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

One of the most common questions surrogates have is who to pick as their surrogacy agency. The agency you choose will be with you throughout your journey, from the point of matching with intended parents, through post-delivery and making sure your bills are paid for. Picking the right surrogacy agency is very important, but there are so many agencies and if you’re a qualified surrogate they will be doing their best pitch to have you join them.  How do you tell them apart?  Here are three factors you should consider.  Agency Longevity and Reputation  The length of time a surrogacy agency has been in business tells you a lot about their experience and stability. Agencies that have been around for many years have likely navigated almost any imaginable surrogacy situations and will have a track record of successful journeys. When researching a surrogacy agency, look for those with a proven history of having years of experience in the surrogacy industry. When considering newer agencies, you will want to look at the experience and background of the owners and their managers. Were they previously owners, directors or case managers at successful surrogacy agencies?  Reviews and reputation  These are also important. Look beyond the testimonials and reviews on their website and seek out independent reviews from past surrogates. Note that most agencies provide referral fees for surrogates, so take unsolicited agency recommendations with a grain of salt. Is the person who is referring to an agency just out to get a referral fee? Some recruiters have no experience with the agency they are recruiting for. And just because someone has multiple recommendations, is that just a sign that the agency is larger or has more recruiters? If they are getting a referral fee, should they disclose it and split with you?  Google and other online reviews can be revealing. An agency with consistently positive reviews from surrogates is a good sign, but be aware that reviews can be faked or bought outright, so pay attention to detail in reviews regarding communication, support, and overall experience, and consider contacting the reviewer or asking for references. Signs that An Agency Is Ethical and Will Support You Ethical, supportive surrogacy agencies prioritize the wellbeing of surrogates and maintain high professional standards. Key markers of an agency that will support you and be ethical include: Membership or leadership in professional organizations like SEEDS (Society for Ethics in Egg Donation and Surrogacy). Transparency about who owns or runs the agency. Screens their intended parents’ with criminal background checks and psychological consultations. Offers monthly support groups and psychological counseling throughout pregnancy and postpartum Has a track record of continuing support to ensure your medical bills and expenses will be paid for after the journey is over. Surrogate support  goes beyond just medical coordination. The best agencies provide comprehensive support that includes mental health resources, postpartum care, and ongoing communication. It may include flexibility to include special requests like a doula or midwife.  They should have dedicated support staff who understand the unique emotional and physical challenges of surrogacy. While all agencies should have stories of their successful journeys, one thing that can differentiate agencies is their approach to problems along the way. You should want to know what would happen if intended parents disappear or stop funding the journey , or if you have a late lien or medical bill that is left unpaid? Or what if there were problems with the escrow company ? What if your intended parents are rude or micromanaging? What is their approach? Have they handled or do they have a plan for these possible scenarios? Autonomy in contracting, decision making, and compensation Autonomy  is critical in any surrogacy journey, and a good agency will give you autonomy and respect. They should never pressure you into medical procedures such as risky multiple embryo transfers or lifestyle choices that make you uncomfortable.  The benefit package structure should be transparent, with compensation, additional allowances, and payment schedules clearly spelled out and better yet, they allow you to choose your compensation, even if they do suggest what their experience is with the market.  You should always have the right to choose your own attorney, and the agency should support your choice of independent legal representation  in your state. Your attorney should represent only your interests and not be beholden to the agency or the intended parents. The agency should also not pressure you during the legal phase to accept the contract or withdraw your redline changes.   Lastly, your agency should not require you to sign a non-compete or exclusivity agreement, or an agreement that prohibits you from speaking about your experiences with the agency, or that makes you financially liable for costs if you need to withdraw from the process. These agreements are meant to lock you in with an agency, when the agency has to build a relationship of trust. You cannot be bound to agreements to not work with the agency on a subsequent journey or be liable for breaking that.   Conclusion  Choosing the right surrogacy agency  is a deeply personal decision. Take your time, do your research, and ask plenty of questions. At Tsong Law Group, we specialize in surrogacy law and representation. We work in a collaborative fashion, and can schedule a review for a surrogacy contract right away, with times convenient to you. With over 110 five star reviews, Super Lawyer distinction, and thirty years of experience, our attorneys can review your agreements, explain your rights, and ensure you're protected throughout your surrogacy journey. We're committed to supporting surrogates and intended parents with compassionate, expert legal guidance. Disclaimer: This article provides general information and should not be considered legal advice. Laws regarding surrogacy vary by state and change over time. Please consult with a qualified surrogacy attorney for advice specific to your situation.

Are you ready to start your surrogacy journey? How Birth Certificates Work for Same-Sex Parents — and Why Your Lawyer Matters Introduction For same-sex couples and parents, a birth certificate isn’t just paperwork—it’s a legal shield . But recognition can depend on your relationship, how your child was conceived, and which state you’re in. In this guide, Tsong Law Group explains what same-sex parents need to know about protecting their rights—before and after the birth. Understanding Legal Parentage and Birth Certificates A birth certificate reflects who a state recognizes as the parents. In some states, the markers are Father/Mother and Mother , in others like California, they may be Father/Mother/Parent . In some states you can even have more than two parents. To get on a birth certificate as a parent, you can give birth, be married to someone who gives birth, sign a declaration of parentage, or in a surrogacy birth, have a parentage judgment. You can also adopt a child to get named on the birth certificate, or file a parentage action if you have a genetic relationship. In the past, some avenues were only available to heterosexual couples.  Two major U.S. Supreme Court rulings have changed how states must treat same-sex couples: Obergefell v. Hodges  (2015) established nationwide marriage equality. This means married same-sex couples must be given the same rights and responsibilities—including parental recognition—as heterosexual couples. Pavan v. Smith (2017) clarified that states must list both spouses as legal parents on birth certificates for children born into a marriage, regardless of gender. What to Expect Based on Your Situation Every family forms differently—but legal systems often default to assumptions rooted in biology or heterosexual marriage. Here’s what to anticipate based on your specific relationship and parental role: If You’re Married: Automatic Recognition : Most states, including California, automatically list both spouses on the birth certificate when the child is born during a legal marriage. Equal Rights Without Court Action : You’re generally treated the same as any heterosexual couple at the hospital and vital records office. Legal Reinforcement Optional but Wise : Many couples still choose to pursue a confirmatory adoption , which is a court order that confirms the non genetic parent as a parent, or sometimes in the case of reciprocal IVF (where one partner carries the embryo of with other parent’s genes), for both parents. This can be a prudent precaution if they plan to live abroad, move to a less-friendly jurisdiction, or want added security for school or healthcare decisions. If You’re Unmarried: In California and states where parentage statutes have been updated post Obergefell : You may be able to sign a Voluntary Declaration of Parentage (VDOP) at the hospital, immediately establishing both parties as legal parents without court involvement. In Less Supportive States : You could be required to initiate a court parentage order or adoption before your name is recognized. If You’re the Non-Biological Parent Your legal standing may not be automatic unless you're married and in a state that recognizes spousal parentage presumptions. You may not be listed without legal action. Second-parent adoption is common. This formalizes your legal relationship with the child and is recognized nationwide. Court-issued parentage orders add protection. These may be easier than adoption in some cases and affirm your rights in custody, benefits, and inheritance matters. Planning ahead is key  particularly if you’re expecting a birth via surrogacy or ART, it’s best to have your paperwork in motion well before delivery day . Using Surrogacy? Know the Legal Layers For many LGBTQ+ families, gestational surrogacy  is how the journey to parenthood begins. But the legal process isn’t uniform across the country. Whether you’re working with a surrogate in California , New York , Illinois , Washington , Arizona , or Oklahoma , your surrogacy plan needs legal guidance tailored to your state’s laws. Some states—like California, New York, and Illinois —allow you to secure a pre-birth parentage order  before the baby is born. Others—like Oklahoma —may require additional steps after delivery to establish legal parentage, while Arizona requires an attorney who is experienced in the jurisdiction to ensure the birth certificate issues correctly. And even within surrogacy-friendly states, the specific documentation and hospital protocols vary. Surrogacy isn’t just medical—it’s legal. Early planning with a surrogacy lawyer licensed in your state  is key to avoiding last-minute complications. Key Legal Tools for Surrogacy Pre-Birth Orders (PBOs) : In surrogacy-supportive states like California, New York, Illinois, and Washington, courts allow intended parents to secure a parentage judgment  before the child is born. This ensures that only the intended parents—not the surrogate—appear on the birth certificate. Post-Birth Orders or Confirmatory Adoptions: In states like Texas or Florida, legal parentage may need to be confirmed after birth. A court-issued order or adoption—especially for non-genetic parents—can secure full legal rights. Hospital Coordination: Regardless of state, one of the most important steps in your surrogacy journey is coordinating with the hospital. Your attorney will help ensure delivery staff are briefed and ready to follow the legal instructions at birth. Spotlight on States Surrogacy Laws States like California, New York, Illinois, and Washington  have built surrogacy laws with LGBTQ+ families in mind. They make it easier to establish legal parentage from the start—often without requiring the parents to appear in court. Automatic Recognition for Married Parents: If you're married at the time of your child’s birth through surrogacy, states like California and Illinois often recognize both spouses as legal parents by default. Pre-Birth Orders Simplify Everything: In California, New York, Washington, and Illinois, courts routinely issue pre-birth judgments. That means your legal parentage is settled before delivery, minimizing uncertainty. Gender-Neutral Birth Certificates: You can choose “Mother,” “Father,” or “Parent” on the birth certificate—based on your role and identity. Uniform Parentage Act (2020 Update): Several of these states have adopted updated versions of the Uniform Parentage Act , which account for surrogacy, donor conception, and non-traditional family structures. ✅ Checklist: Is Your Surrogacy Plan Legally Secure? ☐ Are you in a pre-birth order  state, or will you need a post-birth court filing? ☐ Has your legal team coordinated with your delivery hospital? ☐ Will both intended parents be listed on the birth certificate? ☐ Is your parentage backed by a court-issued judgment or legal adoption? ☐ Do you understand your specific state’s surrogacy process? Clearing Up Common Surrogacy Misunderstandings Myth: The surrogate goes on the birth certificate. Not true in surrogacy-friendly states like California. With a valid pre-birth order, only the intended parents are listed —never the surrogate. Myth: Being genetically related guarantees legal rights. Genetics alone don’t establish legal rights. Without a court-issued parentage judgment or adoption, your legal connection may not hold up—especially in more restrictive states. Myth: All states treat surrogacy the same. They’re not. While some states, like New York or California, support pre-birth orders, others require extra steps after birth for non-genetic parents—or don’t formally recognize surrogacy at all. Myth: Married couples are automatically covered. Marriage helps, but it’s not a guarantee. Even for married couples, a legal judgment adds an extra layer of protection—especially when dealing with schools, travel, or cross-state documentation. Remaining Legal Gaps and Real-World Challenges Despite progress, intended parents still encounter obstacles: Some hospitals aren’t familiar with surrogacy-based parentage orders. Unmarried couples may need extra documentation to secure full recognition. Birth certificate policies can still vary state to state—even within the U.S. More Than Paper: The Emotional Impact of Legal Recognition For many same-sex parents, legal recognition isn’t just a formality—it’s a profound affirmation of their role in their child’s life. Validation:  When your names appear on the birth certificate, your parenthood is affirmed—not just personally, but legally. Security :  Whether it's for school enrollment, medical care, or family travel, a court-backed birth certificate removes doubt and protects your role. Final Thoughts and Next Steps Whether you're drafting your first surrogacy agreement or preparing for your child’s arrival, securing legal parentage is essential. A court order, a coordinated hospital plan, and a well-timed strategy can ensure your rights are protected from day one. Need help? Let Tsong Law Group  guide your surrogacy journey—so your family is recognized everywhere that matters. Helpful Resources Contact Tsong Law Group – Licensed in CA, NY, IL, WA, AZ, OK. Vital Records Offices in your state for forms and guidance. Fellow of AAAA and ACAL , two invitational organizations for ART attorneys. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship with the reader.

If you are venturing into surrogacy, one of the first steps is to find the right agency as an intended parent for a smooth process. Agencies play an important role in the surrogacy process. First, they can help you find the right professionals, such as the right clinic, attorney, insurance broker, and psychotherapist. Second, they find a surrogate for you and facilitate the match process by providing the match terms and coming to a handshake agreement prior to legal contracts. After legal contracts are signed, they will monitor the journey and help iron out issues that may arise during the surrogacy process. They offer a first point of contact and information for you to navigate a complex and unfamiliar practice. With the agency’s knowledge and experience, you, as an intended parent are able to maintain your regular lifestyle while preparing for the arrival of your child. In this article, we discuss tips on choosing the right agency for you. 1. WARNING SIGNS As attorneys for many intended parents, we are often asked what are the red flags about agencies. One would be lack of a corporate structure or identity. When you receive an agency agreement, the agency name is listed, and it should identify is a corporation or limited liability company. Corporations and limited liability companies are registered to do business in a state. If they are not registered under the secretary of state of their state under the name of the company, then must be registered as a fictitious business name in the county. If neither shows up, then that’s reason for concern. If there is a dispute with the company down the line, you need to know who you have contracted with. Another warning sign is if the agency does not allow you to choose your own ART attorney. The choice of your own attorney is important. Your own attorney is independent and represents you, he or she should not be exchanging money with the agency for the referral or otherwise serving as an attorney for the agency, as this is a potential conflict of interest. Some agencies will allow you to choose your attorney but include a prepayment for their own attorney in your agency fees. This is effectively the same thing as not giving you a choice because it makes you pay a second time for outside counsel. If you don’t have an attorney, the agency should provide multiple names for potential attorneys and you should be able to research and determine their qualifications or bring your own lawyer who is qualified to draft the contract. A third red flag is if the agency themselves that hold the funds for the journey. In California, escrow is required to be held by a third party other than the agency. Other states may not have this requirement, however, in the event of a dispute between you and the surrogate, problems may arise when the agency, who is your agent, is holding escrow. There have also been cases in which an agency is not holding escrow properly and then disappears or collapses, leaving multiple families in the lurch. While lawyers can be subject to discipline, and escrow companies have bonds that can protect in the event of losses, agencies do not have these protections. 2. AGENCY QUALIFICATIONS With the red flags out of the way, you now need to distinguish between qualified agencies. When you are interviewing an agency, you will want to know about history and experience, matching time, agency fee and the structure of fee (including rematches and refunds), duration of the agency service agreement and the price for extending that time, and references. After your interview, you will want to review the agency agreement. You can ask your lawyer to review it with you. The lawyer can comment on their knowledge and experience with the agency. The agency should provide references of intended parents, former surrogates, professionals in the industry. It is also important to make sure your agency has a track record of successful journeys. Note that there will always be newer agencies which may still be trustworthy, at a minimum these agencies should be run by people with experience working at an agency or having been through multiple journeys. 3. DOES SIZE MATTER? Surrogacy agencies range from a single person to large companies with multiple locations. While a larger size agency might be more established and have a lot of resources, a small agency can have benefits too such as fewer intended parents competing for surrogates. You will want to find out about the recruitment and screening processes of the agencies. Usually, the best agencies take into account factors such as your personality, expectations for the journey, and the level of communication desired. It is also essential that an agency’s staff have good experience and a rapport with you because they will be the one who manage your case and should be looking out for your best interests. Be sure to review what services the agency offers; some surrogacy agencies offer limited services after the match, which means they might facilitate the matchmaking between surrogates and intended parents, but will charge extra or won’t normally assist with the appointments of the surrogate. 4. THE OPINIONS OF THIRD PARTIES Be careful of agencies whose packages seem too good to be true. Third parties such as lawyers, doctors, and former intended parents can be extremely helpful to get a first-hand account of the agency. Don’t be afraid to ask to speak with someone who has worked with the agency before. At the very least, an agency should provide you with the opportunity to read or watch testimonials from past intended parents and surrogates. A positive indication for an agency is that they are in professional industry groups like SEEDS, ASRM, Resolve, and Men Having Babies. You can go one further and contact the organization to see if they are an active member, or just paying dues for the membership affiliation. CONCLUSION At the end of the day, you should research multiple agencies online, talk with trusted professionals, and interview potential agencies to find the best fit. The final decision of your agency is just the start of a long journey towards parenthood. Contact us a surrogacy lawyer now for more information. 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.

If you are considering surrogacy in California, it is one of the friendliest states in the United States and the first to recognize parentage through gestational surrogacy. However, before the actual embryo transfer procedure can take place with the surrogate, there are legal requirements that must be met with the surrogacy contract. California law requires the following: The parties need to have a separate independent counsel of their own choosing. The intended parents must be identified; they may not be anonymous. The intended parents must state the source of the gametes (egg/sperm/embryo) (their own or from a donor). The name of the donor does not need to be listed. All parties must sign the agreement before a public notary or international equivalent before starting injectable medication or the embryo transfer procedure. (Note, ask your attorney if a web notary is ok, as this may cause issues for some courts.) There must be an explanation of who is paying for the medical expenses of the pregnancy and of the child, and a review of the surrogate’s insurance policy if any. If there is a third-party facilitator (i.e., a surrogacy agency), then the funds must be held in an independent escrow account or in an attorney’s trust account. Satisfying all the requirements will allow the attorneys to seek a “Prebirth Order” (also known as a PBO) or a Judgment of Parentage. A certified copy of the Judgment of Parentage will be recognized by hospitals in California and by California Vital Records. Satisfying all the requirements will allow the attorneys to seek a “Prebirth Order” (also known as a PBO) or a Judgment of Parentage. A certified copy of the Judgment of Parentage will be recognized by hospitals in California and by California Vital Records. The judgment may be recognized in other states if the surrogate lives in another state, though not every state. In California, the original birth certificate will list the intended parents as the parents and not list the surrogate’s name on the birth certificate. Consult with a lawyer who has specific experience in surrogacy to ensure a seamless process. The attorneys of Tsong Law Group have extensive experience in the niche field of surrogacy law. Don’t forget to tune in to our blog every Thursday for discussion of surrogacy agreement requirements in the states of NY, IL, WA, AZ, NY, and OK. 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.

Egg donation, also known as oocyte donation, is a form of in vitro fertilization (IVF) that uses the eggs that are retrieved from a third-party donor. The eggs retrieved from the donor are immediately put in the possession of the recipient/intended parent who can either use the eggs and fertilize them right away, or freeze them for future use. Donors may be compensated for their pain and discomfort and inconvenience. The process also gives an opportunity to infertile couples, same-sex couples, and singles who desire to have a child. Egg donation may be undertaken with directed (known) or non-identified (anonymous) donor. In 2005, the US Food and Drug Administration (FDA) issued requirements for egg donors which include the following: A physical exam A donor questionnaire Testing of the donor at an FDA-approved laboratory 30 days before, or up to 7 days after, the egg retrieval for the following: - Gonorrhea and Chlamydia vaginal or urine cultures - HIV-I and HIV-II - Hepatitis B surface antigen and Hepatitis B core antibody - Hepatitis C antibody - RPR If testing is not completed prior to retrieval, the eggs will be frozen and quarantined. In addition, there are also requirements in terms of eligibility. According to American Society for Reproductive Medicine (ASRM) guidelines, egg donors must be of legal age in their state and preferably between 21 to 34 years old. Regardless of age, she must undergo a psychological evaluation by a qualified mental health professional and the decision to proceed with such donor will be determined on an individual basis. Meanwhile, if the donor is 34 years old, it is important that her age is disclosed to the recipient as part of the informed consent discussion concerning the risks and the effect of donor age on pregnancy rates. Furthermore, the ASRM also provides that egg donors should be healthy and have no history of hereditary disease. ASRM also recommends a pelvic ultrasound for the assessment of pelvic anatomy including the ovaries for a follicle count, and measurement of ovarian reserve serum biomarkers to anticipate the response to oocyte stimulation medication. Psychoeducational evaluation and counseling by a qualified mental health professional and legal consultation is strongly recommended for all donors. In addition to FDA requirements, here is an overview of the ASRM recommended procedures: Psychoeducational counseling Genetic screening Medical history Infectious disease testing of recipient and recipient's sexually intimate partners Legal consultation for the donor, especially if the donation is to an individual not to a bank. There are two types of egg donation procedures. If the directed donor tests positive or demonstrates a risk of communicable diseases, they are not prevented from participating in the process of directed donation, as long as the parties are aware of the donation’s risk and there is a consent to proceed with the donation. Meanwhile, they can no longer be eligible for non-identified or anonymous donation. ASRM recommends that donors may only donate up to six times. This limitation is per egg donor in her lifetime, and not per clinic. The egg retrieval procedure does not appear to have long term side effects, however, the limitation is intended to prevent any negative health impact or consanguity to prevent intermarrying of donor conceived children from the same donor. The ASRM recommends attorney representation for directed egg donation. If you need help with egg donation, don’t hesitate to contact us now. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

Ellen Smith is a mother, adoptee, surrogate, and podcast host who has dedicated much of her life to helping others grow their families. In this interview, Ellen shares how her own adoption shaped her, what it was like to carry triplets as a surrogate, and how her daughter’s interest in surrogacy sparked the creation of their podcast, Stop.Sit.Surrogate . Q: Can you tell us about your surrogacy journeys? A:  I carried a single baby for the first journey, then triplets, and finally twins: all three for gay couples. I did them in 2000, 2001 and 2005. So, basically, in a span of 5 years I did three surrogacies to help create other families, which was a lot. I didn't really realize we were going that fast, but I was older when I started, so I wanted to get as many in as I could. Back then, things were so different. There wasn’t a lot of information or support. Everything was in-person, and only a few agencies worked with same-sex couples. The triplets were a tough one. The agency really pressured us to reduce the pregnancy, but we said no. We talked to a great doctor at UCI who reassured us we could do it safely. I carried all three to 32 weeks. They’re all in college now! Q: How did you first get interested in becoming a surrogate? A : Being adopted had a huge impact. I found out when I was 8. My parents sat me down on our green couch and told me, and I just said, “Can I go play?” They were my parents. That's the only parents I knew. I had a whole extended family from that. I had a brother. I had a sister. We were all adopted from different families. None of us are related. Growing up I didn’t look anything like my family: I had these bright blue eyes and dark hair. That's the family I knew. Around middle school, when I was trying to figure out my identity, I started to wonder why I looked like this, but it was never really an issue. It didn’t really sink in until I had my own kids. When I had my son, I looked at him and went, "My god, that's my nose." It was just this light bulb and I was like, " I have to do this." Before I married my current husband, I told him, “I need to do this. It’s called surrogacy. And once we’re done having kids, I have to do it.” Five years later, our family was complete, and I brought it up again—but he wasn’t on board. I hate to say it, but it almost caused us to separate. It was that important to me to allow somebody who wanted a biological child to have one. Q: Tell us about your reunion with your birth mother. A : Yeah, it was crazy. The Internet wasn't really big back then. I got a letter at work from the Social Security office with all of my names on it: my first married name and my second married name. I'm like, “This is weird.” So I ripped it open, thinking I'm probably getting some money or something, but instead it’s, “The Social Security office has agreed to send this on our behalf.” It was from an agency from Philadelphia called Catholic Society. And it said, "There is someone who is looking for you. Please contact us.” I was in California. They were in Pennsylvania. It was 3 PM in California when I got this letter. I couldn’t call anybody because they were closed. It was 6 PM over there. So, I was up the whole night wondering, “What is it?” Didn't sleep a wink. I immediately left work and went to my mom's house—the one who raised me—and said, "Here's a letter. This is what I got." And she said, "It's about time." I always said I wouldn’t go looking for my birth mom, but if she looked for me, I’d be open. And she did. She reached out through the adoption agency after losing her husband. We had to send letters back and forth through the adoption agency so that they could scan the letters, make sure they were appropriate, and they would mail them on. (What an invasion of privacy!) It was standard practice back then because it had been a closed adoption.  We had to do that for six months and we couldn’t even exchange phone numbers. When they finally said we could exchange phone numbers, we did. We called one another and I flew to Pennsylvania. I took a redeye and we met for lunch. I brought a big book of all my baby pictures because I thought that maybe she would want to see. She had never seen me, not even once, or ever held me. So I took the book and we met and it was like looking in a mirror. It was weird. Same high cheekbones, same nose, even our hand gestures were the same. I hate to say it, but we have the same hips. They're great for birthing babies. We stayed close for 17 years until she passed away. I did the eulogy at her funeral. Q: How did your adoptive parents react to you meeting your birth mom? A : When I first received that letter, she was full-on supportive. “Do it.” My dad had passed already, so she was all, "Yeah, do it. You have to. You'll regret it if you don't search this out.” I found out later that she was very heartbroken that I didn't invite her to go meet my birth mom. It was a very private thing. I had to do that alone. I didn't even take my husband. He went with me to Pennsylvania for support, but he didn't go to the meeting. She needed to work through that. Eventually, she did and they actually met and became little writing buddies. They would write back and forth. It was really sweet. They were friends for about a decade. Q: Your daughter Kenedi is also a surrogate. How did you feel watching her surrogacy journeys? A:  Kenedi was five during my first journey and six when I carried the triplets. That's the one that sparked her interest. She was a little mature for her age, so she understood it. The dads were amazing—they came to visit, took us out, and made my kids feel included. Kenedi remembers that the most. When I was very, very big with the triplets, people would ask, "Are you excited to have a new baby brother or sister?" and she would respond, “They’re triplets and they’re not ours.” People would just go silent. She got a lot of shock value out of it. Back then, no one really knew much about surrogacy. I was very shocked that she wanted to do it. She had her motivating reasons behind why she wanted to do surrogacy. She had a very easy pregnancy with her son and she was very young. She was 21 when she did her first surrogacy. I was 32. She had social media and she was taking pictures of the belly bump and doing all these little things. She had a blast with it. I was worried when she came home and said, "They're going to transfer one embryo." I went, "My God! No, no! You have to put in extras because you have to make sure it takes, right?" No. Science has caught up. When I did it, you just threw a bunch in: three, four at a time. Now science has gotten so good that it's hard to get two embryos placed inside as a transfer. Q: How else has surrogacy changed since your days? A:  It’s changed a lot. When I did it, we didn’t have social media. We had to go to in-person support groups. Matching took forever. You had to have your insurance in place. You had to have everything done. And it was all done in person. So, you had to take a day off and go to LA to meet everybody. There were a lot of moving parts. Now it's like, “Get on Zoom at 8 o'clock in the morning or whatever and do your thing.” You can do international surrogacies very easily now. You have so many choices now. Agencies have been popping up on the corner of every block lately. Sometimes it's too many agencies and you don't know who is going to protect you. I think I'd rather be doing it now, with all the information. I'm going to be 100% honest with you: we didn't have support from our agencies back then. We just didn't. Now the surrogates are valued. They're respected. They can say if something doesn't feel right and their agency will back them up. I've seen it in Kenedi's case. And now, they have the surrogate community that will be with them and help them through it. Q: What advice do you have for new surrogates? A:  So you can't go in expecting to have a best friend in your couple or your intended parent. That cannot be on the table.  You are doing this to help someone have a child that they would otherwise not be able to have. You're trying to help them create their family. Go in with that intention. Go in with an open heart. Go in with transparency, respect on both sides, and a relationship will naturally build. You don't know what it's taken for that couple or that intended parent to get to the point where they've had to turn to surrogacy. There may have been a loss, but they're turning to surrogacy because it's hope. Give them time. If they're a bit overbearing, it's because it's so important to them. Don't take it personally. Q: Is there a moment from your journeys that really stands out? A:  Definitely the triplets. I was the second surrogate to carry triplets in my agency and it was very, very frowned upon. They wanted us to selectively reduce. They did not want that triplet pregnancy to go through. We fought it tooth and nail. In the contract, it said I had to do whatever they wanted me to do. If there were multiples, because we had no idea if we were getting multiples, they had the right to decide. When we ended up with multiples, they went to a fertility specialist. I went to the top fertility specialist. We came back to the table and brought back very different information. The agency was pushing the couple to reduce. My doctor said, "Triplets are just like twins. You just have to be a little bit more careful. Once you get to quads, it's a little different."  I said, "Okay, we don't have quads, so let's do it." The agency was pushing for reduction because surrogacy was kind of new back then. They needed the outcomes to be good. I was at the doctor’s office to find out which baby they were going to reduce when I started hemorrhaging. I thought I was losing the entire pregnancy. I was 16 weeks, which is a little late for a reduction. They got me right in and checked. All three heartbeats were still there. The doctor had pressed so hard to try and find where he wanted to go for the reduction that it ruptured a hematoma behind one of the baby's sacks. It was going to rupture anyway, but his pressing with the ultrasound probe made it happen sooner. I stayed in the hospital for two days, but all the babies were fine. The couple called me and said, “We think it’s a sign. Please carry all three.” The weight of all that stress coming off my shoulders was unbelievable. One of those babies—the one they almost chose to reduce—is now graduating from USC. He just invited me to his graduation in May. Conclusion Ellen Smith’s experience as an adoptee and as a surrogate is a powerful reminder that family is not defined by genetics alone—it’s shaped by commitment and love and sometimes with the help of others. Her perspective sheds light on two unique sides of family formation pathways, reminding us that both ways are possible paths to building your family, and that both have changed over time as psychological studies determine that being open about a child’s origin story is beneficial to the child.  At Tsong Law Group, we understand that every surrogacy and adoption story is unique. Whether you're beginning your own journey, supporting someone else, or simply exploring your options, we’re here to offer guidance, legal clarity, and heartfelt support. Want to stay informed and inspired?  Subscribe to our newsletter for the latest updates, educational resources, and real stories from surrogates, parents, and adoptees. Visit   www.tsonglaw.com  to learn how we can support you in building your family. And don’t forget to check out Stop. Sit. Surrogate  on YouTube or wherever you get your podcasts to hear more voices and conversations about what surrogacy is really like—from the people who’ve lived it. We did an episode with them that you can find here .

Just like California and Washington , if you are planning to be one of the New York surrogates, you have the right to take paid time off work while you are unable to work due to pregnancy under New York State's maternity leave regulations. The state also provides new parents in New York with paid leave, so Intended Parents working in New York can enjoy paid baby bonding time. The paid time off in New York includes: Pregnancy Disability Leave which arises under New York's Disability Benefits Law. It provides compensation for pregnant women when they are unable to work due to pregnancy; and Parental Leave which arises under New York's Paid Family Leave Law entitling both new mothers and fathers to part of their lost wages. Prenatal Leave which arises under New York's new paid prenatal leave law that started January 1, 2025. This gives employees time off for doctor visits and other pregnancy-related healthcare. New York's Paid Prenatal Leave Law Starting January 1, 2025   New York's new paid prenatal leave law gives private-sector employees 20 hours of paid leave per year for prenatal healthcare services. This includes doctor's visits during or related to pregnancy, and it covers employed surrogates too. Key points about this new law: All private-sector employees qualify, no matter the size of the employer. You get 20 hours of paid leave during a 52-week period. This covers prenatal doctor visits, medical tests, and other healthcare services during pregnancy. You'll be paid your regular rate or minimum wage, whichever is higher. Your employer cannot ask for details about your prenatal visit. You don't need to work a minimum number of hours to get this benefit. Employers cannot make you use other types of leave before using Prenatal Leave. This is separate from other leave policies your employer may have. Parental Leave Under New York's Paid Family Leave Law  You may only claim parental leave once you have physically returned to your work and, thereafter, are no longer eligible for short-term disability. Under New York's Paid Family Leave Law, you have the right to take 12 weeks of paid, job-protected leave to bond with a new child or care for a family member with a serious health condition. How much will you be paid under the law? During your paid family leave, you will receive 67% of your average weekly wage up to a cap of 67% of the current statewide average weekly wage which varies by year. For 2025, New York's average weekly wage is $1,757.19, which means the maximum weekly benefit you'll receive during your paid family leave is $1,177.32. Estimate your Paid Family Leave benefits here . You may only be eligible for parental leave after 26 weeks of employment if you work 20 hours per week or more. Meanwhile, if you work fewer than 20 hours per week, you are eligible after 175 days of work. There are 2 cases in which you can file for parental leave under the Paid Family Leave Law. If it is foreseeable, you must give your employer advance notice so they can plan for your absence. However, if the event was not foreseeable, you must notify your employer immediately. You must fill out the Request for Paid Family Leave (Form PFL-1) and submit it to your employer before or within thirty days after the start of your leave. The insurance carrier or your employer must pay or deny your request within eighteen calendar days of receiving the completed request. In the event that you disagree with your insurance carrier's decision, you may request arbitration for a denial or any other Paid Family Leave claim-related dispute with the National Arbitration and Mediation forum. The New York's Short-term Disability Law  One of the medical conditions covered under this law is any pregnancy-related illnesses or complications. You're entitled to coverage only for the time when you're unable to work due to pregnancy or childbirth. If you're pregnant, you're entitled to disability for up to four weeks before your due date and up to six weeks after giving birth (eight weeks if you delivered by Caesarian section). If you need more Temporary Disability Insurance (TDI), you might have to submit additional medical documentation to support your claim. However, you might be automatically eligible for paid family leave once your TDI has ended. You are eligible for Short-term Disability payments in New York with the following criteria set by the law: An individual who is working or has recently worked at least four consecutive weeks at a job that is considered to be owned by a "covered employer." Individuals who change from one covered employer to another covered employer. As long as your employment was continuous, coverage for short-term disability starts on your first day of work. A domestic or personal employee who works at least 40 hours per week for one employer. Individuals who are not employed by a covered employer but elect for voluntary coverage. A covered employer includes those that have one or more employees. However, excluded from the definition of a covered employer are government workers, religious leaders, those providing work in return for charity care, and high school students who work part-time or only during vacations. Medical certification is needed to support your claim that you are unable to work due to your pregnancy or recovery from delivery. To apply for Short-term Disability, you must submit a DB-450 form along with any additional documents to your employer or insurance carrier within thirty days of your inability to work due to a disability. If the insurance carrier or your employer decides that your claim is not covered, they are required to notify you within forty-five days. Nevertheless, this does not take away your right to a review by the New York Workers' Compensation Board. Conclusion  It is crucial to remember that you cannot take Short-term Disability benefits and Parental Leave at the same time. This means if you have recovered from the temporary disability caused by your pregnancy and recovery from childbirth, only thereafter can you begin your Parental Leave. However, parental leave will not apply to surrogates as they will not be caring for the child after birth. The new Prenatal Leave benefit provides additional support specifically for pregnancy-related healthcare visits, making it easier for surrogates to attend necessary medical appointments without losing pay. The possibility of paid leave is an important consideration in a surrogacy contract as lost wages are an uncertain financial component of a surrogacy journey. States like New York which provide paid leave for disabled working surrogates will effectively reduce the burden of lost wages on intended parents. In addition, intended parents in New York should take advantage of the paid family leave as baby bonding time. If you are planning to be a surrogate or are soon becoming an intended parent, schedule an appointment to speak with one of our surrogacy lawyers , and we can discuss how to incorporate paid leave into lost wages provisions for your surrogacy journey. 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.

Previously, we reviewed four children’s books discussing surrogacy. Just as in surrogacy, children are interested in their origins. Having a conversation with donor-conceived children at an early age about their genetic origin can be beneficial in the long-term mindset. Children’s books on the subject of egg and sperm donation will provide age-appropriate ways to understand their origin. Here are our reviews of some children’s books on gamete donation: 1. The Bird Family: An Egg Donation Story By: Sofia Bird For ages: Babies – 5 years old Available on Kindle Unlimited and in print. A short story of introduction to egg donation using birds and is a good first story to normalize the concept of egg donation. It features a Mama and Papa Bird wanting to have another baby bird, however, on their second attempt, their egg breaks. Thankfully, Doctor Owl was there to help. The book is surprisingly short and an older child might wonder what happens next. 2. Fluffy, The Miracle Bunny: A Sweet Story About The Magic of Egg Donation By: Blossom Tailor For ages: 4-8 years old. Available on Kindle and in print. A children’s book detailed illustrations, Fluffy, the Miracle Bunny features a story of Fluffy, a bunny who was conceived with the help of egg donation. The story commences when Fluffy was curious about how he was conceived but through a detailed explanation of his loving bunny parents, Fluffy was able to accept his unique story and realize how special and loved he is. This book is fairly direct in explaining the egg donation and the pregnancy. 3. Toby’s Question By: Elaine Cronjé For ages: 2-7 years old. Available on Kindle Unlimited and in print. As children conceived through egg donation grow, they may notice differences in their features which may lead to curiosity about their origins. Toby’s Question is a simple children’s book that starts when Toby, a bear, asks why his hair is different from his Mommy and Daddy's hair. Rather than discuss eggs and sperm, this book uses the analogy of a basket of berries and basket of fish. This book is recommended if you want to impart to your children the concept of egg donation in a subtle and comfortable way. Unfortunately, the Kindle version of the book has a formatting issue so it cannot be viewed in landscape mode. 4. The Pea That Was Me: A Sperm Donation Story By: Kimberly Kluger-Bell, LMFT For ages: 5-6 years old. Available in print only. A simple and short story, The Pea That Was Me is available in multiple versions for almost any donor conception scenario (egg, sperm, embryo, surrogacy, different gender single parents, heterosexual or gay couples, etc.). It is a type of children’s book that explains donor conception in a fun and celebratory way. The basic The Pea That Was Me: A Sperm Donation Story book features a story of a little boy with a pea and leaf on his head and he is curious about how he was conceived. The story continues to explain that the Pea's mommy and daddy could not make a baby pea because daddy’s sperm was not working. This book is perfect for simple but clear concepts about the three things it takes to make a baby which are eggs, sperm and a tummy to grow in. It's great that the author chose to a book for nearly every situation so that any child can read about a family or situation that resembles their own. 5.  Dreamed of You: The Story of an Egg Donor Baby By: Lori Metz For ages: 3–7 years old Available in print and eBook formats. I Dreamed of You  is a gentle and heartfelt story that beautifully captures the deep love parents feel for their donor-conceived child. Written by Lori Metz, this book is essentially a love letter from parent to child, expressing the hopes, dreams, and determination it took to bring their little one into the world. Rather than focusing heavily on medical details, the book takes an emotional approach—framing the journey through egg donation as an act of love and destiny. It's a great way to help young children understand that they were deeply wanted and that their story is something to be celebrated. 6.  Happy Together: An Egg Donation Story By: Julie Marie For ages: 2–6 years old Available in print and as part of a 13-book series. Happy Together: An Egg Donation Story is a sweet and simple introduction to the concept of egg donation. With cheerful illustrations and clear, loving language, the book follows Mommy and Daddy Bear on their journey to become parents—with the help of a kind doctor, a generous egg donor, and Daddy’s seed. Their greatest wish comes true when a baby begins to grow in Mommy’s tummy and is welcomed with joy. This book is part of a 13-book series that includes stories for nearly every kind of family built through donor conception—mom and dad, two moms, two dads, single parents, and different types of donors. It’s a wonderful resource for families looking to find a story that reflects their child’s unique beginnings. There are many amazing children's books about gamete donation available in the market, enough to introduce the topic multiple times at an early age so that your child will come to think it is a normal way of having a family. For guidance on assisted reproductive law contact us, Tsong Law Group.

Our previous blogs have discussed  three tricky provisions in a surrogacy agreement  and  what’s in a surrogacy agreement.  One major part of a surrogacy agreement are the sections regarding the surrogate's behavior during pregnancy. These activity restrictions aim to protect the developing fetus, but they also raise important legal and ethical questions about bodily autonomy and enforceability. This article explores common activity restrictions in surrogacy agreements, their legal status, and best practices for intended parents and surrogates.  Common Activity Restrictions in Surrogacy Agreements   Surrogacy agreements typically include restrictions that fall into several categories:  Health and Medical Care   The duty to attend medical appointments and take medication as instructed by the physician;  Agreeing to certain recommended medical procedures such as prenatal diagnostic testing, induction and cesarean sections;  Obtaining permission from the physician before taking over-the-counter medication, alternative medicine, massage, acupuncture, or chiropractic procedures.  Lifestyle Choices   Restrictions on travel, especially by plane and in later pregnancy stages  Prohibitions on alcohol, tobacco, recreational drugs, and certain medications  Dietary restrictions (e.g., avoiding raw fish or meats, unpasteurized dairy, high-mercury fish)  Limitations on high-risk physical activities like strenuous sports or dangerous activities;  Environmental Considerations   Restrictions on exposure to certain chemicals or environmental hazards (x-rays)  Limitations on occupational risks (e.g., heavy lifting, exposure to toxins)  Guidelines regarding pet contact (particularly cat litter boxes due to toxoplasmosis risk)  Legal Enforceability of Restrictions   The enforceability of these restrictions will be based on contract law. However, some states such as Washington  or Texas state will allow a surrogate to make decisions to protect her health or the health of the fetus.   Remedies for Breach   Even when activity restrictions are included in an agreement, the available remedies for breach may be limited as:  It may be difficult or impossible to discover the breach because the intended parents cannot reasonably monitor what the surrogate eats or does.  The contract may state that if the surrogate does not cure a breach, payments can be stopped. Some attorneys and surrogates will not agree to this provision.  Termination of the contract usually will not be possible once pregnancy is established.  Surrogate's Bodily Autonomy   The surrogate retains fundamental rights to bodily autonomy which may not be contracted away. Courts will be reluctant to compel specific performance for activities or medical treatments.  Best Practices for Activity Restrictions   Based on legal precedent and ethical considerations, we recommend the following approaches:  For Intended Parents   Focus on medically-supported restrictions rather than personal preferences.  Discuss expectations openly during the matching process.  Be reasonable in your requests; no one likes to be micromanaged or mistrusted.  Include updates and communication protocols so you can be informed about the progress of pregnancy and when there are important medical decisions.  For Surrogates   Be honest and open about your willingness to accommodate lifestyle modifications  Discuss potential concerns before signing the agreement with your family and attorney.  Don’t sign unless you understand your rights and the potential consequences of non-compliance under the contract.  Maintain open communication about any difficulties following or understanding restrictions.  For All Parties   Work with experienced surrogacy lawyers familiar with your jurisdiction.  Consider mediation through a mediator or a mental health professional for resolving contract disputes.  Emphasize communication and cooperation rather than punitive measures  Work on building and extending trust throughout the relationship  Conclusion   Activity restrictions  in surrogacy agreements are an important aspect of the contract process but must be balanced against the surrogate's individual rights of privacy and right to make decisions about her body. The most successful surrogacy arrangements are those based on mutual respect, clear communication, and reasonable expectations. As legal enforceability of these provisions may not be guaranteed, the spirit of cooperation between parties will be the best measure of in the arrangement.  If you're considering becoming a surrogate or intended parent, consulting with an experienced reproductive attorney is essential to navigating these complex issues. Tsong Law Group specializes in surrogacy and gamete donation law and can provide personalized guidance for your specific situation. Contact us now . Disclaimer: This article provides general information and should not be construed as legal advice. Laws regarding surrogacy vary by jurisdiction and change over time. Please consult with a qualified attorney for advice specific to your situation.