Search Results

At first blush, the women married to service members, or even service members themselves may look like ideal surrogacy candidates. Information on the internet suggests active duty military insurance, Tricare, is surrogacy friendly insurance. This information is misleading, and it is our hope to correct this.     We interviewed Jennifer White, agency owner of Bright Future Families, co-host of the podcast I Want to Put a Baby in You , and military wife of 25 years, who is an expert in interpreting Tricare policies when it comes to surrogacy.  Q: Can you tell us about your background and expertise in military healthcare and surrogacy?   A: I am married to an active-duty military member for 25 years, so I've personally experienced the Tricare system extensively. I worked for third-party collections on a military base, which gave me insight into how reimbursements are handled. I also run a surrogacy matching program and have managed many cases involving military families.  Q: What are the main concerns about using Tricare for surrogacy arrangements?   A: The biggest issue is Tricare's ambiguous language regarding reimbursement. Their policy states they have the right to "reasonable reimbursement," but there's no definition of what's reasonable, and there's no time frame specified for how long they have to seek reimbursement. For surrogates, this creates a huge risk because the medical bills are in their name.  Q: So a surrogate could be liable for costs years after the surrogacy?   A: Exactly. I've seen cases where Tricare has come back after people many years later. An important perspective I gained when my husband retired was that they held his final month's pay pending an audit of all 25 years of his service. So theoretically, a young surrogate could go through an entire military career, and during retirement processing, Tricare could come back and say she owes money from that surrogacy.  Q: What does it mean when Tricare says they "pay second" for services?   A: By law, Tricare must always be the secondary payer when multiple insurances are involved. So, if you have another policy, like an ACA policy through the exchange, that policy must be primary, and Tricare would be secondary.  Q: Can active-duty service members serve as surrogates?   A: This is limited. Only Air Force and Space Force members can act as surrogates - it's prohibited in the Army, Navy, and Marine Corps under the UCMJ. Even for those who can, there are administrative requirements:  They need commander approval  Local JAG must approve  They must stay on Tricare Prime  They need special arrangements for off-base care  Q: How does deployment affect military surrogates?   A: For active-duty surrogates, there's no guarantee against deployment until pregnancy is confirmed. You could complete all medical screening and legal work, but until there's a confirmed pregnancy, the service member could still receive deployment orders. Once pregnant, they become non-deployable.  Q: Are there any circumstances where using Tricare for surrogacy is acceptable?   A: There is one exception: when both the surrogate and intended parents have Tricare coverage. In this specific scenario, there is a carve-out in Tricare's policies that makes it acceptable.  Q: What do you recommend as best practices for surrogates who have Tricare?   A: The best practice is to go into it with eyes wide open and know that you're going to need another policy to act as primary insurance. This could be an ACA policy or specialized surrogacy insurance. It would not be wise to depend on or lean on Tricare as your coverage.  Q: Why are military spouses often considered good candidates for surrogacy?   A: Military families typically have incredible support structures around them, even without nearby family. However, it's important to note that the old perception that they're "less expensive" because of Tricare insurance is problematic and risky. While military spouses often make wonderful surrogates due to their strong community connections and support systems, the insurance aspect should not be a factor in the decision.  Q: Any final thoughts about Tricare and surrogacy?   A: It's really quite straightforward: don't use Tricare as primary insurance for surrogacy. When nobody can tell you what "reasonable reimbursement" means, and there's no time limit on when they can seek that reimbursement, the risk is simply too high for any military family to take on.    Conclusion:  Navigating military surrogacy and Tricare coverage isn't just complicated – it can be potentially risky. The key takeaway from this discussion is clear: Tricare should not be relied upon for surrogacy arrangements.  The complete lack of a statute of limitation for reimbursement claims, the undefined "reasonable reimbursement" standards, compared to the short duration of an escrow account remaining open mean that surrogates could be responsible for unpaid medical bills. The only exception is when both intended parents and surrogate are military families with Tricare coverage.   If you don’t know if your surrogate’s insurance policy covers surrogacy, consulting with a licensed insurance broker and a surrogacy lawyer is a good place to start.  As Fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL), Tsong Law Group brings extensive expertise to the practice of surrogacy law. Our award-winning lawyers are licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona.  Contact us now.

As legal professionals in assisted reproductive technology (ART), watching Netflix's "Joy" offered us an eye-opening reminder of how far fertility treatment has come. The film follows the efforts of scientist Robert Edwards (James Norton), physician Patrick Steptoe (Bill Nighy), and the first IVF nurse and embryologist Jean Purdy (Thomasin McKenzie), to develop from scratch IVF which led to the birth of Louise Brown in 1978 – the world's first IVF baby.  In the 1970s, these researchers were essentially creating everything from scratch–from the basic medical equipment they used to, to the technique used to retrieve eggs and fertilize them, to determining the right hormone therapy. The movie details that their efforts were through trial and error with many failed attempts. The story is told from Jean Purdy’s perspective. One of the important roles Jean had was to guide the patient volunteers by administering injections, consoling them and providing moral support when a transfer failed or a pregnancy was lost.  The women who took part in these trials called themselves "Ovum Club" as they volunteered knowing success was unlikely. Indeed, there were years of clinic trials before the first successful pregnancy.  The film spends some time about their motivations. Uniformly, they all dream of having a baby, and even the slight chance that IVF offers is enough to give them hope. Today's fertility patients have a very different experience. While IVF still can't guarantee a baby, patients now have much more information to help them make decisions about their treatment and better chances for success. Shifting Social and Legal Landscapes One of the surprising aspects of "Joy" is the opposition these IVF pioneers faced from the media, medical institutions, and even fellow scientists. Jean feels deeply ostracized from her family and her church, and her research is compared to recently legalized but still scandalous procedure of abortion.  Edwards and Steptoe operate on a shoe-string budget, unable to secure grants, and are portrayed as mad scientists in the media, with Edwards agreeing to a television debate against Nobel Prize winner James Watson (of DNA double-helix fame) in hopes of changing minds but finding that the minds of the audience are already made up. The women of “Ovum Club” had to remain secretive of their involvement for their own protection, fearing judgment and condemnation.  The film reminds us that many medical breakthroughs we now consider routine once faced intense social resistance and moral condemnation. The film ends by noting that over 12 million IVF babies have been born worldwide – a testament to the vision of Edwards, Steptoe, and Purdy. Today's fertility treatment continues to advance, with new technologies and techniques regularly emerging. Today's ART practices now follow written guidelines issued by the professional organization ASRM , and in third party reproduction, many surrogacy agencies and lawyers are guided by ASRM and other ethical organizations, SEEDS , and AAAA . Nevertheless, we see today that the right to pursue fertility treatment could be threatened in the future by new embryonic personhood laws  or regulations on IVF like those tried in Italy .  A Personal Note While watching "Joy," we were struck by how the core mission of fertility treatment remains unchanged: helping people fulfill their dreams of building families. This film captures both the scientific breakthrough and the deeply personal aspects of fertility treatment. When we see Jean take the Ovum Club on a retreat or console a patient who has a miscarriage or can no longer continue with treatment after aging out of eligibility, we are reminded of the role agencies and mental health professionals play in third party reproduction, whether it is boosting the morale of surrogates with retreats and gatherings, or comforting their intended parents and surrogates in the event of fetal loss.  The film also beautifully portrays the dedication of medical professionals who commit themselves to helping make parenthood possible. For those considering fertility treatment, watching "Joy" can help put modern procedures into perspective. While today's methods are far more advanced, the film reminds us that behind every medical advancement are real people - both the professionals pushing boundaries and hopeful volunteers. It is a tough business, one where some clients experience loss, and others joy, but the joy, or the hope of joy, that motivates us to keep going.  Joy  is currently streaming on Netflix. At just under two hours, it’s a compelling watch for anyone interested in the groundbreaking story behind the world's first test-tube baby. Tsong Law Group is dedicated to guiding you through the legal aspects of assisted reproductive technology (ART). Inspired by the advancements highlighted in Netflix's "Joy,"  we are here to support you in building your family dreams while addressing the changing legal landscape. Contact us today  to discuss how we can assist with your fertility journey.

Both surrogates and intended parents engaged in surrogacy journeys should know about paid family leave in their state. P aid Family Leave (PFL) laws  can reduce the financial burden on intended parents when surrogates experience pregnancy-related conditions that prevent them from working. Additionally, intended parents can utilize paid family leave programs to bond with their newborn children. We recommend consulting with your surrogacy lawyer about how these laws can be incorporated into your surrogacy contract. Here is a summary of new PFL laws coming into effect in 2025: State Effective Date Changes/Benefits California January 1, 2025 Increased Paid Family Leave (PFL) and Disability Insurance (DI) benefits. 90% coverage for those earning $63,000 or less, and 70% coverage for those earning more. Applications for PFL and DI can be submitted 30 days before anticipated leave. Employers cannot require employees to use vacation time before accessing PFL benefits. Mandatory paid sick leave increases from three to five days annually. Maine Contributions Begin: January 2025; Benefits Available: May 2026 Up to 12 weeks of paid leave within a 12-month period. Coverage for pregnancy-related conditions. Income replacement based on average weekly wage, with higher rates for lower earners. Retaliation against employees using PFML is prohibited M assachusetts January 1, 2025 Maximum weekly PFML benefit is increased to $1,170.64. Employees can supplement PFML benefits with accrued paid leave. Strong job protection provisions remain. Connecticut January 1, 2025 Broaden eligibility criteria for employees and family members, qualifying reasons for leave, and accrual rates​ Accrual: 1 hour for every 30 hours worked. Can carry over up to 40 hours of unused sick leave annually. Eligibility for paid leave begins by the 120th day of employment. Michigan February 21, 2025 The Earned Sick Time Act (ESTA) enhances protections for Michigan workers, making paid sick leave more accessible Accrual: 1 hour for every 30 hours worked. Up to 72 hours leave annually (40 hours paid plus 32 hours unpaid for smaller employers). Leave covers personal or family illness, injury, or health condition, and preventative care. Washington January 1, 2025 Expansion of family member definitions for leave coverage. Comprehensive paid medical leave program remains, including pregnancy and childbirth recovery. Additional leave for pregnancy complications. Job protection during leave periods. Oregon January 1, 2025 Applies to employers with more than 25 employees:  Eligible for up to 12 weeks of paid benefits annually, with an additional 2 weeks for pregnancy-related conditions. Family leave for bonding or caring for a family member Safe leave for domestic violence or harassment, and  Leave for legal processes relating to foster child placement or adoption  Remember that these laws are just the ones from 2025, some states have existing laws that provide PFL for pregnancy disability or care of a family member. They also represent minimum requirements, and some employers may offer more generous leave benefits. Always check with your employer and surrogacy agency about specific policies and protections available to you.  If you have any questions about how these new paid leave laws may impact you as a surrogate or an intended parent, please contact a qualified surrogacy lawyer.  Attorney Ralph Tsong has spent over a decade practicing employment law and understanding the highly technical aspects of family leave law. He now applies that knowledge to help intended parents and surrogates understand how leave law can benefit them. Contact us   today to ensure you're fully informed about and protected under the latest regulations.

When starting a surrogacy  journey, one important decision is whether you need an escrow account. Let’s explain what an escrow account is and why it’s helpful for surrogacy. Escrow accounts are common in surrogacy journeys because of its safety measures. In surrogacy, intended parents deposit funds into an account either handled by a licensed escrow company or an attorney trust account (sometimes called a trust not an escrow). The escrow account is typically set up at the matching stage of a surrogacy when an agency is involved, or later in independent cases. The funds deposited in escrow are used to pay the surrogate’s compensation and other surrogacy expenses like medical bills, legal fees and reimbursements. The escrow account holder will issue payments following the agreed contract.  Is an Escrow Account required? You may be required to have an escrow account depending on the state law that applies to your surrogacy agreement. Sometimes the parties use the state laws where the intended parents live, the state of the surrogate, or the law of another state that is related to the match in some way.  Here is a map of the states that require escrow or an attorney trust account for surrogacy. California  and Washington ’s laws are unique in that independent journeys do not require escrow but ones involving a matching agency do. Virginia requires a gestational surrogacy agreement to address how expenses will be paid and guaranteed either through escrow, cash, or bonds.  Why Is Escrow Important? Whether your contract is in a state that requires escrow or not, escrow is still advisable for most journeys, even though it adds to the cost of the journey. When managed by the escrow company, having an escrow account ensures that all payments under the surrogacy agreement are made in a timely manner. This reduces the time that intended parents need to spend on the case making and monitoring payments. Escrow accounts reduce risk in most cases, such as late payments, insufficient funds, or funds being misused if entrusted to the agency. By entrusting a neutral third party to manage the account, both parties can avoid potential disputes or financial mismanagement. For surrogates, escrow is very important because it means intended parents cannot withhold payments that are due, nor will the surrogate need to go to court to receive a payment she is due if the escrow is still open. With international intended parents, surrogates will have a very hard time getting bills paid or compensation due if the intended parents do not pay and no escrow is in place. The escrow is usually kept open for sufficient time to ensure that money is available months after the journey is completed.  What about the downsides? The downsides for some intended parents is the cost. However, escrow companies do not charge extra for the length of the journey, and the amount escrow companies charge is relatively low compared to the length of time escrow is in place and the amount of work the escrow does.  Another downside to many is the fear that placing the money with a third party is not safe. We understand it would be devastating if funds in escrow were lost or stolen. For tips on how to choose an escrow company to avoid the risk of theft by the escrow, check out our recent blog,   Worst Case Scenario: Problems with Your Escrow Company . Another downside to some is the fear that money will be tied up in escrow and the journey may not be successful, and then these funds cannot be used. Despite this fear, the parties can agree to keep minimum balances lower after the journey, or have a shorter time frame for closing the escrow if there was no successful pregnancy.  For the surrogate, an escrow account should be on her checklist of requirements for a match. For intended parents, the cost is low and with adequate research, a trustworthy escrow account can be chosen.  Conclusion Using an escrow account for your surrogacy journey is a smart way to keep track of funds and ensure that payments under the surrogacy agreement are made and funding is there for the whole journey. In some states, it is required you have an escrow account. Intended parents and surrogates should both have a dependable attorney that is knowledgeable about what is required and optimal for escrow accounts in surrogacy. Reach out to Tsong Law Group today  as you start your surrogacy journey.

A fresh egg donation cycle has several steps: the match between intended parents and donor; donor’s medical screening and approval by the IVF clinic; donor’s psychological clearance; donor’s genetic screening; and finally, the legal stage where legal clearance is issued.  Like our recent blogs discussing the legal stage of surrogacy from the perspective of surrogates   and intended parents,  the legal stage for egg donation is important to establish clear rights and obligations for all parties. From choosing the right attorney to contract review to obtaining legal clearance, here's what you can expect during the legal phase of egg donation:  Choosing the Right Attorney. The legal stage consists of each of the parties, the intended parents or recipients, and the egg donor (and spouse if she has one) choosing and signing on with their own lawyer.   Both parties will have separate legal representation throughout the egg donation process. The legal costs of retaining an attorney are covered by the IPs. It is crucial to select an attorney experienced in drafting egg donation agreements. In  FAQ #27, we answer whether an attorney for the egg donor can really represent them properly if their attorney fees are paid for by intended parents.   Representation Agreement.  Once selected, the lawyer will send the party a representation agreement or letter, which will explain what the scope of services the lawyer is providing. Both the egg donor and the IP will sign the representation agreement with their respective attorneys. Note that this is not the egg donation agreement, but the agreement to agree to representation.   Drafting the Egg Donation Agreement.  The lawyer for the intended parents will usually draft the egg donation agreement based on the information the agency or intended parents have given them. There are varying levels of disclosure in these agreements, ranging from anonymous to disclosed, where parties may know each other's identities. The lawyer for the egg donor usually reviews the contract with the donor. In some cases, the contract may be pre-drafted and the parties review and revise them separately.    Reviewing the Egg Donation Agreement. Schedule a review appointment with your attorney to go through the egg donation agreement thoroughly. Read the egg donation agreement beforehand because the review will not be a word for word reading. Make sure your spouse is also present for the review if they signed the representation agreement, as they will be a party to the agreement. This is the time to address any questions or suggest changes.   Negotiating and Finalizing.  Once you approve the redline your attorney sends you after your review, they will present the redline to the other side’s attorney  and the negotitaion begins.  After both parties agree to any redlines, a final egg donation agreement will then be circulated for signing.   Signing the Agreement.  In most cases, egg donation agreements do not require notarization for signatures. Some will choose to notarize if they want to verify the identity of the person signing. Notarizing a contract may be required in some states, or it may be the preference of one of the parties. The attorney may send you a PDF for printing or which can be electronically signed if the contract is not notarized.    Issuing of Legal Clearance . Once both parties have signed, the intended parents’ attorney will issue a legal clearance letter to the clinic which allows the retrieval procedure to be scheduled and begin.  If you are looking to become a egg donor or intended parent through egg donation, have an experienced attorney guide you through your contract protect your rights. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma, and recognized as AAAA and ACAL Fellows.    Reach out today for our help in the legal stage of your egg donation journey.

If you are exploring ways to fund for surrogacy journey, surrogacy lawyers at Tsong Law Group can help with our complimentary financial coaching package through our Seedcoach programs. The costs associated with a surrogacy journey can be daunting since the medical, agency, and legal expenses can quickly add up. In another blog article , you can find out more details about our Seedcoach program. Here we will share Seedcoach’s tips for finding surrogacy grants to fund your journey. Grants    The high cost of surrogacy can deter many. Fortunately, some intended parents who have experienced the costs of surrogacy have started grant foundations to help lower the financial barriers to family building. While these grants are highly competitive, they are worth looking into. Seedcoach advises you to start your search locally and to check IVF clinics for any special funding programs they offer. Notably, certain religious faiths, ethnicities, or particular occupations sometimes have grant programs. There are also broader programs that offer grant assistance for those pursuing surrogacy including:  Baby Quest   Journey to Parenthood   Gift of Parenthood   Gift of Surrogacy   Gay Parenting Assistance Program   These grants can provide you with financial support starting from $10,000 all the way up to the entire cost of a journey. Even if there are many other applicants, you may have a story or background unique to you that will help in obtaining a grant. When you work with Seedcoach, you will have a personal finance coach who can help you with tips on grant writing, and what they see in successful grant winners. You can find more grants on the Resolve website. Employer Benefits     Another resource that is becoming more available is specific infertility workplace benefits. These benefits are provided by employers specifically for family building and reimbursements for eligible infertility expenses. Many employers have started to provide these benefits as more people are turning to surrogacy and other assisted reproduction procedures as options, but employees can ask for specific benefits if they are not already available. Working with HR to obtain employee benefits for surrogacy can go a long way to adding family-building benefits to any company.  Some people take on jobs specifically for the company’s infertility benefits. Seedcoach can advise about the availability of employee benefits and infertility/surrogacy coverage from employers that offer those benefits.   A surrogacy journey consists of many steps but budgeting and planning with Seedcoach as a resource will reduce financial stress.  Seedcoach offers one-on-one coaching to help identify grant organizations that might work for your family and guidance on how to look for or ask for employee benefits.    To learn more about these resources and how you can access them, you may go directly here  or contact  the surrogacy lawyers of Tsong Law Group.

Tolstoy once wrote, all happy families are alike but each unhappy family is unhappy in its own way.  All in My Family , a short film released on Netflix on May 3, 2019, shows that families can be happy and unhappy and different all at the same time.  All in My Family explores the theme of a prodigal son returning to a family he wanted to leave and how he tries to be true to himself despite his familial and cultural pressures. In this intimate documentary, viewers follow filmmaker Hao Wu as he shares the story of surrogacy and how his family in China reacts.   The documentary starts with his upbringing in a boisterous, traditional Chinese household and his experience with moving to New York  and following his own path.  As the only male son in his family, Wu was raised to have a successful career, get married, and have his own biological children. Wu did all those things, just not in the way his family may have wanted.  Wu shares his experience of coming out to his conservative family and his journey of becoming a parent to two children with his Chinese-American husband. Unfortunately, his sexual orientation did not align with his traditional parents' worldview, leading to an emotional conflict between them. His parents’ reactions, years later, show that they still struggle to accept Wu’s identity.   The audience witnesses the genuine reactions of Wu's Chinese parents as they question his egg donation and  surrogacy journeys . A couple years later, he introduces his children to his family and the children and Wu are immediately accepted, but the family argues about how to explain the absence of the mother or Eric’s role in the children.   Wu is unsure how he would break the news to his grandfather, who is the only one not aware his grandson is gay, or that Wu’s children were born through two surrogates. This documentary highlights the generational differences and beliefs in his family. We watch as Wu brings his husband Eric into the room without lying to his grandfather and how he reacts. In the end he and Eric decide that there is no need to reveal to his grandpa that they are both fathers to the children. Everyone is happy that Wu has returned with a happy family, and his extended family, though constantly arguing, manages to pass through the family drama.   Although specific to China, what Wu experiences may not seem too different than other immigrant family experiences, and the cultural differences we experience when we return to a family we moved away from.  His journey is deeply personal because he shares his families’ Chinese culture and how they express their love. As surrogacy becomes more popular and more normal, we feel hope there is progress as his parents and grandparents accept his nontraditional family. Wu gains wisdom to accept that changing the views of his parents and grandparents will be gradual.    Is it Worth Watching?  This documentary is worth watching for anyone considering a surrogacy journey, especially with international Asian intended parents. Though his surrogacy journey itself is not the main plot point but rather the starting point, it is a short film that is a light experience to watch, and provides a rare glimpse of what same-sex intended parents may experience when they return with their child to China.   Surrogacy agencies  who have Chinese intended parents should also show this documentary to their new staff, because it will go a good way to show what family values are like in China and how surrogacy and same sex relationships are managed in Chinese culture.  Since it is a short length with funny moments and never too heavy, we recommend it to anyone who is interested in surrogacy or Chinese culture.    All In My Family  is available for streaming on Netflix.   The legal part of the surrogacy process  is sadly not covered in this film. Perhaps it was omitted for brevity. For those who are looking to learn about the legal process, contact the surrogacy lawyers of Tsong Law Group for more information.

At Tsong Law Group, we understand that families come in all shapes and sizes, and the journey to build a family can be as unique as the families themselves.  Families come in all shapes and sizes and ways of growing families can be equally unique. Non-traditional family building is a wonderful way to grow the joy and love in your family but it can come with additional stress, uncertainty, and expense. Many families turn to adoption to grow their families only to find out the financial hurdles are too great. Adoption costs can range from $30,000-$50,000 or more, depending on the type of adoption.   But the good news is that families aren’t alone in that struggle. Born through her personal experience in adoption and a drive to help other families, Kelly Ellison founded Your Adoption Finance Coach. This educational program comes alongside agencies, lawyers, and consultants to help support prospective parents in navigating the complex finances of adoption. Kelly, along with a team of coaches are passionate about helping all families solve the financial puzzle of adoption. Tsong Law Group has partnered with Your Adoption Finance Coach to provide this service for free to our hopeful adoptive parent clients, as well as offering its sister program, Seedcoach, to our intended parent clients. If you are interested in either program, just ask us.   Your Adoption Finance Coaching program works to solve the money problem for adoptive families.  The system offers resources ranging from on-demand videos and downloadable templates to one-on-one coaching calls to help prospective parents map out their budget and funding timeline - so they know not only how much they’ll need but when. This approach to budgeting helps families identify and plan for funding gaps for targeted and customized planning. The team at Your Adoption Finance Coach can help prospective parents find resources to help fill those gaps, from grants to loans to setting up a fundraising campaign. Coaches provide families with customized solutions based on their personal and family needs.   Listen to these testimonials about Your Adoption Finance Coach:  “The portal offered a great deal of helpful information. However, having a personal coach, a human being, I could talk to and bounce ideas off of helped me understand how the information from the portal applied to me and more importantly, put it to good use. My coach was readily available - I appreciated that I could both email her quick questions AND jump on the phone with her to talk through more complex inquiries; and I always had the portal there as a reference point with best practices, help and templates. The assistance I got from YAFC was invaluable. I fear there are prospective adoptive families out there who believe they make too much money or don’t need help – and so when offered the services of YAFC by their agency or attorney, they look the other way. I think this is a mistake. I would urge families to give YAFC the opportunity to ease the financial burden of your adoption journey; it will make both a short-term and long-term difference. Because of YAFC’s help, I was in a much better financial position when my teen and preteen sons came home than I would have been without utilizing their services. I am grateful.” Stephen, Santiago and Juan, Adoptive Family   “We found the adoption process thoroughly overwhelming (emotionally, logistically and financially) and quite honestly, weren't expecting much when we learned about Your Adoption Finance Coach (YAFC). We attended our first YAFC webinar and were pleasantly surprised. We then spoke with our coach to learn more about their services and how they could help us. Our experience with YAFC was incredible and they are absolutely the first name we mention when anyone tells us that they are planning to adopt. Our coach was informative and patient, guiding us expertly through each step of the gran application process; no matter how trivial the question. We cannot thank YAFC enough. Our adoption would have been very difficult without them.” Luke, Kim and Baby Lennox, Adoptive Family   “Having someone who knows the ins and outs of the application process, who has a relationship with many of the larger foundations, who could tell me which foundations made sense for us to apply to, and who could also help us make sure our application was both thorough and compelling – I don’t know how to quantify such a resource. In addition to helping us find funding to finalize our adoption, our YAFC coach no doubt saved me an unknown amount of time and energy so that I could concentrate what little time and energy I did have on bringing our daughter home and caring for her." YAFC Family, Adoptive Family     Conclusion  Your Adoption Finance Coach and Tsong Law Group stand ready to empower families on their adoption journey. Over the years, Your Adoption Finance Coach has assisted over 15,000 families in raising more than $15 million for their adoption journeys. Together, we firmly believe that financial constraints should not hinder anyone from embarking on the journey of adoption. At Tsong Law Group, we share this belief wholeheartedly. Our team of adoption lawyers is dedicated to ensuring that legal and financial barriers do not stand in the way of building your family through adoption.   If you're planning an adoption and need extra guidance with the financial and legal aspects, don't hesitate to reach out to contact us  or visit this site. There is no extra cost to use this benefit. For more information, you may visit this site.

Released on May 21, 2024, The Bump by Sidney Karger follows the adventures of Wyatt Wallace and Biz Petterelli about five weeks before the expected due date of their surrogate. The New Yorkers decide to take a cross-country babymoon with their dog for their surrogate’s delivery in California for one last adventure and address relationship issues before parenthood. Along the way, unexpected detours open old wounds and secrets, challenging them to rethink the meaning of family as they prepare for their baby’s arrival. This novel shows some of the funny, reflective, and challenging moments a couple may have on their road to becoming a parent through egg donation and surrogacy.    We interviewed our former client Sidney Karger about his book:  Exclusive Interview with Sidney Karger:   #1) Can you describe your journey to becoming a published author?   S: “I had always wanted to be a writer when I was a little kid... When I was 12, I sat down and wrote a book which was a terrible version of Choose Your Own Adventure books. I got encouragement from friends and family to keep writing and then I fell in love with movies. Out of college I started writing screenplays and once I realized people actually write movies. I'm like, ‘I'll be a screenwriter.’ I started writing screenplays and reading them for studios and production companies. Then around after that time, I got a job as a writer director at Comedy Central and was sort of writing and directing for their shows in-house creatively. I became a working screenwriter and left Comedy Central. Sort of that old saying of preparation and opportunity equals luck, I was introduced to my now book agent...I've been collecting ideas through the years and always thought I would write a book, way later in life when I turned 80 or something...I pitched him some ideas and that was my last book that came out last year called Best Men  and it's a romantic comedy and I sold that as a two book deal.”     #2) How much research was involved in writing your book on surrogacy and egg donation? And how much was it was prior knowledge?   S: “My partner and I just started talking about surrogacy years ago and then some friends of ours started having babies that way and through adoption. We learned through osmosis what they were doing and there was a time when we started taking it seriously. As everyone knows, surrogacy and adoption are so complicated and overwhelming. There are so many ways you can collect that information. The book deals with the emotional aspects of whether you're having a baby the traditional way, through surrogacy, IVF, or adoption. I was taking notes from friends and even our parents. You can detect the differences between couples, like the disciplinarian one and the one who is a little more laid back.”    #3) The book portrays Wyatt with a type A personality and loves planning while his partner Biz is more laid back and goes with the flow. Who do you think you identify more with?   S: It interesting, I think I'm probably a little of both. I like to plan and be spontaneous and a little more laid back, but I can be indecisive. The characters are drawn out of people that I know, people I've met, or people I've eavesdropped on in a restaurant. There's a lot of stuff that I draw upon that I've experienced but then put into a different type of scenario with different characters so I can tap into the same emotion I felt. The characters become sort of like heightened versions of parts of my personality and people I know. I don't necessarily gravitate towards one of the other, they're both kind of close to my heart.     #4) Wyatt and Biz are experiencing a bump in the relationship and doubts of becoming parents. If you could have a conversation with them. What advice would you give them?   S: “I would wait until their journey is over and I would say, there's a big lack of communication between the two of them. I would encourage them to talk things out a little more and hash things out. They can figure out why one of them is this way and the other one was that way. Within the book, one starts out super organized and kind of wants to have an itinerary and the other ones afraid of having a baby and wants to play it a little looser. I don't want to give a spoiler away, but it changes in the end. My advice would be to communicate more...with age comes a little more wisdom. I would say to them don't make everything so dramatic and you'll get through this.”    #5) Wyatt and Biz have two very different families. What type of family do you personally envision for your future?   S: “Hopefully a little of both, I love that idea. I came from a big family, but my siblings were older. When they moved out of the house, I was kind of alone with my parents. I got the best of both worlds, and I would love that for my future family. Just the idea of having a big family but then the quiet time you can share. Everyone does their own thing and then you kind of come back together. I love that sort of spectrum of loud and quiet. You rebel against what you grew up with and want the opposite sometimes, but then you realize you want to get back to your roots. I think having that balance is good.”    #6) Without too many spoilers, what scene was the hardest for you to write?   S: “Generally the hardest scenes to write were in the car because I really wanted to make sure that you are with these characters along their “journey.” I wanted the reader to experience being in the car with them, but that could be boring. Those were the hardest scenes and I tapped into road trips that I've taken, long drives, listening to music, coming up with games, calling people on the phone on speaker. Trying to keep the story moving while they're in the car was really a challenge because again, I just wanted you to feel like you're on this road trip with them.   Legal and Realistic Aspects:    As usual for our reviews, we look into whether the story is realistic from a legal and factual standpoint.  Karger shares the process of Wyatt and Biz  selecting an egg donor  and over a year later, anticipating the birth of their child. The story opens with them going through many profiles of egg donors and reading their descriptions. This is very accurate for families who search for donors through agencies that have online profiles and descriptions of available donors. They compile a board of possible donors by considering their family history, biography, and interests. Wyatt and Biz spent over eight months trying to select a donor. After agreeing on an egg donor, they contact the agency to confirm if the donor is available.   Although the story does not follow the process of Wyatt and Biz selecting their surrogate, we are introduced to Flora when she FaceTimes them during their trip to give medical updates. Surrogacy contracts  will often disclose that the surrogate must contact the intended parents and provide updates of doctors visits and allow their attendance in person. These tend to be minimums and intended parents can have more contact than what is in the contract.  Flora does a great job of keeping in contact with the couple and forms a close bond with them. She shares continues to follow up with more calls throughout the novel.   Wyatt and Biz witness the birth of their child in the hospital room beside Flora. The hospital staff are aware of the surrogacy matter once they arrive at the hospital. They are quickly let into the delivery room, most likely because the hospital was given a hospital letter and the court judgment prior to the birth (also known as a PBO ). Before the birth of the child, your attorney should inform the surrogate’s hospital of choice of the matter and provide all the necessary paperwork so the intended parents can safely leave the hospital with their child and have their names on the birth certificate.  There are no legal hiccups or concerns in the novel, which indicates the legal part was well-handled.  Spoiler alert:   We learn of a second journey for Wyatt and Biz using the same egg donor and surrogate. This is a possibility for intended parents who want to embark on a second journey after their first successful one. Many intended parents with good experiences opt to use the same egg donor and surrogate because they wish to have a sibling journey, and already have a close bond from the first journey and know what to expect. We can only wonder if Wyatt and Biz used the same lawyers for their second journey.     Conclusion:  In conclusion, The Bump  by Sidney Karger is a breezy summer read that on a seldom explored topic of fiction, the journey to parenthood through surrogacy and egg donation, and how a couple processes their transition. Karger’s narrative is humorous but also deep, and the reader really feels dropped into the perspective of being on the edge of unknown when starting a family through third party reproduction.  We know the feeling is universal for new intended parents. If you choose the right lawyer, at least you won't have to worry about the legal aspects of your journey. If you need a lawyer for surrogacy and egg donation, contact us now.

An escrow company is a neutral third party that manages funds for two or more parties. In the world of third-party reproduction, an escrow company will manage funds deposited by intended parents which will be set aside to compensate the surrogate or  donor and reimburse them for expenses on the journey. Sometimes instead of escrow companies, attorneys’ trust accounts are used to store the funds. Some states such as California  and New York  surrogacy laws require funds to be held in a licensed and bonded escrow company or in an attorney trust fund.   The exact compensation terms will be outlined clearly in the surrogacy agreement. The surrogacy agreement will also state how much should be deposited in the escrow account, what the minimum balance is, and how long the escrow account has to stay open, and when payments must be made to the surrogate.   Recently, many intended parents have a legitimate fear that the escrow company of their choice may not fulfill its duties. What if the escrow company’s accounts are frozen, the owner or employee stops responding, or worse, appears to disappear with the money, what should you do?  The best way to avoid issues with your escrow company is prevention and doing sufficient research before choosing an escrow company. You should consider many factors when choosing a reputable escrow company. First, experience of an escrow company team is important because they will know how to handle any issues. A successful escrow team should consist of experts in surrogacy banking, CPA (certified public accountants), and licensed attorneys. Along with experience, you can read client reviews of their experience using the company or ask your attorney  for a referral.  Next, a factor to consider is the structure and practices in place. Multi-level security and approvals must be in place for any money to be released from the client’s escrow account. These checks and balances ensure that no single person can commit theft and help significantly reduce potential errors. You can ask whether they have a system that allows for internal checks and balances. This will allow for all levels of management to be watched and prevent potential issues from escalating into larger problems.  Lastly, the escrow company should have insurance and bonding that can cover any potential losses financially. It provides a safety net not only for the company but for your funds. The insurance should cover any potential threats of cyber-attacks or errors made. Be sure to ask for a copy of the bond policy. You can verify whether the bond exists by requesting the policy declaration and calling the bond company.   If you do find yourself in a situation where the escrow company’s account is frozen and payments are not made, and you fear the money is gone here are some steps you can take. Keep in mind the steps can be taken in a different order and multiple steps at the same time.   Immediately attempt to reach your contacts at the escrow company for answers.   Verify with the surrogate or donor if payments were received or not. Ask her to take a screen shot of recent deposits to show that the deposit did not occur.   Screen shot your balance and page, as well as deposit and disbursement history. This will be needed later for proof of what your deposits and the balance you are entitled to, especially if the portal becomes inaccessible.   If you suspect any attempts of fraud and cannot get in touch with your account manager, you can contact the bank where the escrow account is located and inform the account manager you are a beneficiary of the escrow account. Escrow accounts are special accounts at the bank, and the account manager should be able to answer your questions as to the balance of the account and whether it is frozen. If you cannot get through or explain the problem, then ask your attorney for assistance.  Either you or your attorney can also request the account be frozen if you believe fraudulent transactions have taken place or are about to take place. You can also provide proof of screen shots of funds not received by your surrogate.   If you believe you are a victim, immediately report it to the authorities such as the local police, the FBI, and the FDIC. You should also contact the bond company that has a bond to file a claim.  You can also contact your bank to attempt to stop any recent wires or ACH transfers  There are other steps such as contacting your agency, finding other intended parents who are in the same situation, and reaching out to your elected officials, news media, and anyone who can help escalate the issue.   In the end, a lawsuit may be necessary to get your funds back, and a plaintiff’s attorney will be knowledgeable  about the proper parties to sue for a recovery.   Keep in mind you will continue to have obligations under the surrogacy contract to pay. You may have to speak with your attorney about what to do if you are not able to pay the surrogate’s monthly compensation. Steps such as amending the surrogacy agreement to allow more time to make payments should be considered.   Conclusion An escrow company are supposed to provide the parties peace of mind that the surrogacy journey is adequately funded. While in the history of surrogacy, escrow companies for years have been safe, unfortunately the risk of fraud or theft exists. It’s best to research your escrow company to minimize risk, and keep in mind that escrow or a trust account will be the best course of action from the surrogate’s perspective. If issues arise, gather evidence to demonstrate the amount of money is at risk. Having an attorney who is responsive when trouble arises in the surrogacy process is priceless. Tsong Law Group has a strong reputation of responsiveness when their clients are in need. Contact us today if you are begining your journey.