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- Paid Time Off for New York Surrogates and Intended Parents
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.
- Children’s Books on Gamete Donation
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.
- So You Want To Do an Independent Surrogacy Journey? (For Surrogates)
Many surrogates consider an independent journey, or a surrogacy journey without an agency, for various reasons. In our last blog, we discussed independent surrogacy from the intended parents' perspective , highlighting the steps they must take. Now, we’ll focus on what independent surrogacy means for surrogates and the key factors to consider. Some surrogates prefer the flexibility and direct relationship with intended parents, while others see it as a way to help a family they already know. However, independent journeys also come with challenges, including handling negotiations, legal steps, and screening without agency support. If you are considering an independent surrogacy journey, here are some essential qualifications, factors to consider, and steps to take before you move forward. Basic Qualifications to Be a Surrogate Before pursuing independent surrogacy, you must meet certain qualifications . These are common requirements set by fertility clinics and surrogacy professionals: A history of full-term live births – Surrogates must have had at least one full-term pregnancy and delivery. This is because past pregnancies provide proof that your body can carry a baby to term safely. U.S. citizen or green card holder – This is important for legal and medical reasons. BMI of 32 or less – Many fertility clinics have BMI restrictions because a higher BMI can increase pregnancy risks, including gestational diabetes and preeclampsia, although some allow a higher BMI, while others require a lower one. Not on government assistance – Financial stability is a requirement because surrogacy should not be a financial decision made out of desperation. Most agencies prohibit surrogates from being on government assistance to avoid legal complications. Not taking antidepressant medication – Certain medications are incompatible with pregnancy. In addition, a history of mental illness may disqualify you. A lack of a criminal record. If you do not meet these requirements, you may not be eligible to be a surrogate, whether through an agency or independently, although some altruistic journeys with relatives may be overlook some of these factors. Independent vs. Agency Surrogacy Before committing to an independent journey, it’s essential to understand how it differs from an agency-assisted process. Less financial compensation – Some intended parents are choosing independent surrogacy to save money, meaning they may not offer the same compensation packages as agency matches. While many times the base compensation may match packages offered by agencies, the other allowances and compensation will not, and it will take careful research to determine what the market rate is on these if that is what you are expecting. No agency assistance – Agencies typically handle matching, screening, legal steps, and emotional support. In an independent journey, you will be responsible for finding and vetting intended parents, negotiating compensation, and coordinating medical steps and not having support outside of the intended parents and your own circle. More control over the process – Independent surrogacy allows you to choose your intended parents, set your terms, and have a more direct relationship. If you’re comfortable handling these aspects on your own, independent surrogacy may be a good option for you. Choosing Intended Parents Your relationship with the intended parents is one of the most important factors in an independent journey. You should ask yourself: Are these intended parents people you already know? (Friends or family members?) Were they referred to you by someone you trust? Did you find them through an online group or surrogacy community? Do they share your values regarding communication, medical decisions, and birth plans? It’s crucial to do your due diligence before moving forward. If you find it too hard to do it on your own, there are many consultants in the surrogacy field who will assist you and often at no cost to you. However, they may pass on their cost to the intended parents. In addition, your attorney can also conduct a background check on your intended parents if you don’t know them. Key Questions for the Initial Match Meeting Before agreeing to move forward, have an open discussion with the intended parents. Here are some important questions to ask: What are your expectations for communication during the pregnancy? How involved do you want to be in medical appointments and the birth? What are your views on medical decisions, such as termination, selective reduction and C-section preferences? Will I be expected to travel if my state’s laws are restrictive? How many embryos will you transfer? What are your expectations regarding compensation and reimbursements? What state’s laws will the contract be drafted in? Do you have embryos ready, who is your doctor and clinic, and do they have any specific requirements for surrogates? All of these questions are important. Clarifying expectations, including getting certain terms of the expected contract in writing, at an early stage can prevent misunderstandings later in the process. When to Talk About Compensation Compensation should be discussed before medical screening and before attorneys start drafting contracts. This ensures that both you and the intended parents are aligned on financial expectations. Be clear about base compensation, allowances, and potential additional fees (C-section, lost wages, maternity clothing, travel expenses, etc.). If you have a list of compensation terms you want, provide it and come to an agreement. Ask if they have escrow set up for payments to be managed properly and how long escrow will remain open. Even in an altruistic or low compensation journey, ensure that the intended parents do not intend to take shortcuts or will be stingy by avoiding physicians, attorneys, and escrow. If intended parents hesitate to discuss compensation early on, it may indicate that they are not financially prepared for surrogacy. Should You Request a Background Check? Just as intended parents screen surrogates, surrogates should also ensure their intended parents are trustworthy. Before medical screening, consider asking for: A criminal background check – This helps ensure that you are working with responsible individuals. Financial verification – While this is not always required, knowing that intended parents have the financial means to pay for the journey as they promise can give you peace of mind. References from past surrogates (if applicable) – If they have had a previous surrogacy journey, speaking with their past surrogate can provide insight into their experience. Background checks are especially important if you are matching with intended parents you do not personally know. Final Thoughts Independent surrogacy can be a rewarding experience, but it requires careful planning and research. If you are not comfortable managing the process on your own, consider seeking support from surrogacy consultants, attorneys, or agencies that offer partial services. For more insights on independent journeys from a surrogate’s perspective, check out our interview with Dr. Grace Kao. At Tsong Law Group, we assist surrogates and intended parents in exploring independent surrogacy with legal guidance and professional referrals. If you have questions about your rights, compensation, or contract terms, contact us for a consultation.
- Trump’s New IVF Executive Order: What It Means for Fertility Access & Costs
President Trump issued a new executive order on February 18, 2025, called “Expanding Access to In Vitro Fertilization.” This Executive Order came as a surprise to many, although the President had previously campaigned on making IVF free d uring his Presidency. Here’s what the Executive Order says: * It acknowledges a significant infertility challenge in the United States, noting that up to one in seven couples face difficulties conceiving a child and need assistance with family formation. * IVF treatment currently costs between $12,000 to $25,000 per cycle, creating a substantial financial burden for many Americans seeking fertility treatments. * The Administration establishes a policy commitment to ensure reliable access to IVF treatment and reduce unnecessary regulatory and statutory burdens that affect its affordability. * Within 90 days, the Assistant to the President for Domestic Policy must submit policy recommendations focused on: - Protecting access to IVF treatments - Reducing out-of-pocket costs - Lowering health plan costs for IVF treatment * The order includes standard legal provisions stating that it: - Does not impair existing agency authorities - Must be implemented within available appropriations and existing law - Does not create any new legal rights or benefits enforceable against the United States The Executive Order does not enact any immediate changes. We can expect some report within 90 days from the domestic policy assistant on policy recommendations: Here are some things that the Trump Administration could do: With Congressional approval, create insurance mandates that require insurance plans to cover IVF. Currently around 18 states have state laws which mandate IVF coverage by insurance. With Congressional approval, offer tax credits as opposed to tax deductions for IVF. Direct the IRS to treat surrogacy and egg donation as deductible expenses covered under United States Code Section 213. Though less likely given other pronouncements, support legislation that prevents states from restricting access to IVF through personhood laws. It’s hard to say what other recommendations could be made to President Trump outside of price caps, subsidies, credits, given that the cost of IVF is largely driven by the relatively few number of IVF physicians compared to the demand for services. We also hope the ultimate changes keep IVF safe while assisting all people seeking IVF to expand their families. Contact Tsong Law Group if you are embarking on a third party reproductive journey. Our lawyers can assist you with gamete and embryo donation and surrogacy contracts, and the parentage action. Our surrogacy lawyers are licensed in six states: California, Washington, Illinois, Arizona, Oklahoma and New York.
- Here’s What You Need To Know About TLG’S Seedcoach
Tsong Law Group knows that the journey to expanding your family through surrogacy and egg donation can be a stretch for the household budget of many people. That is why we are offering Seedcoach, a financial coaching package for free to our intended parents, or if they elect for their surrogates. There is no extra cost to use this benefit. In this article, we will discuss the main points of the program. What is Seedcoach The program was designed to help the intended parents and surrogates answer any questions they may have about the financial aspects of their journey. The question of finances is the elephant in the room for many pursuing surrogacy, so the team at Seedcoach combined with their online video library of resources and templates, will help intended parents identify the financial resources that can help on their journey. How does the program work If you sign up to be a client with Tsong Law Group and retain for us drafting of a contract, you are eligible for the services. The services for the Intended parents include: Online Video Library which offers invaluable guidance on budgeting, insurance, and funding your journey. It includes access to Including budgeting tools, customizable templates, a list of lenders and grants and more! Unlimited One-on-One Coaching with webinar support to help you navigate the financial complexities associated with your surrogacy journey. Assistance with Grants & Loans which will be assisted by your coach in sourcing opportunities to aid in closing any funding gaps by helping you write impactful grant applications and identifying the best borrowing opportunities. Fundraising & Special Events which will guide you on how to plan a successful fundraiser and coordinate special events for crowdfunding your journey. Lastly, Reduce Your Stress! Your Family Third party fertility journeys are complex and emotional. SeedCoach can minimize your stress by providing financial guidance along the way. Meanwhile, if you are a surrogate of intended parents with Tsong Law Group who opt to provide the benefit to their surrogate, the program will help you: Maximum Financial Benefit From Your Compensation which our experts will customize your financial program based on the compensation associated with the contract you entered into with your intended parent(s). Improve Your Financial Situation While Helping to Build a Family by the program’s free tools, budgeting templates and individual guidance on compensation, setting and achieving goals, household budgeting, reducing debt, as well as saving and investing. Achieve Your Financial Goals by helping you realize your financial goals that may be obtained from your earnings and the program will also advise you on the dangers they haveseen other surrogates fall into post-surrogacy. Lastly, you’ll Reduce Stress and Set Yourself on a Path to Financial Freedom! How to get started There are 3 easy steps to start your third-party journey with Tsong Law Group’s Seedcoach: Notify Tsong Law Group. Email or call Tsong Law Group and ask to enroll in the program. Our team will respond immediately and give instructions moving forward. Wait for a welcome email which includes your log in credentials/password. Your credentials will be used to login tsonglaw.fertilityfinancialguidance.com and access all the resources for your funding journey. Finally, complete the Intake form and schedule a one-on-one with a Coach. For more information, call us at 877-992-3678. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.
- Requirements of Surrogacy Agreements in Oklahoma
If you are considering a surrogacy journey in Oklahoma, this article will explain the state requirements. In 2019, Oklahoma passed the Oklahoma Gestational Agreement Act. Just like in California, Washington, Illinois, and New York, the statute allows individuals of any age or sexual orientation to build their families through surrogacy, but Oklahoma has limitations on unmarried couples and like Illinois, requires one parent with a genetic connection. Before starting a third-party reproduction journey, the legal aspect is one of the most important processes to ensure a smooth process. Surrogate Requirements Under the Oklahoma law, the surrogate must: Be at least twenty-one (21) years of age at the time she enters into the gestational agreement; Have given birth to at least one child; Have been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date she enters into the gestational agreement, unless one or more intended parent has been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date the gestational carrier enters into the agreement; Have completed a physical medical evaluation relating to the anticipated pregnancy; and Have completed a mental health consultation. If a surrogate has a partner but is not married, the partner does not need necessarily to join the surrogacy agreement. Intended Parent Requirements Meanwhile, the Oklahoma statute requires that the Intended Parents: Have a declaration from a doctor that one or more intended parent is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to the intended parent's physical or mental health or to the health of the unborn child; Have made guardianship provisions for the prospective child by amending their existing estate planning documents or by executing estate planning documents containing such provisions if they previously had no existing estate planning documents. Completed a mental health consultation. The state also requires if there are two intended parents, they must be married to each other. The possible intended parent situations are: a single intended parent who is genetically related to the child, married heterosexual, and married same-sex IPs using their own egg/sperm. Legal Procedure in Oklahoma Subsequently, a Validation Order needs to be obtained by the attorneys before the embryo transfer. The administration of hormones or medications to aid in the production or vitality of gametes may begin before the Agreement is validated. For good cause shown, a court may validate a gestational carrier agreement even if it was not validated at the time of transfer of gametes or embryos to the carrier, for the purpose of conception or implantation, and provided that the court finds that all other requirements need to validate a gestational agreement under this act have been satisfied. Upon the birth of a child, if the agreement is validated, the intended parent shall be declared the sole legal parent of the child, be listed as the parent on the child's certificate of birth that is to be filed with the state registrar of vital statistics as provided by Oklahoma law, and neither the gestational carrier nor any spouse of the gestational carrier, if she becomes married prior to or within 270 days after the birth of the child, shall be listed on said certificate of birth. Intended parent shall also be declared to have the right to immediate custody of and access to the child upon birth, the right to name the child, the right to make all health care decisions regarding the child upon birth, and the right to be designated as the person to be issued armbands or other security devices identifying them as the parent of such child. After birth, the intended parent(s) shall file a notice of birth with the court in as reasonably timely a manner as possible after the birth of the child or in compliance with local Court rules. To terminate a gestational surrogacy agreement, Oklahoma provides that: Any of the parties to a validated gestational agreement may seek to terminate the gestational agreement by first giving written notice of termination of the gestational agreement to each other party to the gestational agreement. A person who sends the notice to terminate a validated gestational agreement shall file notice of the termination with the appropriate court. Notwithstanding anything in this act to the contrary, within one (1) year of the termination of a gestational agreement, whether validated or not, any party to the gestational agreement may file a written petition with the court that terminated a gestational agreement seeking to reinstate the gestational agreement and requesting the court validate the gestational agreement. Be sure to consult with a lawyer who specializes in surrogacy law so that you can ensure a smooth contract and parentage process. The attorneys of Tsong Law Group are experts in the areas of gamete donation and surrogacy and licensed in Oklahoma, California, Illinois, New York, Washington, and Arizona. Contact us now if you need assistance. 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.
- Movie Review: Surrogate (2022)
The Halloween countdown has begun, and this tradition cannot be completed without a good horror film marathon. There are many great scary movies out there, but this time around, we're reaching for something less familiar in the horror film genre. Released in 2022, the Australian paranormal horror film "Surrogate" stars KestieMorassi as Natalie, who plays a single mother and nurse. As a single parent, she heavily relies on her own mother, Anna, and her brother William to help raise their daughter, Rose. The movie begins with the family celebrating Rose's ninth birthday. After the celebration, the movie shows the routine between the two, where Natalie reassures her daughter that monsters are not real every time she's asked to check for them around her room. Working as a nurse, Natalie had an unfortunate encounter that intensified the movie. While going home from her night shift, she came across a woman who appeared to be disturbed and had consumed toxic liquids. Natalie tried to revive her, but she couldn't. Natalie immediately started vomiting, as if she were pregnant. The symptoms continued to develop, and she woke up one day with blood from her waist down, as though she had given birth. When she was brought to the hospital, the agent from the Department of Child and Family Services and her doctor told her that she was pregnant and had done something terrible to the baby, even threatening her with criminal charges. Natalie argued that she had not given birth to a child and that it was not even possible for her to get pregnant. This explanation did not sit well with the doctors and the representative from the department. The stress even grew as her daughter Rose was affected by all the supernatural elements. Now the movie is on the journey to answer how Natalie became pregnant and where the supernatural elements were coming from. How realistic is the portrayal of surrogacy including the legal aspects? Despite the title, the movie is not really about surrogacy any more than Rosemary’s Baby can be considered a surrogacy movie. There is no contract between intended parents and Natalie, or any sort of parental rights being established. There are no supernatural lawyers in the movie either. The title "Surrogate" merely reflects the central theme of the movie. Conclusion Although surrogacy may not be the subject matter, the movie still delivered an impact and overall portrayed a well-told story that is worth watching. The movie is well executed and scored. If you're a wimp when it comes to horror, it won't scare or gross you out. There might be a jump scare but otherwise it's atmospheric and dreadful. The story also succeeded in incorporating mystery and thriller elements. Overall, as an indie film, it stands out enough to be worth watching this Halloween. So, bust out the popcorn or some homemade Halloween snacks and get ready to watch this movie. "Surrogate" is currently available on Amazon Video, Tubi, and Google TV. If you are looking for a peer rated super lawyer for your surrogacy rather than a supernatural lawyer, look no further and contact us now.
- Surrogacy Novel Review: White Lilies (The Mitchell Sisters, #2) by Samantha Christy
White Lilies is a harlequin romance surrogacy novel that unfolds a compelling narrative exploring the profound impact of surrogacy and the enduring strength of friendship amid life’s challenges. Skylar Mitchell, the main character, yearns for a meaningful change in her life. One thing she has always been certain of is that she never wants to have children of her own. She even jokes about being a surrogate, a selfless move that seems like an out-of-character life decision. In a fortuitous encounter, Skylar connects with Griffin and Erin Pearce, a couple who seem to have it all — a perfect life and a perfect home but sadly cannot have children through traditional means. As Skylar offers to become their surrogate, she finds herself falling in love with Griffin while becoming best friends with Erin. Unconditional love, heart-wrenching loss, and unwavering friendship form the bedrock of this story. Skylar’s choices will test the bonds that tie her to Erin and Griffin, ultimately leading them all on a journey of self-discovery and transformation. Legal and Scientific Realism A genetic (also known as traditional) surrogate is when the surrogate uses her own egg and the father’s sperm, making the surrogate genetically related to the child. The main character becomes a genetic surrogate, which is not legal in New York if the surrogate is compensated. Skyler was compensated with expensive shopping trips and other financial gifts for being a surrogate, from the Intended Parents. While these may be considered gifts, this is legally problematic. The parties entered into the arrangement without the usual psychological, medical or legal clearance steps. The Intended Parents chose Skylar to become their surrogate despite her never having children despite this being a best practice (also required in New York with gestational surrogacy), even more so with a genetic surrogate. Skylar did not have a lawyer representing her to review the surrogacy agreement or at any time during the process. It’s unclear how the insemination took place, or what legal plan the intended parents had to establish parentage rights for the child, whether by adoption, passing off the child as theirs or through a proper parentage action. It is doubtful that any surrogacy professionals were consulted so that more realistic elements could have made the story. It’s unfortunate, because adding some legal realism wouldn’t necessarily take away from the main storyline. Readers seeking a more realistic portrayal of surrogacy will find the novel’s deviation from legal correctness a notable drawback. Conclusion Despite its engaging exploration of the daily interactions of a surrogate and her intended parents, this reader is left with mixed feelings, prompting a three out of five-star rating for entertainment but zero out of five stars for accuracy. The novel fell short in character development as it primarily showcased Skylar’s budding romantic feelings. A more comprehensive understanding of backgrounds, motivations, and relationships would have enriched the narrative, while a better understanding of the surrogacy process would have added authenticity. Disclaimer: This book is a bodice ripper, meaning it is for adults only and offers a fantasy depiction of surrogacy which is for entertainment purposes only. The portrayal is imaginative if not outlandish, not reflective of most surrogacy journeys. The work aims to present a creative narrative but still manages to provide some insights into surrogacy from a surrogate’s perspective. For more information on surrogacy, feel free to contact us now.
- Surrogacy Film Review: Baby Steps (2015)
Released in 2015, “Baby Steps” is written and directed by Barney Cheng who also plays the lead character as Danny Lee. The film was featured in a Q&A with the director at the 2018 Men Having Babies conference in San Francisco. This multicultural comedy-drama film takes its audience on an emotional rollercoaster that highlights the challenges experienced by individuals pursuing parenthood through surrogacy . Synopsis The film follows the life of Danny, a successful Taiwanese-American man, and his American partner Tate (played by Michael Adam Hamilton). Danny longs to become a father, but the path to parenthood is not straightforward for him. “Baby Steps” explores Danny's decision to pursue surrogacy as a means to fulfill their dream of having a child. When Danny’s traditional Taiwanese mother, Ma (played by Ya-Lei Kuei), finds out about their plan, she is horrified and tries to stop them. Upon realizing Danny’s unwavering determination, Ma shifts to micromanaging all aspects of the delicate situation. Ma’s unwillingness to accept a less-than-perfect candidate, leads the parties to travel around the world to Taipei, Bangkok, Mumbai and Los Angeles in search of the ideal gestational surrogate. What’s Realistic About This Film? “Baby Steps” depicts the realities of surrogacy and assisted reproductions. It portrays the journey of a gay man and his partner who embark on a path to parenthood through surrogacy and assisted reproduction. The film effectively highlights the emotional rollercoaster that intended parents often experience while navigating the complexities of Assisted Reproductive Technology (ART), including choosing a surrogate, addressing legal hurdles, and dealing with societal perceptions. While this film focuses on describing a gay couple’s journey navigating the world of surrogacy, it also touches on the resiliency of single intended parents. Danny’s drive to become a parent no matter the obstacles thrown in his way, over his mother and even prioritizing it over his relationship with Tate, is a virtue we see in some of our intended parents and was seen in the film Together Together. Like other single intended parents, Danny will not be discouraged by the judgments of society or the difficulties of being a single parent, he just knows he wants to be a dad and that love will be enough. Aside from surrogacy, another noteworthy aspect of "Baby Steps" is its exploration of cultural identity and the challenges faced by LGBTQ+ individuals within traditional family structures. Through Danny’s turbulent relationship with his Ma, a tiger mom who embodies traditional Taiwanese values, the film portrays the cultural clash Danny experiences as he reconciles his Taiwanese roots with his American lifestyle. Throughout the film, viewers see how Ma struggles to accept Danny’s sexuality and his decision to pursue parenthood through surrogacy. In fact, Ma forces Danny to hide his sexuality and surrogacy journey from his Taiwanese extended family and friends in fear of being judged. All in all, the film sheds light on the importance of acceptance, understanding, and open dialogue within families, and the power of love to bridge cultural and generational gaps. How Accurate is it from a Legal Standpoint? The film does not involve any discussion of the legal aspects of surrogacy, however, legality looms large with trying to navigate international surrogacy. This is especially seen when the law changes in Mumbai, India. Danny and Tate are no longer able to proceed with their surrogacy journey in India because of an amendment to the law that only allows married heterosexual couples to pursue surrogacy in India. (Note, India does not allow commercial surrogacy to non-Indian citizens at this time.) As a result, Danny and Tate are forced to reconsider how and where to proceed with their surrogacy journey. Moreover, there is some exploration about whether an intended parent can really monitor the activity of a surrogate in the United States. This is shown in the beginning of the film when Danny and Ma are looking at surrogate candidates and Ma is doing everything in her power to find the perfect surrogate for her first grandchild, even following a potential surrogate home to spy on her private life. When Danny finds out, he reprimands Ma and explains that an American surrogate cannot be micromanaged. Conclusion “Baby Steps” not only touches the hearts of its viewers, but also sheds light on the emotional journey and legal complexities associated with surrogacy and assisted reproduction. It weaves together the themes of love, family, culture, and the legal aspects surrounding ART. “Baby Steps” is a film worth streaming for anyone interested in surrogacy and it is currently available to stream on Hulu and Prime Video. Keep updated with our monthly movie reviews by subscribing to our blog. If you have questions about surrogacy, contact us now and speak with one of our surrogacy lawyers today.
- Surrogacy Film Review: Together Together (2021)
Synopsis Together Together is a 2021 film that explores a unique relationship between a single intended father and his gestational surrogate, a pairing that would not exist before legalization of surrogacy in California in 1993. The film is a realistic, lighthearted comedy that tries something new by not being a cheesy thriller or absurdist comedy. Matt, played by Ed Helms, is 40-something and single after a long-term relationship, and now wants a baby as his next stage in life. Anna, played by Patti Harrison, is 26, and her past experience with pregnancy was a baby she placed for adoption. She decided to sign up with an agency as a surrogate candidate to pay for college. The movie is in three parts, covering the first, second and third trimester of Anna’s pregnancy. Anna and Matt have varying degrees of contact during the pregnancy. From meeting for medical appointments, to Anna helping decorate the nursery, sleeping over at Matt’s house, shopping and eating together, and attending his baby shower, to going back to less contact but then attending birthing classes together, and Anna staying with Matt as she goes into labor and Matt attending the delivery. What’s Realistic About the Film The makers of the film apparently consulted with surrogacy agencies and did research into the surrogacy process to try to be accurate. The movie captures the match meeting and the support group meetings as well as the challenges both surrogates and intended parents have in telling (or not telling) friends or family about the surrogacy, as well as friends or family having reactions which might be insensitive or ignorant. The bond between Matt and Anna from their shared experience is unique to surrogacy, though their relationship is not one that is likely to happen in real life. What’s Not Realistic Anna is less than ideal for a surrogate candidate. She was portrayed as a loner, without family support. She does not have a child of her own, though she has experience having a child. It would be unlikely, that even if she was approved, that an agency would suggest a match with Matt, who is also single and local to Anna. While there is counseling and support for Anna, the level of contact Matt has in Anna’s life would raise alarm bells for agencies. As Anna’s pregnancy progresses, Matt becomes weirdly controlling about her diet and sex life. He also asks her to stay at his place so he can be more aware of her pregnancy progress. Of course, there wouldn’t be much comedy in the way of misunderstandings between the two or from everyone else if their relationship was realistic. Are Lawyers Involved? There are no lawyers in the movie. However, Matt and Anna do go over the surrogacy agreement with the agency representative (owner/counselor?) to determine whether Anna’s sexual activity is prohibited by the contract. They read an accurate list of dangerous activities that would appear in a real surrogacy contract but find no prohibition of sex. (Note that some intended parents will request restrictions on sex, though usually just before the pregnancy is confirmed.) In reality, the surrogacy contract is an important legal document between the parties that will go over the parties’ rights and obligations. There is also a scene where Matt doesn’t know where to be during a vaginal ultrasound. If the contract was drafted by us, it would likely have told him to respect her modesty (which he doesn’t at the birth—so perhaps this is not in their contract). There’s not really a need for a lawyer to help the main characters during the film, though we winced when they started having sleepovers and basically living together, as we would advise clients against this practice. Anna also refers to being a surrogate as her work and we would point out that there is no employer-employee relationship between the parties. Legal Accuracy Better than most. No legal inaccuracies found. Conclusion Together Together is a funny film about surrogates that doesn’t really get too deep or complex. Intended parents like Matt are not uncommon in surrogacy, single men or women who decide they don’t need to wait for a partner to have a baby, so this is a first to tell the story from his perspective. It’s also a positive that the movie doesn’t end up with the predictable trope of the surrogate and intended parent falling in love like many movies about richer older men and the hardscrabble single contractors that contract with them. Verdict: Worth streaming for anyone interested in surrogacy. Currently available on Hulu to stream. Have questions about surrogacy? Contact us a surrogacy lawyer now.









