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

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

In our previous blog, we discussed the legal stage from the perspective of the gestational surrogate. Now, as surrogacy lawyers, we explain what we do for intended parents in the legal stages of your surrogacy journey. Choosing the Right Attorney. If you are working with a surrogacy agency, they will assist in matching you with a Gestational Carrier (GC) and provide referrals to attorneys experienced in drafting surrogacy agreements and obtaining parentage judgments. Selecting the right attorney can take your mind off all the legal aspects of surrogacy. We have a blog article here on what to look for. Prior to selecting your attorney, you may wish to consult with the attorney to get an idea of the legal process in the state of your surrogate. We always offer free consultations for surrogacy law. Representation Agreement and Drafting Stage. You will next need to sign the representation agreement with your chosen attorney. Our representation agreement will identify the parties, the state where the contract is going to be drafted, and the fee for drafting and for the parentage order, if we will be responsible for one. Once this representation agreement is signed and we are informed you are ready to proceed with contracts, Tsong Law Group (TLG) will usually take 1-2 weeks to draft the surrogacy agreement based on the term sheet/benefit package provided by the agency. If you are doing an independent journey, we will supply you with a blank match sheet for you to complete ahead of time, with your surrogate’s approval. Reviewing the Surrogacy Agreement. Once you receive the draft of the agreement, you will be able to easily schedule an appointment online with TLG. Your review meeting with TLG will be over the phone or on an online platform like Zoom. Before your review appointment, you should read the drafted agreement and write down questions or changes you might have. The contract review will typically take about an hour, so allow for that amount of time. This will be the time to address any questions or concerns you have with the contract. Negotiating and Finalizing the Agreement. Following your review, our attorneys will incorporate any requested changes into a new draft. This redline will be sent to you and will need your approval. This approved draft is not ready for signing, it will next be sent to the surrogate’s attorney for their review with the surrogate. So, it will take a few days or longer for the surrogate attorney to review with their clients and return another redline, or in some cases, an approval with no changes. If there are additional redlines, you will have a chance to review and accept or disapprove of changes. Once every party has no more changes to the contract, a final version will be sent for signing. Signing the Agreement. Depending on state requirements, the final contract may need to be signed in the presence of a notary public. If you are abroad, we can set up a web notary appointment if a web notary is acceptable to the courts. You may be able to use a web notary if you are in the US, but check if it could be an issue with the court for the pre-birth order process. Obtaining Legal Clearance. Once all parties have signed the agreement, our firm ensures that the GC’s attorney provides legal clearance. This clearance is crucial for initiating the embryo transfer process, as we prepare the necessary documentation for the clinic when GC signs, the GC’s attorney sends us a legal clearance letter. Once all parties have signed, we prepare and send our own legal clearance letter to the clinic to begin the embryo transfer. Preparing for the Pre-Birth Order (PBO). After legal clearance, there is usually a lull in activity on the legal front. If issues arise during your surrogacy journey, you can always contact us for advice. The next major step is the parentage order, often called the PBO. You can read about PBOs here. Once we receive notice of a pregnancy, we calendar the due date. In most states we work in, we get started before the 20th week of pregnancy. This is so there is adequate time to prepare the pre-birth order and receive a judgment from the court. Reviewing and Signing PBO Documents. Once the PBO documents are prepared, we send them to GC’s attorney for them to review and sign with their clients. GC’s attorney will approve of the documents before we send them to you to review before signing. Some counties allow for electronic signatures which makes filing the PBO faster and more convenient. These documents will then be filed with the court, where we will wait for a signed judgment. In some counties, we also have to request background checks which will require your consent. Final Steps and Notifying the Hospital.   Once the PBO has been accepted by the court and a judgment issues, we contact the chosen hospital to provide them with a copy of the judgment and a hospital letter explaining the surrogacy arrangement . We often will provide GC with one certified copy of the judgment to bring with her in case the hospital does not have their own copy. In some cases, the intended parents cannot arrive at the hospital, so a power of attorney may be necessary to authorize someone else to pick up and care for the child until their arrival. Once the PBO goes to the hospital, our role is typically done, though we will assist with speaking with the hospital social workers if they have questions. At the end of your long journey, we are glad to be a part and hope you share us a baby picture with us. Our surrogacy lawyers are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. As a top-rated firm in client satisfaction, we strive to make every surrogacy journey seamless. Contact us today.

The legal stage in a surrogacy arrangement is a big milestone and many times the last step in being qualified as a gestational carrier.  Usually, it happens after the lengthy medical and psychological clearances have been issued by the IVF clinic and mental health evaluation. While everyone has been to the doctor and understands what mental health professionals do, many people never hire an attorney in their lifetimes.  In this guide, we will explore exactly what you should expect during the legal stage from a surrogate’s perspective. Not sure why you need a lawyer? View this FAQ. Your agency may provide you with a list of attorneys to consider, or you may be left to choose an attorney on your own. There are many things to consider when choosing an attorney, and you can read our article on what you should consider. Once you have selected your attorney and notified your agency or the intended parents if you do not have one: 1. The representation agreement. Once you select your attorney, you will be contacted to sign their representation agreement. This agreement is not to be confused with the surrogacy agreement itself, it will be a short agreement explaining you will be represented by your attorney with reviewing the surrogacy agreement, and possibly the parentage action in the future. If you have a partner who will be on the contract, or are married, they will also be represented by the same attorney. Please provide their email address so both of you can sign the representation agreement electronically. Note that your attorneys fees will be paid for by another party, the intended parents, so much of what the agreement does is explain this arrangement and discuss waiving the conflict of interest if you accept this payment. 2. Gestational Surrogacy Agreement. You will now wait for your attorney to receive the gestational surrogacy agreement (GSA) which is typically drafted by the intended parent’s attorney who must also review it with their clients before sending it to us. Thus, even after medical clearance and signing up with your attorney, you may have to wait a few weeks before you have the GSA. If we represent you, we will send you the agreement along with a calendar link to choose a date and time to schedule a review appointment. When scheduling the review, keep in mind the review may take an hour or more, so be prepared. Your spouse or partner will also need to be available at the same time. 3. Before and During the Review Appointment. Be sure to read the GSA before your review appointment--your attorney will expect you to do so, and you can prepare your questions ahead of time. During the review, we will explain the law in your state and go over the contract paragraph by paragraph (though not word for word) and ensure that the terms match the match sheet and compensation package. During the review, we will make a redline of the changes that we recommend. 4. Approving the First Redline. The initial review isn’t over yet. Usually within a day, the attorney will send you a redline based on changes and requests made during the review. If you have no more questions or changes, respond to your attorney that you approve the redline, and then it will be sent to the intended parent’s attorney. If you do not respond, progress on the contract will be delayed. 5. Signing the Gestational Surrogacy Agreement. After the first redline, there may be a second or additional redlines if the intended parents’ attorney does not accept all the changes. Your attorney will send you any additional redlines and you can discuss if you approve the new changes. Once the final GSA has been approved by all parties, in most cases, you will need to sign with a notary. Your attorney will be able to advise if you are able to use an online web notary or whether you should print out and go to a location that has a notary public. Follow the instructions in the email you are provided. You should scan the entire signed agreement, and if you are not able to, take photographs of the signature and notary pages and send them to your attorney. Sometimes, the attorneys will request that the original GSA be mailed to the intended parents attorney. If you do not receive instructions, keep the original safe in case it is needed. 6. Legal Clearance. After you provide proof you signed the GSA with your attorney, they will send a legal clearance letter to the intended parent’s attorney. This letter will state that you are aware of your rights and have reviewed the contract with an attorney. But this legal clearance is still not the end. It is not until the intended parent’s attorney has both their client’s signed surrogacy agreement and yours that they send the IVF clinic a legal clearance letter stating details about moving forward with the embryo transfer. At this point, you are officially “legally cleared” and can begin your medication in preparation of the embryo transfer. 7. Parentage Order. Your attorney may inform you that they will talk with you again for the parentage order stage.  During your pregnancy, before the parentage action, you will typically receive an intake form which you will complete. You can review our blog for what the parentage action entails in different states. If you are a surrogate who is at the legal stage, you should have an experienced attorney to make sure you understand the contract, that the terms are satisfactory, and your rights are protected. At Tsong Law Group, our experience consists of thousands of successful legal clearances and parental judgments. We are licensed attorneys in California, New York, Illinois, Washington, Arizona, and Oklahoma with recognition as AAAA and ACAL Fellows. Contact us today to begin your surrogacy journey with confidence on a solid legal footing.

One of the states that is a subject of a minor debate in the surrogacy world is the state of surrogacy law in Arizona. At first blush, Arizona looks very unfriendly to surrogacy. In practice, with the right attorneys who are experienced with surrogacy in Arizona, it is a different story. Arizona still has a statute on the books that says: A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract. B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child. This particular statute was found to be unconstitutional by the Arizona Supreme Court in Soos v. Superior Court on equal protection grounds. The Court noted that while a man could challenge the parentage of the surrogate’s husband, a woman could not challenge the parentage of the surrogate. As a result, Arizona is a state with a law banning surrogacy on the books which is not enforced. While that might seem daunting, surrogacy matches frequently occur in Arizona, and it is one of the many states that Tsong Law Group practices in. It can be a popular state for intended parents due to its large metropolitan areas and proximity to California. Ideally, a surrogacy contract drafted involving an Arizona surrogate or intended parents will involve the choice of law of another state which has a friendly surrogacy statute such as California, Washington, or Illinois. The Arizona Vital Records office will recognize out-of-state judgments under Full Faith and Credit Clause, and most hospitals accepting prebirth orders from other states such as California. Alternately, the parties can file parentage actions in Arizona in which all parties agree to the parentage of the intended parents prior to birth similar to prebirth orders. With the right attorney guidance familiar with Arizona courts, hospitals, and vital records, Arizona becomes a viable option for intended parents and surrogates. As an Arizona licensed attorney, the Tsong Law Group can assist your surrogacy journey in Arizona, and advise whether another state’s law can be used for drafting the contract. If you need legal assistance in your surrogacy contract, 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.

Thanks to the Child-Parent Security Act (CPSA) which became effective in 2021, New York became the 48th state in the United States to legalizecommercial surrogacy.If you choose to establish legal parental rights through assisted reproductive technology (ART) in the Empire State, here are the legal requirements for pursuing a surrogate located in New York: The parties need to have separate independent counsel of their own choosing throughout the surrogacy agreement drafting and negotiation. The spouse of the surrogate must be a party to the surrogacy agreement unless they are separated pursuant to a written agreement of separation or have lived apart at least three years; The parties must sign the surrogacy agreement before two witnesses and prior to commencement of medical procedures or medication; If the surrogate is compensated, the funds for base compensation and anticipated expenses must be placed into an escrow account prior to any medical procedure other than medical evaluations to determine a surrogate’s eligibility; The surrogacy agreement must disclose how the intended parents will cover medical expenses, and any health insurance plan must be reviewed and summarized; The parties must be identified, as well as the source of the gametes used; The surrogacy agency must be licensed and registered in New York and their contact information provided; The attorneys need to be identified and the surrogate must acknowledge that she received the Surrogate’s Bill of Rights from her attorney. Under New York Law, the Surrogate Bill of Rights providesthe surrogate has a right to: Make all health and welfare decisions about themselves and pregnancy including: - The right to make decisions to continue or end a pregnancy, - Choice of a healthcare practitioner, - Number of embryos transferred, and - The right to consent cesarean delivery; Have an independent New York licensed attorney paid for by intended parents; Comprehensive health insurance coverage that covers the entire surrogacy process, mental health coverage, and twelve months after the childbirth or end of pregnancy which the intended parents shall pay for a compensated surrogate’s out-of-pocket medical expenses during the same time frame; A life insurance policy of at least $750,000 extending twelve months after birth or termination of pregnancy; A right to terminate a surrogacy agreement before pregnancy. In addition, the intended parents must agree to execute a will prior to the embryo transfer designating a guardian for the resulting children. There are additional requirements which we have not discussed for purposes of brevity. Fulfilling all legal requirements makes each intended parent a parent of the child by law and neither the surrogate nor spouse will be a parent of the child. To obtain a prebirth order in New York, as of the date of this writing, at least one intended parent must be a US citizen or permanent resident and a resident of New York and the surrogate must be a New York resident. If you have read this far and have followed our other blog articles, you might notice that New York imposes additional requirements above and beyond those of other states we are licensed in, including California, Illinois and Washington state. That is true. New York prides itself on having a robust, surrogate-friendly law and is unique by offering a Surrogate’s Bill of Rights. If you are interested in a surrogate or egg donation within New York state, please contact Tsong Law Group and we will assist you.

What are liens? A lien is defined as a claim of an interest on a property right. Some insurance companies in certain states (among them, Colorado, California, Washington , Oregon, Hawaii , and Idaho), have written “the right to lien” into their insurance policies when it comes to surrogacy arrangements. Insurance liens are normally an insurer’s claim to recover from an injured victim’s award or settlement with the person or company that caused the injury. Because compensated surrogacy contracts involve a payment from intended parents to the gestational surrogate and perhaps because surrogacy is becoming more common and will require medical treatment, insurers have expanded their right to lien to cover a surrogate’s compensation. In California , some insurers limit their lien amount to 1/3 the compensation based on California Civil Code 3040 because the surrogate retained an attorney. However, other insurers will state they have a right to lien the full compensation. What is the procedure for a lien? An insurance policy which has a lien will require the surrogacy contract be mailed to them after signing. The lien comes in the form of a demand from the insurance company (usually a third party on behalf of the insurer) after the birth of the child by the surrogate. The insurance company will send a list of fees which they have paid to the hospital for the delivery. Sometimes they include the fee for maternity care. The surrogate will be responsible under the policy, for paying the lien, however, under a properly drafted surrogacy agreement, the intended parents should be responsible for covering the lien. The lien could be capped at the total compensation of the surrogate, or 1/3 in the case of some liens in California. If the lien is from Kaiser, the amount that the insurance paid for the treatment as Kaiser is the health care provider as well as the insurer may be in dispute. How on earth is this legal? It very well might not be legal. Liens are based on contract principles rather than state law. While 42 states have laws on the books that allow hospitals and physicians to recover from a tort damages award, few states (California being one) have laws that recognize an insurer’s lien. The law that some insurers rely on to lien in California (Civil Code 3040), is meant to be limited to tort claims as under the medical lien statute (Civil Code 3045.1). If it is based only on the insurance policy, the lien would seem questionable as it might discriminate against women (by charging only women more as only women can be surrogates), or for disparately impacting only people who have infertility or are not able to reproduce without a surrogate. In some states like California, arbitrary discrimination is not allowed. In addition, maternity care is considered essential and must be covered under the Affordable Care Act. So why are liens still around? Good question. So far no one to our knowledge has challenged the legality of surrogacy liens. It very well could make a good class action or a complaint to be referred the state civil rights department. Complaints to the insurance commissioner have been less successful. For now, most cases we see, most parties avoid liens by choosing an insurance option that does not have liens. Some people may be ok with a lien if it is through the surrogate’s insurance plan and is still cheaper than buying a new policy and paying the deductible. Others have their lien negotiated down to nuisance levels. However, it seems unfortunate that surrogacy liens continue without a challenge. If you are hit by a surprise or unreasonable lien, we may be able to refer you to someone who can consider your complaint. Conclusion It’s important to hire an attorney who is familiar and can explain insurance liens and what your liability may be as a surrogate or intended parent in the contract. 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.

If you are considering a surrogacy journey in Oklahoma, this article will explain the state requirements. In 2019, Oklahoma passed the Oklahoma Gestational Agreement Act. Just like in California, Washington, Illinois, and New York, the statute allows individuals of any age or sexual orientation to build their families through surrogacy, but Oklahoma has limitations on unmarried couples and like Illinois, requires one parent with a genetic connection. Before starting a third-party reproduction journey, the legal aspect is one of the most important processes to ensure a smooth process. Surrogate Requirements Under the Oklahoma law, the surrogate must: Be at least twenty-one (21) years of age at the time she enters into the gestational agreement; Have given birth to at least one child; Have been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date she enters into the gestational agreement, unless one or more intended parent has been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date the gestational carrier enters into the agreement; Have completed a physical medical evaluation relating to the anticipated pregnancy; and Have completed a mental health consultation. If a surrogate has a partner but is not married, the partner does not need necessarily to join the surrogacy agreement. Intended Parent Requirements Meanwhile, the Oklahoma statute requires that the Intended Parents: Have a declaration from a doctor that one or more intended parent is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to the intended parent's physical or mental health or to the health of the unborn child; Have made guardianship provisions for the prospective child by amending their existing estate planning documents or by executing estate planning documents containing such provisions if they previously had no existing estate planning documents. Completed a mental health consultation. The state also requires if there are two intended parents, they must be married to each other. The possible intended parent situations are: a single intended parent who is genetically related to the child, married heterosexual, and married same-sex IPs using their own egg/sperm. Legal Procedure in Oklahoma Subsequently, a Validation Order needs to be obtained by the attorneys before the embryo transfer. The administration of hormones or medications to aid in the production or vitality of gametes may begin before the Agreement is validated. For good cause shown, a court may validate a gestational carrier agreement even if it was not validated at the time of transfer of gametes or embryos to the carrier, for the purpose of conception or implantation, and provided that the court finds that all other requirements need to validate a gestational agreement under this act have been satisfied. Upon the birth of a child, if the agreement is validated, the intended parent shall be declared the sole legal parent of the child, be listed as the parent on the child's certificate of birth that is to be filed with the state registrar of vital statistics as provided by Oklahoma law, and neither the gestational carrier nor any spouse of the gestational carrier, if she becomes married prior to or within 270 days after the birth of the child, shall be listed on said certificate of birth. Intended parent shall also be declared to have the right to immediate custody of and access to the child upon birth, the right to name the child, the right to make all health care decisions regarding the child upon birth, and the right to be designated as the person to be issued armbands or other security devices identifying them as the parent of such child. After birth, the intended parent(s) shall file a notice of birth with the court in as reasonably timely a manner as possible after the birth of the child or in compliance with local Court rules. To terminate a gestational surrogacy agreement, Oklahoma provides that: Any of the parties to a validated gestational agreement may seek to terminate the gestational agreement by first giving written notice of termination of the gestational agreement to each other party to the gestational agreement. A person who sends the notice to terminate a validated gestational agreement shall file notice of the termination with the appropriate court. Notwithstanding anything in this act to the contrary, within one (1) year of the termination of a gestational agreement, whether validated or not, any party to the gestational agreement may file a written petition with the court that terminated a gestational agreement seeking to reinstate the gestational agreement and requesting the court validate the gestational agreement. Be sure to consult with a lawyer who specializes in surrogacy law so that you can ensure a smooth contract and parentage process. The attorneys of Tsong Law Group are experts in the areas of gamete donation and surrogacy and licensed in Oklahoma, California, Illinois, New York, Washington, and Arizona. Contact us now if you need assistance. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

One of the most important decisions intended parents and donors make in an egg donation is the level of openness and the degree of anonymity. Openness refers to future communication. Anonymity means whether the donation is identified or anonymous. This decision affects not only the egg donor and the intended parents, but also the future children resulting from a donation. Some research shows that it may be beneficial for the mental health of donor-conceived children to know more about their donors, and that concealing the donation may result in feelings of shame or mistrust when the donation is discovered. A recent survey also found donors and donor-conceived children prefer contact in the future. Furthermore, as technology increases with better facial recognition software and more prevalent DNA testing, anonymous donations are no longer guaranteed to be anonymous. Nonetheless, known donations can cause fear of uncertainty for intended parents and donor however, as parties may fear intrusive future contact, as popularized in fictional media. At Tsong Law Group, we discuss all options of openness and anonymity with our clients when we prepare an egg donation agreement and draft or review the agreement accordingly. In this article, we discuss the differences in the options you may choose as you move forward. It must be noted that the degree of openness or personal information shared ultimately depends on what both parties are willing to agree to. Anonymous or Closed Donor Arrangement An anonymous or closed donor arrangement is the traditional type of egg donation that was once the only option available to intended parents and compensated egg donors. In an anonymous or closed donation, the intended parents will choose an egg donor while knowing information such as education, age, blood type, and physical characteristics, and the egg donor will know nothing about the intended parents. When it comes to disclosure, both parties will be protected by confidentiality. Neither party will receive identifying nor contact information for each other, and the clinic, agency and attorneys will preserve the anonymity of the parties. The drawbacks for this type of arrangement include that future communication may be unavailable if the child has medical issues that have a genetic component where the donor might be able to assist or vice versa, if the child learns of the donation and wishes to contact the donor, if the donor has curiosity or a desire to know the child in the future, or if the intended parents discover inaccuracies in the donor profile. Note that recent laws in states such as California may allow the donor to communicate with a child that seeks them out when the child is 18. Semi-open Donor Arrangement Considering the drawbacks of an anonymous, closed donor arrangement, the semi-open donor arrangement mitigates some of these drawbacks while minimizing fear of intrusiveness by either party. In this type of donor arrangement, the arrangement remains anonymous. The parties will not receive full names, phone numbers, or other contact information of the other party. When it comes to future communication, there may be an intermediary for future contact such as the agency or attorneys, or a portal such as Donor Sibling Registry where both parties can register and communicate anonymously. Sometimes the parties may choose to exchange anonymous email addresses. Generally, these arrangements require the intended parents to notify the donor of a successful birth including date of birth, and successful pregnancy. The parties are not required to respond to any contact they receive from the other. Choosing this type of donor agreement allows intended parents to have potential future contact with the egg donor. This may also transition to open donation if the parties choose to identify themselves. The potential drawbacks to this arrangement are that there may be additional costs for joining a portal, or the agency or attorneys may not agree to the contact or may charge to facilitate it, and there is no guarantee there will be any response or that the message will even be checked by the other party. Open Donor Arrangement The third type of arrangement, the open donation, is less common in compensated egg donation but is becoming more common and acceptable. In fact, Colorado has passed legislation requiring donations to be open in the future. In this type of arrangement, the parties will be provided with each other’s identifying information including their full names, and phone and/or email addresses. When it comes to communication, it allows the parties to have direct communication potentially throughout the life of a child born via egg donation. However, this arrangement does not guarantee ongoing contact. The egg donation agreement should have a process for one party to request contact cease if contact is no longer required. The contract should also make clear that certain conduct, such as the donor being referred to as a parent or mother, will not be acceptable. If you are planning an egg donation, contact a fertility lawyer who is experienced in egg donation and versed in the different options for openness and anonymity. Attorney Ralph Tsong has been accepted into the Academy Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL) and can handle your case with ease and efficiency. If you need assistance, 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.

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