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When embarking on the journey of surrogacy, the drafting of the contract between surrogate and intended parents is crucial. In our experience, there are three contract sections we more commonly see disagreement between intended parents and surrogates. In this blog, we will explore these three terms and recommend how the parties deal with different opinions. COVID Vaccination Status While the most dangerous days of COVID-19 have hopefully passed us, COVID may be fresh on some parties’ minds and intended parents and the surrogate may have strongly differing viewpoints on the need for vaccination or boosters. Ideally, the parties discuss and already have an agreement on the surrogate’s decision to vaccinate or not vaccinate prior to the legal stage. If the parties reach legal and find their viewpoints differ, it is best to keep in mind that the parties are unlikely to change their viewpoint at the contract stage. Open communication is key. Intended parents and surrogates can start by sharing reasons for individual positions on the COVID vaccine. If the intended parents strongly request vaccination or booster, while the surrogate opposes it altogether, this section becomes a sensitive negotiation point that could result in an impasse. A compromise may be possible through alternative measures for preventing COVID. If a surrogate has received a vaccination in the past but opposes a booster shot, the intended parents may wish to contact their physician to see if a booster shot would be recommended or not. Travel Restrictions Travel restrictions are typically part of a surrogacy contract to make the surrogate aware that travel during different stages of pregnancy may have be unsafe, and travel in later stages of pregnancy seems to keep the surrogate close to the delivery hospital, prevent premature birth, and reduce the risk of an out-of-state birth where the surrogate's parentage judgment may not be recognized by that state. Intended parents may react strongly when these provisions are revised by the surrogate. However, surrogates may have valid reasons for travel that should be considered. To resolve disputes about travel restrictions, intended parents should ask why the surrogate would like out-of-state travel or different dates for travel limitations. These reasons could be work or family-related which may allay the intended parents’ fears, and allow for more specific carve-outs. Both parties can build a cooperative and empathetic relationship with communication. Some travel restrictions, such as those to foreign countries during the pregnancy should not be modified as having a parentage judgment recognized in a foreign country will be much more complicated and healthcare access may be much more expensive. Abortion/Termination of Pregnancy Discussions on abortion, fetal reduction, or termination of pregnancy are a very sensitive topic. The parties’ views on the subject need to be discussed beforehand and the intended parents' attorney should be informed ahead of the drafting what the parties have agreed to. While these events are rare in most surrogacy journeys, having a mutual agreement ahead of time is vital. Intended parents and surrogates should approach the topic with empathy and recognize the other parties’ viewpoints are unlikely going to change at contract stage. If the attorney is not informed of the parties’ agreement and the wrong terms are sent to surrogate’s attorney, the parties may find themselves in a much more contentious position. Now, after the U.S. Supreme Court has allowed states to restrict abortion access, the parties need to be mindful of what the legal consequences are if this provision is inconsistent with state law. Even if the parties agree on termination provisions, the contract has to be drafted consistent with the laws of the surrogate’s state. If the surrogate is a “no term” surrogate, the parties should discuss what the termination provision says when the health of the surrogate or the developing child is at risk. A comprehensive approach not only acknowledges the the parties’ views on abortion but also acknowledges potential legal consequences. The parties should approach this section by acknowledging and respecting the other parties’ viewpoints ahead of time. Conclusion: Surrogacy contracts serve as the foundation for a successful and harmonious journey. Every surrogacy contract must be reviewed with the attorneys who should point out potential areas of disagreement, such as COVID vaccination status, travel restrictions, and abortion/termination of pregnancy. Your surrogacy attorney should promote the contract negotiation with an emphasis towards empathy and understanding. This paves the way for possible compromise smoothing over differences in key points. If you need drafting or review of your surrogacy agreement, Tsong Law Group is ready to assist you. We have experience in complex negotiations and resolving difficult contract issues. Contact us today.

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

The Digital Revolution in Surrogacy:   The digital age has transformed how intended parents, gestational carriers, and surrogacy agencies connect. Social media platforms provide a space for open discussions, sharing experiences, and even matching intended parents with potential gestational carriers. However, with this convenience comes a range of legal considerations that should not be overlooked.  Privacy and Confidentiality:   Maintaining privacy and confidentiality is important in surrogacy arrangements. The open nature of social media can possibly expose sensitive information, jeopardizing the privacy of all parties involved. Parties should establish clear restrictions in their surrogacy agreement  to protect the identities and personal details of both intended parents and gestational carriers. Prior to the agreement being established, the parties should be aware that such restrictions will be established in the future, and to keep things such as the identity and other characteristics of the other party they are matched with in confidence. Gestational carriers may have agreements with the agency that their images or names may be used for social media, but the parties should make their agency aware of any agreement to keep the other’s identity secret. The parties should monitor each other's social media feeds to ensure no violations of the confidentiality provision occur and inadvertent disclosures of information (such as a name on a wristband or ultrasound photo) are also removed.  Social media groups are also places where many users air their grievances or seek confirmation that they are right in a disagreement. If the parties have a dispute, it’s strongly advisable not to put it on social media where anyone in a group may be able to see it or spread it. Once someone involved in the agreement finds out another party made a negative post about them, it will be hard for the parties to reconcile their differences. The parties should leave the dispute process to the agency, the attorneys, or what is provided in their surrogacy agreement.   Social media groups are also places where surrogates can find out what other surrogates are making in compensation. We do not discourage the sharing of compensation information (if not prohibited by the contract), but suggest that surrogates be careful of what they post online and be mindful that compensation packages vary but once the match is agreed to, the changes to compensation are frowned upon by the agency and intended parents.    Legal Implications of Online Matching:   While social media groups can be useful in facilitating potential matches between intended parents and gestational carriers, the parties must protect themselves by not over-investing in matches that might not be feasible. The advantages and potential risks associated with using social media apply to potential recipients and donors for sperm, egg, and embryo donation matches. Some issues that make candidates not feasible for surrogacy include married surrogates who have spouses who do not consent, surrogates living in foreign countries or in states that are unfriendly to surrogacy, surrogates with no live-birth experience, and ones relying on public benefits. Consulting with an experienced assisted reproductive technology (ART) attorney  at the early stages of an independent match is essential to ensure that all legal requirements for the surrogate’s state are met and that the rights of all parties are protected.   Scams and Impersonation Risks:   The internet and social media are home to many scams, and the surrogacy world is no exception. As scammers have realized intended parents are desperately seeking surrogates and that money can be made, they may impersonate surrogate candidates with the desire to scam money or emotionally manipulate another party. It is crucial for intended parents to exercise caution, which include background checks (which attorneys can perform) to verify the identity and any criminal history of potential gestational carriers or their partners. Even then, medical records and psychological screenings are needed. Intended parents who are not experienced may benefit from working with a surrogacy consultant or agency to assist them in getting a surrogate medically cleared, while also working with an attorney for legal drafting. Independent journeys are not for everyone, those who opt for this route should be aware that the legal filing process with the court requires meticulous attention. We discuss some of the advantages and disadvantages  here.   Conclusion:   As surrogacy continues to adapt to the digital age, staying informed about the legal concerns surrounding online interactions is vital. Both the advantages and potential risks associated with using social media will apply to the potential matches for recipients and donors in sperm, egg, and embryo donation.   If you need drafting or review of your surrogacy or gamete donation agreement, Tsong Law Group is ready to assist you. We have experience in complex negotiations and resolving difficult contract issues. Contact us today.

Overview and Legal Basis Embarking on the surrogacy journey in Oklahoma   brings both excitement and legal considerations for intended parents. Among these considerations, obtaining a pre-birth order stands as a crucial step in securing parental rights. Under Oklahoma's Uniform Parentage Act, a pre-birth order will ensure that intended parents are legally recognized as the child's parents from birth, simplifying the process and avoiding potential legal hurdles. This guide aims to explain the process of a pre-birth order in Oklahoma that will be drafted and filed by an attorney.  For starters, it's essential that both intended parents are legally married. Unmarried couples are ineligible but single intended parents are eligible for surrogacy in Oklahoma. Another major difference, unlike most states, the surrogacy agreement must be validated by an Oklahoma court prior to the embryo transfer.  Step-by-Step Process Here's a breakdown of the step-by-step process for obtaining a pre-birth order in the state of Oklahoma:  Gather Required Information: Collect personal details from the gestational carrier and her spouse, including date of birth, contact information (phone number or email), address, and full name. The Gestational Carrier must live in Oklahoma for at least 90 days before entering a gestational surrogacy contract.  Affidavits:  Obtain signed affidavits from the gestational carrier, her spouse if applicable, intended parents, and the IVF doctor. All affidavits and agreements must be notarized prior to being submitted to the court.  Authorization for Disclosure:  Prior to proceeding with the PBO, the gestational carrier must sign an authorization for the disclosure of her treatment records and care details at the IVF clinic to the intended parents, their health insurance provider, physicians, and the medical facility. This release typically is signed when at the same time the gestational carrier agreement is signed. Intended parents also must authorize the release of their information and treatment records pertaining to STD testing to the IVF doctor for embryo creation and the surrogacy arrangement.  Risk Acknowledgment:  The gestational carrier is required to sign an addendum acknowledging the risks associated with pregnancy, including the understanding that maternal mortality can result from complications.  Nomination of Guardian:  Intended parents are obligated to sign a nomination of guardian addendum, which identifies a guardian of the child in the event of both parents' passing.  Mental Health Evaluation: The gestational carrier candidate must undergo an in person mental health evaluation which includes a determination that the candidate can proceed with the surrogacy journey.   Parentage Determinations and Birth Certificates If at least one of the intended parents is related to the child, both intended parents can be declared the legal parents in a pre-birth order. As previously stated, an intended parent couple must be a married couple to be declared the legal parents of the child. Single parents can obtain a pre-birth order even if they are not genetically related to the child. Following a validation order obtained prior to transfer, the court will order married intended parents to be named on the original birth certificate of the child carried by the gestational surrogate while single parents will be listed as the sole parent on the original birth certificate. A hearing is not required for a pre-birth order, so intended parents are not required to appear in court.  Obtaining a pre-birth order in Oklahoma secures the parental rights prior to the child's birth, ensuring a smooth transfer of custody. Our experienced team at Tsong Law Group, licensed in Oklahoma, provides close clarity and assurance on surrogacy law. Reach out to us today   to begin your surrogacy legal process.

Adopting a child can be a long journey with financial implications. This year, the U.S. government offers an adoption tax credit of up to $15,950 in 2023 increasing to $16,810 in 2024 to assist adoptive parents with the costs associated with the adoption process.   How does the tax credit work? A credit is better than a deduction, it is a straight refund of qualified adoption expenses up to the annual tax credit in expenses. So, if you have $3000 in taxes for a year, and had over $3000 in adoption expenses, you will get a $3000 refund and the balance as a credit carrying over for a subsequent year.  Qualified adoption expenses  The first thing to do is determine your qualified adoption expenses, as defined in Section 23(d)(1) of the Internal Revenue Code , which consist of costs you have paid that are directly associated with the adoption process . Here's a breakdown of what qualifies:  ● Reasonable and necessary adoption fees: This includes fees paid to adoption agencies or professionals facilitating the adoption.  ● Court costs and attorney fees: Legal expenses incurred during the adoption proceedings are considered qualified adoption expenses.  ● Travel expenses: This covers the costs of travel, including meals and lodging, while away from home for adoption-related purposes.  ● Other directly related expenses: Any additional costs essential for the adoption process fall into this category, such as reasonable birth mother expenses, medical care for the child, etc.  In domestic adoptions, these expenses are considered qualified even if paid before identifying an eligible child. Eligible children are those under 18 years old or incapable of self-care. However, expenses related to adopting a spouse's child are not considered qualified adoption expenses, therefore all stepparent and adoptions are not eligible for any adoption credit. In a special case, if registered domestic partners reside in a state allowing second-parent adoptions, expenses incurred by one partner for adopting the other's child may qualify.  Income and dollar limitations  The tax credit for adoption does have some limitations, including income-based criteria and dollar thresholds. For the tax year 2023, the phaseout range for Modified Adjusted Gross Income (MAGI) is between $239,230 and $279,230, which means if you make between this amount, you will not be able to claim the full adoption tax credit, and at or above $279,230, there is no adoption credit. This applies to those whose status is single, head of household, qualifying surviving spouse, or married filing jointly. Generally, if you are married, you must file a joint return to take the credit or exclusion. However, if you are married and aren't filing jointly because you are separated from your spouse, you may be able to take the credit or exclusion on your own return, but you must meet certain requirements set by the IRS .   Additionally, the maximum allowable adoption expenses each year are influenced by previous claims made for the same adoption effort and expenses incurred during unsuccessful adoption attempts.   In which tax year can you claim the credit?   The timing for claiming the adoption credit depends on when expenses were paid, the type of adoption (domestic or foreign), and when the adoption was finalized. Expenses paid before the adoption is finalized can be claimed on the tax return for the following year for domestic adoptions, while for foreign adoptions, expenses paid before and during the year of finalization can be claimed on the tax return for that year. Once the adoption is finalized, expenses paid during or after that year can be claimed on the tax return for the year they were paid, regardless of whether it's a domestic or foreign adoption.  This means that expenses paid in previous years may be eligible for the current year's tax return. For example, if an adoption became final in 2023, expenses from previous years leading up to the finalization can be claimed on the 2023 tax return.  Special Needs Adoptions   Adopting a U.S. child identified as having special needs may qualify you for the maximum adoption credit. However, this maximum amount may be reduced if you've claimed adoption expenses for the same child in previous years, and income limits may apply. Additionally, even if you or your employer didn't pay any adoption expenses, you may still qualify for an exclusion if your employer has a written qualified adoption assistance program. A child is considered to have special needs if they are a U.S. citizen or resident when the adoption process begins, the state determines they can't or shouldn't return to their parents' home, and the state believes they likely won't be adopted without assistance.  Filing Considerations  Your filing status affects your eligibility for claiming the adoption credit or exclusion. If you filed your taxes as "married filing separately" in the year you first qualify for adoption expenses, you generally can't claim the credit or exclusion for those expenses. You may need to amend your return to change your filing status if you meet certain requirements. To claim the adoption credit or exclusion, complete Form 8839 and attach it to your tax return. You no longer need to include adoption documentation with your return, but you must keep it for your records. The IRS encourages e-filing, and Form 8839 can be e-filed with your tax return, eliminating the need to mail completed forms.    This article is for informational purposes only. It does not constitute legal or tax advice. Talk with your tax professional if you need help with seeking an adoption tax credit. If you have an adoption in California, our legal team is ready to help you. We even offer the benefit of Your Adoption Finance Coach  to those pursuing an independent adoption and need help with fundraising, grants, or budgeting for their adoption. Reach out to us now .

Intended Parents who opt to use a gestational surrogate often have questions regarding their legal standing as parents. One key question that comes up is: who is on the birth certificate when we use a surrogate?    In many surrogacy-friendly states like California, New York, Washington, Arizona, and Oklahoma  where Tsong Law Group is licensed, intended parents are to establish their parental rights through a pre-birth order.  You or your agency should inform your attorney that your surrogate is pregnant, so the attorney has time to prepare a pre-birth order.   Once the lawyer obtains a pre-birth order from the court, this court judgment will instruct who will appear on the birth certificate worksheet. The pre-birth order will require hospitals to allow the intended parents to complete the birth worksheet at the hospital and orders that the intended parents be listed as parents on the original birth certificate. A pre-birth order in a state which accepts it means that the intended parents are the parents at birth. Pre-birth orders allow intended parents to have full custody and parental rights to the child and the intended parents do not need subsequent orders.  However, not all states are pre-birth order states.  Other states like Utah, Texas, Oregon and Florida are post-birth order states, where the legal judgment for parentage is issued after the baby is born. In Florida and Tennessee, the non-genetically related intended parent or couples may have to do a post-birth adoption rather than a post-birth order.    As we have discussed in our  blog  about pre and post-birth orders, in some post-birth order states, the birth certificate may originally be in the surrogate’s name, and after the post-birth order is granted and received by the state’s vital records, the original birth certificate may be sealed and replaced by one with intended parents’ names. Intended parents will thus end up on the birth certificate and the gestational surrogate should not be on the birth certificate.      Conclusion:  Every surrogacy friendly state in the United States has specific procedures to establish parentage and allow intended parents to be on the birth certificate. To not have the surrogate and their spouse be on the birth certificate, it is important to consult with your attorney on the applicable state’s laws.   Every surrogacy journey is different so consult with Tsong Law Group. Our attorneys are well versed in surrogacy laws and licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. Contact us now  for your surrogacy legal needs.

The process of gaining legal clearance is required before intended parents and their surrogate can actually start the medical process of surrogacy. Legal clearance occurs when a surrogacy agreement is signed by all parties. Surrogacy agreements are an important part of the journey, as they memorialize the intentions of the parties and guide the parties’ actions for the next year or so that a surrogacy journey takes. It is a collaborative effort involving the intended parents, the surrogate, and their respective attorneys. Generally, the intended parents’ attorney initially drafts the contract which is then reviewed by the surrogate (and spouse or partner, if applicable) and her attorney to also ensure that the interests of the surrogate are protected. Thereafter, negotiations will continue between the parties. In our previous articles, we have discussed the legal requirements of surrogacy agreements in states where Tsong Law Group are licensed, namely California, Washington, Illinois, Arizona, and New York. To readers who hope to understand what is in a surrogacy agreement, in this blog article, we will outline the Fundamental Topics, Finances, and Risk and Liabilities. Basic Framework Here are some typical provisions that should be included in every surrogacy agreement: An introduction which contains the identity of the parties, including both intended parents and the surrogate; A purpose and intent section which, in California, also identifies source of gametes, as well stating who will be the parents, who relinquishes their parental rights, and that everyone has provided true and accurate facts to one another; A description of the medical procedure to occur, namely the embryo transfer, and the selection of the physicians for the process; Prohibitions on the surrogate’s conduct which can include, abstinence, activity restrictions, drugs and alcohol; and Rules of conduct will be requested to be followed by the surrogate such as following medical instructions, restrictions for travel and activities. Paragraphs discussing risks, liabilities of the parties, breach and termination of the agreement. While most surrogacy arrangements are followed successfully, every surrogacy agreement has to consider how to pay for medical expenses; what happens in the event of disagreement, breach; how to terminate the agreement; and waivers of liability. These are some sections we regularly see in surrogacy agreements: Grounds and procedures for termination of pregnancy; An assumption of risk and general release by the parties; An explanation of the intended parents’ responsibility for medical costs and the results of a review of the surrogate's insurance policy, if any; A discussion of a life insurance for the surrogate and the legal consequences of providing it; What happens in divorce or separation, and death of intended parents; The duration of the agreement and how and when the parties can terminate the agreement; and A breach and/or dispute resolution section. The Financial Component Last but not least, unless the surrogacy agreement is in an altruistic arrangement (one where the surrogate does not receive compensation), it is essential there is a section on the finances which should highlight the following: Compensation. While the payment differ with each case, there is usually the following categories of compensation: A monthly allowance to cover monthly expenses; Pregnancy compensation (usually paid monthly) while the surrogate is pregnant; A start of medication fee and embryo transfer fee; and Fees for certain types of invasive procedures, loss of organs, or a cesarian section. Travel expenses. If travel is required, what travel expenses will be paid for. Lost Wages. This can include the length of lost wages and other childcare and housekeeping allowances while on bedrest. Escrow or trust account. A discussion about who holds the funds during the journey, how long the escrow or trust account remains open after the journey, and what the balances should be at different times. Conclusion The surrogacy agreement is a crucial step in a surrogacy journey. Although this may not be the most exciting aspect and some will be tempted to try to use a contract they found from someone else or on the internet, it is critical to consult with legal counsel prior to making such a move. Most ART attorneys find it easier to use their own contract rather than work off of a contract the client found on the internet which they lack the permission to use. The attorneys of Tsong Law Group have drafted and reviewed hundreds of surrogacy agreements, representing both intended parents and surrogates. We can represent you efficiently and explain the surrogacy agreement in an understandable way. Contact us now for more information.

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

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

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