizes the vital role of medical testing to ensure surrogates will carry out a healthy pregnancy. She discusses what intended parents should consider when choosing a surrogate so that a match is compatible and does not fall through. The helpfulness of this guide lies in her recognition that every surrogacy journey is unique. Olmeda acknowledges that intended parents can forge their own route or utilize an agency. This guide is great in acknowledging the individuality of each surrogacy journey, empowering readers to tailor their path to match their unique circumstances and preferences. This perspective elevates the book from a mere guide to a versatile compass for those embarking on the intricate and personal adventure of surrogacy. Beyond explaining the roles of a surrogate and intended parents, I found it insightful that Olmeda touched on how health insurance policies shifted their views on surrogacy. She states that years prior, health insurance companies would treat surrogacy like a regular pregnancy and cover medical expenses and delivery costs. However, these companies faced high costs from covering preterm deliveries with twins and implemented surrogacy exclusion languages in the Explanation of Benefits. It is important for surrogates and intended parents to analyze the policies of a surrogate's medical insurance because there might be an "insurance lien." Insurance liens allow these companies to recoup the money they paid out on behalf of the surogate. Olmeda criticizes this new policy that some companies have implemented in 2016 as intended parents already pay high costs in other areas of the surrogacy journey. Olmeda stresses the importance of well-crafted, attorney-reviewed agreements to prevent potential issues. The organized content ensures that the reader is guided through each aspect with clarity. Overall, we recommend The Surrogacy Blueprint as a helpful resource for all parties involved in a surrogacy journey. For more information about the legal aspects of surrogacy, contact us now.

A Pre-birth Order, often called a "PBO," is a legal petition filed in court that requests the court rule that the intended parents are the legal parents of the baby carried by a pregnant gestational surrogate. This happens before the baby is born. On the other hand, a post-birth order is a similar court process, sometimes started before birth, but it is a process where the court grants the legal parentage judgment after the baby is born. When your lawyer or agency says, "We are preparing the PBO," they mean they are preparing the necessary legal parentage pleadings to file with the court. The term "pre-birth order" can refer to the actual court decision, but it often refers to the paperwork setitng that up. When a pre-birth order is signed by the court, it is sent to the hospital, accompanied by a letter from the attorney stating that the intended parents should be acknowledged as the legal parents in the surrogacy case. The judgment also states that  the gestational carrier and her spouse will not be listed on the birth certificate or have any legal rights over the child. With this order, the intended parents can complete the birth worksheet or birth certificate, officially listing them as the parents on the only birth certificate for the child. In contrast, post-birth orders are granted after the baby is born. In some states, this means the birth certificate might name the gestational carrier as the mother. The post-birth order will order the state’s department of health to seal the original birth certificate and issue a new one, officially recognizing the intended parents as the legal parents of the child. Whether a pre-birth or post-birth order will be requested depends on the laws and courts of the surrogate's state. In some states, like Washington, California, and Oklahoma, the courts issue pre-birth orders. In these states, the court declares the intended parents as legal parents before the baby is born. On the flip side, other states like Texas and Florida are post-birth order states, where the legal judgment does not issue until after the baby is born. It's crucial for your lawyer to know the parentage process in the state of the surrogate. Other states like New York and Illinois have administrative processes that allow issuance of birth certificates in surrogacy outside going through a court proceeding. However, if the intended parents need a court judgment affirming their parental status, they can pursue a post-birth judgment in Illinois or a pre-birth order in New York. Is there a disadvantage to using a pre-birth order or post-birth order? In most cases, there's no real downside to choosing a pre-birth order or post-birth order state. The result is the same: the birth certificate reflects the intended parents as the legal parents, not the surrogate. This is a consistent outcome in both types of states. For some international intended parents, there may be different requirements or needs for a pre-birth or post-birth order. For some intended parents, having a pre-birth order may be helpful for obtaining a visa; this was the case during COVID-19 times when certain travelers could not obtain visas to the US. In France, a post-birth order is required to recognize the parentage, so in pre-birth order states, a second order is requested. Tsong Law Group’s attorneys are well versed in preparing pre-birth and post-birth orders. Connect with the expertise of our experienced attorneys licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. Contact us now for your surrogacy legal needs.