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When starting a family formation journey, it's important to be prepared legally and financially. One way to help pay for your legal costs for your journey is with the assistance of legal insurance. What exactly is legal insurance, and how can it help you in your surrogacy journey? Let’s break it down in simple terms. Legal insurance is a special type of insurance that pays for legal services. Think of it like health insurance, but for legal matters—it can cover the costs of hiring a lawyer for things like reviewing contracts, handling disputes, or providing legal advice. In the context of your family formation case, legal insurance can be particularly helpful to cover costs of drafting or reviewing an agreement. ' A third party reproductive journey involves a range of legal documents and agreements between intended parents, surrogates, donors, and sometimes surrogacy agencies. These documents can include surrogacy agreements, which outline the responsibilities and expectations of all parties involved; egg, sperm, or embryo donation agreements, which detail the terms of donation and parental rights; and adoption paperwork, whether it is a straightforward adoption or one where an adoption is needed to confirm parental rights of a parent for a foreign surrogacy arrangement or for a parent in a sperm donation case. Having legal insurance can help cover the costs, saving you money. At Tsong Law Group, we recognize the value of accessible legal services, particularly for complex matters like surrogacy ,   adoptions , and  donations  involving eggs, sperm, or embryos. That’s why we accept major legal insurance plans from top providers inclu ding: MetLife Legal Plans , LegalEASE , and ARAG Legal Insurance . Each offers distinct advantages to help you navigate your legal needs with confidence. MetLife Legal Plans  provides comprehensive coverage at an affordable cost, with access to over 18,000 qualified attorneys nationwide. Employers that offer MetLife Legal Plans include major corporations like Microsoft, Bank of America, Ebay, Meta, Boeing and Morgan Stanley.  We are one of the few surrogacy law and adoption specialists under MetLife Legal Plans.  Your coverage will vary depending on your employer but for some, MetLife will cover 20 hours of reproductive law, which will cover egg donation cases, a surrogacy agreement and part of a surrogacy parentage action. For others, Metlife may not cover reproductive law, but you may still be eligible for four hours of out-of-scope services which will cover a gamete donation agreement or count towards a surrogacy contract.  To check your Metlife benefits, we need your eligibility ID or membership number.  LegalEASE  has been a trusted name in legal insurance since 1971, offering plans that are often provided as employee benefits. Employers offering LegalEASE include Target, Google, CVS, and Stanley Black & Decker. Known for their expansive attorney network of over 20,560 vetted professionals, LegalEASE makes it easy for members to connect with the right attorney through their unique Compatibility/Matching System. Some LegalEASE cases will pay for your attorneys fees in full, for other cases you will be entitled to a discount on flat and hourly attorney fee rates.  ARAG Legal Insurance  is another legal insurance offering to University of California employees, California state employees, and employees at companies like Wells Fargo, the Cigna Group,  Mattel, and Oracle. ARAG was one of the first to offer reproductive law benefits. We accept ARAG for some egg, sperm and gamete donations cases, foster adoptions, and surrogacy agreement reviews. Where coverage is not found, you may still be entitled to reductions in flat or hourly rates. An honorable mention goes to Men Having Babies , a private organization. Members of Men Having Babies are entitled to 10% discounts and larger discounts if they qualify for the Gay Parenting Assistance Program (GPAP) levels 1 or 2. By being qualified to provide services under these providers, Tsong Law Group provides an avenue for some clients to find discounts on their legal fees. Whether you’re navigating surrogacy, adoption, or other family-building options, we’re here to help you every step of the way.  If you’re interested in legal insurance, your first step should be to check with your employer. Many large employers offer legal insurance as part of their benefits package. Ask your Human Resources department if legal insurance is available to you and whether it covers surrogacy and related legal matters.  In addition to the main legal insurance providers, some workplaces offer other options like Workplace Options, a provider that partners with employers to offer legal services, and CLC (Certified Legal Counsel), which is another resource that some employers provide access to for various legal needs. These options can sometimes extend to cover surrogacy-related legal matters, so it’s worth exploring all the avenues available through your employer. Once you have your insurance or plan in place, the next step is to open up a case or matter, and you can then search for our name as a provider and request our service. We can assist you whether or not we are local to you, as long as you or your donor or your surrogate lives in one of our licensed states: California, Arizona, New York, Oklahoma, Illinois, and Washington.  Conclusion: The legal aspects of surrogacy, gamete donation, and adoption don’t have to be overwhelming. With the right legal insurance plan, you can have peace of mind knowing that your legal needs are covered, allowing you to focus on the joy of building your family. At Tsong Law Group, our experienced team of surrogacy, adoption and egg donation attorneys is here to guide you. We are licensed in California, Washington, New York, Arizona, Illinois, and Oklahoma.  Contact us today  to learn more about how we can support you on your surrogacy journey.

If you’re a Netflix subscriber, The Surrogacy (Madre de Alquiler), a Mexican telenovela drama might have caught your eye as a top 10 Netflix series in the US. It is a 24-episode drama that features a young girl who becomes a surrogate for a young and wealthy married couple. You might wonder as we did whether there will finally be a TV series with a nuanced, informed look at surrogacy or surrogates? In this series review blog, we will discuss the first two episodes for its depictions of surrogacy and its legal accuracy. The story opens in 2004 when surrogacy is still illegal in Mexico. Despite this, an influential and corrupt family targets Yeni, a young, naive woman who finds herself in a desperate situation when her father's freedom is on the line. To save her father, she agrees to become a surrogate for Julia and her husband, Carlos, who is heir to a powerful company. After successfully delivering the babies, everything changes. Depictions of Surrogacy and Its Legal Accuracy Sadly, the series makes very little effort towards factual accuracy. It is something of a legal and factual train wreck in how many things it can get wrong. Here are some inaccuracies spotted early on: Yeni, the surrogate, has never given birth before. Under ASRM guidelines, surrogates must have experience delivering babies so that the doctors know they are ideal candidates without complicated deliveries. Yeni would be a very unlikely candidate for a couple’s last embryo when there’s no telling if she has a history of miscarriages or whether she would deliver full term, or whether she would become attached or have psychological issues having never had a child before. Yeni agrees to be a surrogate after a short meeting while under pressure the whole time. She has no consultation with a doctor about the risks. It is also unclear whether she is compensated other than the room and board. Altruistic journeys happen between friends or family, not among strangers. Confinement in surrogacy is also a major red flag. In one scene, the family lawyer attempts to convince the doctor who will perform the IVF Procedure that she should do it even though surrogacy is illegal, it might eventually become legal in Mexico. She makes some inaccurate statements that surrogacy has a negative emotional impact on the surrogate and child. The intended parents have one embryo which splits into a boy and girl which is not scientifically possible. As a typical trope, the husband has an affair with Yeni, possibly impregnating her. This should not happen in gestational surrogacy arrangements. The family abandons one of the babies with Yeni. With regard to legal accuracy Yeni’s attorney (though she never actually retains him) is her dad’s criminal defense attorney who does not have her best interest at heart. In many states, the surrogate must have her own attorney of her choosing, ideally one who is a certified specialist of third-party reproduction law. The surrogacy contract appears to be just a two-page contract which Yeni has just a few minutes to review and sign it. Later, Yeni is repeatedly told that because she signed it, she is bound by the contract when it should be void as surrogacy is not yet legal in Mexico and apparently doesn’t give her the freedom to terminate the agreement . There is no confirmation of parentage through a court or administrative body, instead they do the old "baby swaperoo” whereby Julia pretends to deliver one of the children the day of the delivery. What about Surrogacy in Mexico today? Surrogacy in Mexico is somewhat a legal gray area. Previously, only the state of Tabasco recognized surrogacy. Recently, there has been an increase in commercial surrogacy in Mexico as apparently a Mexican Supreme Court decision legalized compensated surrogacy. Some Americans have been able to utilize surrogacy in states outside of Tabasco, however, if there is no law passed in the state of the Mexican surrogate, the surrogate may be listed as the mother on the birth certificate. To remove the surrogate and replace them with a spouse or partner on the child’s birth certificate, a stepparent adoption or confirmatory adoption will be needed in the United States, and this will require the consent and cooperation of the Mexican surrogate. Conclusion The Surrogacy, Netflix's latest Mexican drama, launched its 24 episodes of its first season on June 14, 2023. Given its popularity, many must find this a campy romp. But don't expect any kind of accuracy or insights as to surrogacy in Mexico or elsewhere. We just noted some of the inaccuracies in the first two episodes. Hopefully, viewers of The Surrogacy will know that outside the drama, surrogacy can be normal, ethical and not exploitative. If you want to learn more about surrogacy law follow us on our social media, subscribe to our blog and newsletter. If you are looking for an independent surrogacy lawyer for your surrogacy contract and want to avoid ending up like Yeni, contact us today.

Dhar Mann Studios is a popular YouTube producer who makes short films which come with a positive moral lesson for his fans, who are mostly kids and adolescents. In his recent short film with the sensational title "Surrogate HOLDS BABY For RANSOM, What Happens Is Shocking," he enters the world of surrogacy. The idea of the surrogate holding the child she is gestating for emotional or monetary ransom is nothing new in the movie industry with examples like The Sinister Surrogate,  When the Bough Breaks, and so on. It is extremely rare in the real world though. The most famous case would be the Baby M case in Michigan  which was a traditional surrogacy  case and occurred after the child’s birth.   Synopsis  The film opens with Intended Parents Sandra and Jeremy with Gestational Carrier Emily at their kitchen table. Emily asks the Intended Parents for an advance on her last pregnancy compensation check of $5,000, which the Intended Mother Sandra is happy to give. Emily leaves the house and we are introduced to Emily’s boyfriend Seth, her abusive partner and father of their child with a gambling addiction. We learn that the couple have been facing financial struggles, and Seth pressured Emily to become a surrogate from the start. After drinking and gambling away her last check, he devises a plan to steal from Sandra and Jeremy during their baby shower while Emily rests inside. Despite Emily’s efforts to stop Seth’s plan, Seth manages to steal Sandra’s expensive jewelry pieces and forces Emily to cover for him.   Sandra even offers Emily a credit card to use since her due date is nearing. Seth uses all the money he received from selling Sandra’s jewelry to gamble and takes the credit card to book them a flight to Mexico. He plans on forcing Emily to hold the baby for ransom.  Sandra and Jeremy confront Emily and Seth when they are arrested and escorted off the plane. Although Seth denies any illegal doing, Sandra reveals they have video footage of Seth stealing the jewelry which shows Emily was resisting his plans.   Sandra encourages Emily to leave Seth and reclaim her independence. The film ends with Emily realizing that staying with an abusive partner does her own biological daughter more harm.   How realistic is this portrayal of surrogacy?   Coercion and Manipulation. Seth manipulates Emily to become a surrogate for financial gain although she did not want to. In a legal surrogacy arrangement, there will be a recital that all parties should enter into the agreement voluntarily, willingly and without duress. While there are anecdotes of partners attempting to coerce women into surrogacy, it is our experience that  surrogacy in the United States is voluntary  and is not a result of financial duress. Most agencies will not take surrogates who are on government assistance to avoid situations of financial duress and we recommend independent intended parents follow this guideline as well.  Surrogacy Compensation.  Surrogacy arrangements typically have an escrow account which is a third-party escrow company or attorney that is responsible for making payments to the surrogate. In fact, in California, a third-party escrow or trust account is required for any surrogacy contract with an agency involved. In this case, the surrogacy appears to be independent, and Sandra writes a check to Emily which is an advance on her last payment as she states money is tight.  In our contracts, the parties agree they shall not contact each other to discuss financial issues they are having and to talk to the agency or attorney if they are having issues. However, in an independent arrangement, direct payments to the surrogate from intended parents may take place if there is no escrow. It is ill-advised to advance any payment before its scheduled time.   Sandra also gives Emily a credit card near her due date which is unrealistic and something we have never seen in a surrogacy agreement. There are maternity clothing allowances or even dietary allowances which could cover expenses that the credit card was contemplated for, and it is advisable to follow the contract rather than provide an open-ended credit card to the surrogate.  Including the Surrogate’s Partner in the Contract. While spouses of surrogates are almost always included in the surrogacy contract, it is a best practice to include the surrogate’s live-in-partner in the surrogacy agreement. It is further a good idea to do a criminal background check of all the parties including the surrogate’s partner. In this case, the intended parents did not even recognize Seth when they saw him in the car late. Best practices were not followed to learn that the surrogate has a partner late in her pregnancy.   Travel and Other Restrictions.  Surrogacy agreements typically prohibit travel after a certain gestational week, as travel out of state could result in an emergency birth and the surrogate’s health insurance or parentage order not being accepted in the state she gives birth in. International travel is prohibited for multiple reasons including health and legal reasons. Travel by air usually requires doctors’ permission from a legal standpoint. It’s unlikely a surrogate who is later than 32 weeks pregnant could get on a flight so easily without doctor’s permission.  Lastly, as an aside, Emily looks like she had a spray tan or has been to a tanning salon, and this might also be a violation of the surrogacy agreement.  Such restrictions are to ensure the health of the baby and prevent premature births or miscarriages.  Parentage Considerations.  It appears Emily is in her last trimester in this film as her compensation check is supposed to be her last one. In pre-birth order states,  with the proper attorney, legal parentage should have already been established in favor of the intended parents. In such states, the intended parents would be the parents and the surrogate’s cooperation might not be necessary. Traveling internationally would be the sticker though as Mexico might recognize the child as the surrogate’s.    Conclusion:   Dhar Mann’s films appeal to older children as his characters get into dangerous or difficult situations and either end up getting caught or making the right choice.  This film diverges from his normal subjects as it just jumps into the subject of surrogacy without explanation, so some children might be confused what exactly the arrangement is. Although the ending is positive, it might not be a good early example of surrogacy to show to your kids as it might make them fearful of surrogacy and feeling it lacks legal security, even though the surrogate in the end was never “holding the baby for ransom.” For kids who feel comfortable with surrogacy, this could be fine to show as entertainment and to understand other people’s situations.  Although this short film is short on realism, it is a step towards normalizing surrogacy, as it makes the moral dilemma no different to many other moral dilemmas Dhar Mann’s characters face in his other shorts. This short film has over 12 million views with positive feedback from its audience. For a short watch, it might be worth a view as long as you keep in mind it is not an accurate portrayal of the vast majority of surrogacy journeys.   If you are looking for a more legally secure journey than the one depicted in the Dhar Mann short, contact us now. Tsong Law Group's award-winning surrogacy lawyers, licensed across multiple states including California, New York, Illinois, Washington, Oklahoma, and Arizona, are dedicated to representing intended parents, surrogates, and donors.

Harmony Gourson, a former surrogate and client of Tsong Law Group , openly shares her surrogacy journey on her online Tik Tok, Facebook, Instagram, and Youtube audience to bring insight into a niche topic. We represented Harmony in her first journey with Chinese Intended Parents . In our latest interview, Harmony shares her first interests in being a surrogate, the challenges with dating, joyful memories, and personal moments that defined her experience. She hopes that she can educate potential surrogates or those unaware of the option with her platform and past experiences.  1. How did you decide to do surrogacy? I always knew that I wanted to be a surrogate since I was younger. I had a teacher who tried to be a surrogate for her friend and I just thought it was the coolest thing that she could help her friend by carrying her baby. That was kind of what first put the idea in my head. When I was about 24,  I felt it in my heart to do it.  2. What were you looking for when you chose your agency? I wasn't really looking for a specific agency  since I was just looking to be a surrogate. I had just seen my friend do surrogacy so I asked her where she did it. She sent me the agency and that's the agency I went with so I didn't do any research or ask any questions. I applied and got pushed through the process. If I were to do it again now, I would ask when they first became an agency. That's a big question and it might seem a little bit random, but I think it's a good way to look at how many cases they've had, how they've handled them, and how many case managers they have. Your experience will depend if you go with an agency that has 40+ applications a month versus an agency that has maybe five applications a month.  3. Did you kind of know which IPs you wanted to work with? Looking back, I didn't ask any questions. All I knew was I wanted to have a good relationship with them and I wanted my son to meet them. Those were my only two requirements when it came to matching. You can have such a different experience depending on whether you have an agency or independent, whether you have a big or small agency. I had a good experience but a lot of people that I know didn't have the best experience. If I were to do it again, I would want parents who live here so that we can have just a different dynamic.  4. How was it like working with Chinese intended parents? I didn't meet my first IPs until the day that I gave birth, which I thought was crazy. It ended up being fine but I wish that I would have met them prior to in the hospital when I gave birth.  My last IPs for the journey that didn't work out, I met up with them and had dinner with them before my transfer. I t was a different experience but I don't mind working with any race. I got to experience both a little bit and it was a more like close relationship that we created. When the transfer failed for my second journey, it just broke my heart so there were a lot more emotions even though it didn't end up progressing into a baby.  5. How did surrogacy affect dating? My first journey I was single. People obviously don't really want to date somebody who's pregnant, especially with someone’s baby, so dating while you're actively pregnant is hard. I started dating my now husband and he was really supportive of me. He gave me a lot of support especially after the failed embryo transfer and was always on the same page from the very beginning. He thought that it was so cool that I was able to help people and he understood the whole process. I really just think the biggest thing is if your partner is supportive of you through anything, then I'm sure that they'll be supportive of surrogacy. If you don't know what that process looks like, it's hard to really explain it to a partner. I think it was easier for me because I had already gone through it before, but if you've never gone through it, you're kind of going through it together. If they have a problem with it, then you shouldn't do it, because they might have valid concerns like “I'm not comfortable with you taking that risk” and so that has to be something that you both agree on, especially if you're married.  6. How did you explain to your child your surrogacy journey?   So he was almost five and I just waited until I was past the first trimester. I wanted to make sure that it was official before I explained it to him because he was so young and I didn't want to explain a miscarriage.  I sat him down and told him, sometimes mommy's really want to be mommy’s  but they're not able to so the doctor helps them and mommy’s, like me, carry the baby for them. Now he is almost 11 so if I were to do it again, I would just explain to him in a more mature conversation. I would explain how some people struggle to have babies because of infertility and some people just aren't as fortunate to have that experience so mommies help other mommies have babies. I would say if they are under three, then you wouldn't have to explain it.  I t was really important for me that he met the baby so it wasn't just like I had a baby and then all the sudden the baby's gone. He got to meet the grandma and family and experience what their dynamic is with the baby and see the baby that I carried. I think that was good closure for him. H e wrote on one of his school projects fun facts about you and one of the facts was like my mom had a Chinese baby.   It was so funny when he brought home the thing.  7. What are some things you did during your surrogacy pregnancy that differed from your pregnancies?  I think the only thing really was traveling. I traveled more during my regular pregnancies than my surrogacy pregnancies. I did travel once with my surrogacy pregnancy to go see my grandma in Utah but that was pretty early in my pregnancy. I didn't travel at all at the end because I have really rough pregnancies with morning sickness, so I'm not really able to do much.  8. Did you intend your posts on surrogacy to go viral? How did it change things for you? How do you approach the more negative comments?  I started my YouTube channel in 2014 so I was very young. I started off by doing makeup tutorials and get ready with me for cheer. It was definitely cringe when I look back on some of the videos. I just loved making videos that was just something that I love doing and then I started sharing my surrogacy journey. Because I shared everything, it wasn't really weird because I had already been posting on social media a lot.   I started sharing my experience as a surrogate and then my labor and delivery video  started to go viral. The labor and delivery video got millions, I wasn't expecting that but it was cool to reach a different audience I guess.  It depends on when you ask me this question because I'm human. Obviously I get triggered by things and I’ve definitely responded to the negative comments. I've had to learn to just block and delete and it took me a really long time to get to this point. I still work on it every day when I get a negative comment, but I have to remember this is my platform for me to share my experience so I can talk about whatever I want. People want to come on my page and tell me, X Y and Z I can just block them because it's my page.  Conclusion As our conversation with Harmony Gourson comes to an end, it’s clear that her journey as a surrogate was about creating lasting bonds and memories that will stay with her forever. Her openness offers valuable insights into the behind the scenes and rewards of surrogacy.  Harmony’s story serves as a reminder of the power of compassion and the extraordinary ways we can support one another. Who we are: Tsong Law Group are surrogacy lawyers licensed in California, New York, Illinois, Washington, Oklahoma, and Arizona. Ralph Tsong is a 3-time Super Lawyer and Fellow of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption-ART Lawyers (ACAL). We represent surrogates, intended parents, and donors.    Please contact us for a free consultation if you are embarking on a surrogacy or gamete donation journey.

The Wrong Mother is a drama thriller movie produced by Reel One Pictures in 2017. It stars Vanessa Marcil as Kaylene, Brooke Nevin as Vanessa, and Stephen Snedden as Kaylene's husband Drew. The movie revolves around Vanessa, who is apparently a nurse, who provides home care to Kaylene, the mother of two who is happily married to commercial pilot Drew after she is a victim of a hit and run. Vanessa soon seeks to usurp Kaylene’s role as mother and wife of Drew while keeping Kaylene drugged and isolated from her family. Spoiler alert: Turns out Vanessa is Kaylene’s anonymous egg donor and after Vanessa learns she cannot have children of her own due to lack of egg reserve, she goes crazy, uses her guiles to find out information about her intended parents and plots to upend their lives. (It doesn’t appear to cross Vanessa’s mind she could be an intended parent through egg donation herself.) Vanessa’s end game is to be the mother of Kaylene and Drew’s kids, and she will go to any lengths to remove anyone who is in the way of her plans. Legal and Other Accuracy I’m not sure any lawyers were consulted in this movie. Vanessa’s actions are operating on the theory that “possession is 9/10th of the law” which is not actually grounded in law at all. In reality, egg donors sign a contract in which they relinquish all legal rights or responsibilities to any resulting children or embryos. If Vanessa donated eggs in a typical contract situation, she would have her own attorney who would make sure she read the contract and understood it. Vanessa can’t reverse the donation because Kaylene is legally the birth mother as a result of being the natural parent of the child, and being on the birth certificate. While it is a fear of expressed by some intended parents entering into an egg donation, especially a known donation, that their egg donor might seek to become a parent to the children, I am not aware of any instance of this happening, nor am I aware of any donors replacing intended mothers. Furthermore, egg donors receive psychological and medical screenings and should receive an explanation during those screening exactly what they are doing. Egg donors also understand, via the egg donation contract, that there may be medical and psychological complications as a result of the egg donation and agree to assume those risks. If you are wondering, there does not appear to be a medical correlation between egg donation and depletion of ovarian reserve. Conclusion: We wanted to review this movie because there are a lot of similar movies about surrogacy with the Fatal Attraction formula where the surrogate lives with the family, and tries to seduce the husband and kill/take over the role of the wife, yet this one was about an egg donor, and maybe it would be different in some way. Unfortunately, it isn’t different and its potential “campiness” appeal is limited by its slow-moving pace and Lifetime movie-style predictability. It would have been an interesting take if Vanessa, upon learning of her own infertility and obtaining information about the children, the movie shifted and considered what would the legal outcome be of an egg donor who makes a claim of maternity via a DNA test (spoiler: she would likely lose). But that would prevent a Cape Fear/Single White Female kind of thriller that The Wrong Mother was aiming for. The movie is not to be taken seriously. If you are a donor or parent through egg donation with a sense of humor who feels left out that there are a lot of cheesy surrogacy thrillers but almost none about egg donors, check it out and let us know how you feel about the movie. The movie is available to watch on Freevee on Prime Video. If you are considering surrogacy  or egg donation  as an intended parent , or as a potential surrogate  or egg donor , consulting with 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.   For a free consultation in ART law, contact us now. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

Legally Blonde Blurb: “Legally Blonde”  is a classic fish-out-of-water comedy following Elle Woods, played by Reese Witherspoon, an irrepressible sorority girl who enrolls at Harvard Law School and overturns everyone’s expectations. So what does that have to do with sperm donation? In one early classroom scene, Professor Stromwell asks the class to consider the case of a sperm donor seeking parental rights. Elle Woods’ ex-boyfriend, Warner Huntington, responds: “According to Swinney vs. Neubert ; Swinney, who was also a private sperm donor, was allowed visitation rights as long as he came to terms with the hours set forth by the parents. So, if we’re sticking to past precedent, I mean, Mr. Latimer wasn’t stalking. He was clearly within his rights to ask for visitation.”  Elle challenges this analysis responding: “Well, unless the defendant attempted to contact every single one-night stand to determine if a child resulted in those unions, he has no parental claim over this child whatsoever. Why now? Why this sperm?” Although not enunciated by Elle, she may be taking the position that if a donor contractually waived all parental rights, he would not be entitled to visitation rights. Legal Analysis: While Elle gained the professor’s praise with this exchange, we are not so convinced by her reasoning. Generally, whether a donor seeks to establish paternity or visitation on all their donations or just a select number should not determine the merit of their claim. Swinney v. Newbert  is a fictional case, and not likely to be a first year law school question, but there are real life corollaries to this exchange, namely, whether the intent at the time of conception controls forever, or if conduct after the donation may subsequently override a valid gamete donation agreement.  Before states began developing laws that addressed the rights of gamete donors, the courts had to tackle these issues first. In general, all 50 United States have a presumption that if a child is born in a heterosexual marriage, the husband and wife and the parents. When there was not a marriage, unwed fathers have been found to have due process rights to seek parentage when they demonstrate a full commitment to parenting responsibilities. (See Lehr. v. Robertson , 463 US 248 (1983)). The first reported case to address a known sperm donor’s rights was the 1977 New Jersey case of C.M. v. C.C. , the mother used an at-home insemination kit and there was no written contract between the parties. The donor sought to establish parental rights. The court found that because it was in the child’s best interest to have two parents if possible; there was no one else to assume responsibilities of fatherhood except for him; and he actively participated in insemination, he should be considered the legal parent and was granted visitation rights despite the mother’s opposition. This is an unhappy result for many, but fortunately some states have developed case law or statutes that protect the parties from a donor seeking parental rights or a parent seeking child support against a donor.  Jason P. v. Danielle S. is a recent case that involves a sperm donor who sought to establish parental rights. It reminds us of the fictional Sweeny v. Niebert in Legally Blonde , because it examines whether a sperm donor can have a right to parent a child when he initially agreed to be only a donor.  Under California law, a sperm donor who donates sperm to a physician or a licensed fertility clinic for assisted reproduction is treated as not the natural parent of the child conceived “unless otherwise agreed to in writing signed by the donor and the woman prior to the conception.” (Family Code 7613(b)). However, California Family Code Section 7611(d) defines a person to be presumed to be the natural parent if “ the presumed parent receives the child into their home and openly holds out the child as their natural child.” In Jason P. , the California Court of Appeal decided whether Jason P. qualified as a sperm donor defined in Cal. Family Code Section 7613(b) and was unable to establish presumed parenthood using Section 7611(d). The answer is surprising.  Jason and Danielle were an on-and-off couple (Jason actually being Lost Boys and Speed 2 actor Jason Patric), and Jason agreed in writing to donate sperm to Danielle. Jason deposited sperm at a fertility clinic and Danielle used his sperm for IVF. Although they filled out consent forms at the IVF clinic prior to conception, which listed Jason as an intended parent, the clinic’s consent documents were not enough to satisfy the “in writing”  requirement in Section 7613(b) where the donor and mother agree the donor will be treated as a natural parent. The trial court found that this was the end of his claim to parentage.  However, the Court of Appeal interpreted Section 7613(b) as only precluding “a sperm donor from establishing paternity based on biological connection to the child” ( 226 Cal.App .4th 167 (Cal. Ct. App. 2014)).  Jason argued his actions after the birth of the child establish parentage instead of only using biological connection and could establish paternity under Section 7611.  The appeals court agreed that Jason could in fact show he was a presumed father to the child, not because of his biological connection but because of facts which showed his commitment to the wellbeing of the child.  Danielle and the child would frequently visit and stay in Jason’s home in New York. He presented evidence of his relationship with the child where the child refers to him as “Dada.” In the end, this was enough to send the case back to the trial court where it did find that Jason was a presumed father, and entitled to parental rights. A long custody battle followed and a second appeals court decision in 2017  found that the trial court correctly found parentage based on his actions to accept his role as a parent, not his genetic contribution.  Comparison and Takeaways: In the fictional Sweeney v. Newbert sperm donation case, Elle asks “Why now? Why this sperm?” as to why the donor could assert parental rights to one donation. The answer seems to be found in the real Jason P case. In an on-and-off again relationship, a sperm donor may be able to establish visitation rights or parental rights depending on the conduct of the parties after the birth, even if the parties have a sperm donation agreement and follow the law. It is still an open question whether a provision forever revoking all parental rights in a written sperm donation agreement can bar the donor from claiming parental rights, but we advise parties to known donation agreements to always refrain from referring to a donor as a parent or the child to refer to the donor as a “dada” “mama,” or for the donor to take the child into his/her home as their natural child.  When you enter into a gamete donation agreement, please consider having proper representation. We at Tsong Law Group are ready to assist you with egg, sperm and embryo donation contracts. If you have questions about donation, contact us now.

With the compensation egg donors receive usually described in an egg donation contract as payment for pain and suffering, time and inconvenience rather than for the eggs retrieved and donated, you may be wondering if the donor’s compensation from egg donation reportable income on your annual taxes is. The simple answer to this question is yes. In the eyes of the Internal Revenue Services (IRS), egg donation is considered to be compensation for services rendered, thus the payment from an egg donation is considered reportable taxable income. When dealing with the human body, the tax laws can be a tricky subject. Recently in 2015, the United States Tax Court in the case of Perez vs. Commissioner , 144 T.C. 51 (2015) considered a donor’s argument that compensation for pain and suffering paid under an egg donation should be non-taxable. All parties agreed that an egg donation compensation was for the donor’s pain, suffering, time and inconvenience, and not for the actual sale of body parts. Under the US code, damages for pain and suffering, paid in settlements or lawsuits for personal injuries and accidents are non-taxable. However, the tax court determined that the compensation for “pain and suffering” to the donor in an egg donation is unlike the damages in a tort case. Instead, any pain and suffering experienced is on account of a medical procedure which the donor has consented to. Because any physical pain that the donor suffered was a result of performing a service contract for egg retrieval and not for an unwanted invasion against body, the compensation for the egg retrieval falls under the broad definition of income and was not exempt from tax. As a result, the compensation paid to an egg donor represents taxable income. Some egg donor programs provide their donors with a 1099 tax form but if you don’t receive a 1099 form from the program, it is your legal responsibility to report any income you’ve earned from egg donation. Note that not all compensation from egg donation is taxable. You may deduct out of pocket expenses related to going through the process such as your mileage, meals, and travel expenses. If these are paid to you in the form of allowances or reimbursements, this is not part of your income. CONCLUSION There are a lot of things to consider when deciding the compensation for donate eggs, and the taxable status of income should be one of them . It is best to discuss your taxes and income with your tax advisor so that they may properly advise you on your options. 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.   For a free consultation in ART law, contact us now. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

As surrogacy lawyers, we know from experience even though most journeys go smoothly, it's important to be ready for possible legal complications. While rare, a specific legal challenge can arise: What if the surrogate wants to keep the baby at the time of birth? Or, what if a surrogate decides not to go through with contract once she is pregnant? These situations are considered uncommon and can lead to complex legal issues.   In this blog, we'll explore these scenarios and answer this common question, providing a comprehensive understanding of potential outcomes in gestational surrogacy. It's important to note that the resolution may vary based on the laws of the jurisdiction involved and the details of the surrogacy agreement. Note that this analysis is for gestational surrogacy. We discuss what the outcome would be in traditional surrogacy (where the surrogate uses her own egg) in a Newsweek article here . What happens if the surrogate decides to keep the baby?  From our extensive experience, spanning over hundreds of surrogacy matches, we have never encountered a surrogate who desired to keep a child not genetically hers—it is an exceedingly rare occurrence. Despite its infrequency, it is a question and worry that all intended parents have.  In surrogacy friendly states, surrogacy agreements clearly specify that the Intended parents are the legal parents of the child and the surrogate and her spouse relinquishing any parental rights or presumptions of parentage they might have. The agreements state it is in the best interest of the child to be with the intended parents.   In California, when surrogacy cases addressing this issue reach the court, the surrogate is not expected to prevail in a legal action. This is because of a legal precedent set by the California Supreme Court in the 1993 case of Johnson vs. Calvert. The Court ruled that they must uphold the intentions outlined in the surrogacy agreement signed by the parties involved.  However, if the surrogate desires to keep the baby and is contemplating taking it away at birth, that cannot happen after the court has issued a judgment of parentage. This legal document is usually obtained well before the surrogate gives birth, directing the hospital to recognize the Intended Parents as parents. It's crucial to provide ample notice of the surrogate's pregnancy to allow sufficient time for your attorney to obtain the judgment.   In the event that the surrogate decides to change her mind after the judgment is in place, the judgment ensures that the Intended Parents take custody of the child at birth.     What happens if a surrogate decides to back out with the arrangement?  We will address the scenario regarding how to handle the situation after the surrogate decides to change her mind.   If a surrogate decides to withdraw before pregnancy, the outcome depends on the surrogacy agreement's specific provisions. These contracts typically allow either party to terminate before pregnancy occurs.  However, if the surrogate is already pregnant, most contracts prohibit termination once the surrogate is carrying the Intended parents’ child. If a pregnant surrogate refuses to cooperate with confirming the parentage of the intended parents, there are two remedies: 1) Intended Parents may declare a breach and stop payments and (2) Intended Parents may pursue a parentage action without the surrogate's cooperation.  In cases of declaring material breach, where the surrogate violates the contract, she would be obligated to reimburse expenses incurred as a consequence of the breach, as may be required under the contract. In a state like California where the law is clear about parentage, the intended parents should be able to obtain a parentage judgment with the contract and a showing that the child to be born is a result of an embryo transfer.   Conclusion In summary, when a surrogate decides to keep the baby or withdraws from the arrangement, the individuals involved must have a well-drafted and negotiated surrogacy agreement. These agreements form the basis for handling unexpected events, providing clear guidelines on the rights and duties of everyone involved. Furthermore, it can act as a legal roadmap, aiding in dispute resolution and ensuring the well-being of all individuals, including the intended parents, surrogate, and the child.   As you embark on your journey, whether you are considering surrogacy  or egg donation  as an intended parent , or as a potential surrogate  or egg donor , consulting with 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.   For a free consultation in ART law, contact us now.

It’s widely understood that treatment for infertility such as IVF or artificial insemination and pregnancy expenses are deductible medical expenses under IRS Tax Code section 213. A question intended parents have asked us as their surrogacy lawyer, if infertility and pregnancy treatments are deductible, what about medical expenses or costs incurred in surrogacy or egg donation, as these are also treatments for infertility? The answer whether expenses for third party reproduction can be considered medical expenses and written off on an intended parents’ taxes appears to be “no.” This answer is based off on April 9, 2021 Private Letter Ruling of the Internal Revenue Services (IRS) where a gay male couple requested a ruling to allow them to deduct for costs and fees related to medical expenses directly attributable to one or both of them, for egg retrieval from an egg donor, in vitro fertilization (“IVF”), with a surrogate, childbirth expenses attributable to the surrogate, medical insurance for the surrogate, legal and agency fees related to the egg donation and surrogacy, and any other medical expenses arising from the surrogacy. The IRS in its Private Letter Ruling held that costs and fees related to egg donation, IVF procedures, and gestational surrogacy do not qualify as deductible medical expenses. The IRS stated that the costs and fees directly attributable to medical care for diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body of the taxpayer, the taxpayer’s spouse, or taxpayer’s dependent qualify as eligible medical expenses. However, expenses incurred on behalf of third parties (not the spouse or dependent), which occur during egg donation, the IVF procedures, and gestational surrogacy are not incurred for treatment of disease nor are they for the purpose of affecting any structure or function of taxpayers’ bodies. Only the sperm retrieval and sperm freezing could be deductible since there were for medical care that was actually performed on one of the taxpayers' intended parents for the treatment of a disease. This ruling is in line with previous case law which found that only infertility treatments performed on the body of the person claiming a medical expense (and not a third party such as a donor or surrogate) fall under the definition of medical expense. Conclusion The ruling of the IRS makes clear that it interprets the statute requires a taxpayer to show that the expenses qualify as “medical care” for the taxpayer or his or her spouse or dependent. Unfortunately, this decision seems to treat infertile individuals differently. If a man and woman can have IVF expenses considered medical expenses, should it no longer be a qualified medical expense if the man or woman uses a donor gamete when they perform IVF? It should be noted that a private letter ruling is not precedential, it is a decision only affecting the parties requesting it, so the IRS could be asked in the future and have a different ruling. Likewise, a denial could be appealed to the tax court which might rule differently. Read more about the deductibility of third party reproduction related expenses in our blog on egg donation expenses here. The difference in outcome may surprise you. As you embark on your journey, whether you are considering surrogacy  or egg donation  as an intended parent , or as a potential surrogate  or egg donor , consulting with 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.   For a free consultation in ART law, contact us now. . This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

“The Man With 1000 Kids” is Netflix’s latest true-crime docuseries directed by Josh Allott. The documentary unpacks Jonathan Meijer’s obsessive quest to father as many children as possible around the world through sperm donation. As a news article we previously featured on our social media , this documentary presents another case of donor deception, a different type than the ones done by fertility doctors in Netflix’s “Our Father” and   HBO’s “Baby God”.   The documentary starts in the Netherlands, where Meijer, a charming YouTube influencer, deceived many with his attractive appearance and persuasive personality. He often donated sperm privately, bypassing official channels and regulations, sometimes even offering to donate through intercourse, though most recipients chose self-insemination.  Jonathan Meijer lack of accountability in sperm donation was first noticed when one parent of a child conceived with Meijer’s sperm found out that an alarming number of half-siblings were living in their town. At the same time, at Isala Fertility Center, a doctor received an email accusing one of their donors for possibly fathering more than 150 children in the Netherlands. The donor had violated his agreement with Isala by working directly with other families and donation banks. Jonathan Meijer had also travelled all over the world donating his sperm to as many clinics and countries as he could. On average couples have about 2.3 children which is still a handful, but Meijer single handedly may have sired over 1,000 offspring.   The documentary also interviews couples and individuals affected by Meijers where many share how he lied about the frequency of his sperm donations. The variety of couples that were interviewed is refreshing to many viewers, as some couples were same sex couples, and some were heterosexual but could not bear children, and there were also single women that desperately wanted children but didn't have a partner.   The couple’s stories go from the initial joy of the pregnancies to the unravelling horror of what their sperm donor, Jonathan Meijer, had done. “Children who haven’t been brought up together are more likely to get attracted to each other because they see some familiarities in the face of the sibling,” says Natalie, a mother featured in the documentary. Dr. Max Curfs, a clinical embryologist, further explains in the series that limits on sperm donation exist in order to protect the resulting children from the risk of consanguineous relationships, or unwitting incest. However, Meijer ignored these rules, increasing the risk of consanguinity for the children.   Meijer was eventually stopped when Mark de Hek, a lawyer from the Netherlands, received a call from one of the parents asking for his help. De Hek decided to take on the case to charge Meijer. A Dutch court banned Meijer from donating sperm to new parents and gave him a penalty of 100,000 euros for each violation. Furthermore, Meijer is required to “request that sperm banks destroy any of his semen available to new parents.”  Our Take  The Man With 1000 Kids  vividly shows how Meijer’s actions have deeply scarred families. Many feel betrayed and worried about what it means for their children genetically, especially when they discover that they and their friends used Meijer’s sperm unknowingly. If you are interested in learning more about the gamete donating industry, The Man with 1000 Kids  is worth a watch.   The Man With 1000 Kids  reminds us of the importance to have written contracts in place, and lawyers for both parties, and ones with expertise in fertility law to review or draft your egg or sperm donation contracts.   The documentary is left with a bit of a hole in that it never speaks with Meijers even though he remains a public figure. Meijers denied an interview with Netflix for the documentary and states he feels misrepresented and has filed a lawsuit for slander for the statement that he swapped sperm with another donor.    The documentary poses ethical questions about gamete donation and whether the practice of gamete donation should remain unregulated. It shows that many clinics rely on the donor’s word before accepting a donor and some clinics are willing to overlook red flags in their eagerness to find donors. Many states in the United States still do not have laws or rules to punish donor deception. Nonetheless, lawmakers should proceed cautiously as unintended consequences could occur if regulation is not well thought-out. Also left unanswered are what the lasting psychological impact will be for donor conceived children when they discover they have hundreds of half-siblings.     Final Verdict: Is It Worth Watching?  Yes.   Despite its focused perspective, it offers compelling insights into the ethical and logistical challenges of the fertility industry. Watching The Man With 1000 Kids  not only offers a glimpse into a unique and troubling case but also invites viewers to consider the deeper ramifications of reproductive technologies and the complexities of family dynamics in today's world.   Stream it now on Netflix.   For expert guidance on fertility laws and legal advice on surrogacy and sperm donation, contact us now.