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A surrogacy lawyer is knowledgeable about the legal aspects of surrogacy agreements. If you are seeking to build a family through surrogacy, going alone with your journey will be challenging until you have a surrogacy lawyer to help you ensure a legally secure and successful surrogacy journey. They play a crucial role in providing legal guidance and support to the parties involved in the surrogacy process which includes, among others, handling financial compensation, child custody, and a variety of other issues that can arise during the journey. In this article, we will discuss why you need a surrogacy lawyer, when do you need a surrogacy lawyer, and how you can choose the right surrogacy lawyer. Why you need a surrogacy lawyer As intended parents, the surrogacy lawyer you choose for your journey is important and should not just be an afterthought. Here are some of the reasons why you, as an intended parent, need a lawyer for your surrogacy journey. To explain the law and draft the surrogacy agreement. The contract between you and the surrogate is one of the most important parts of the surrogacy journey. A well-drafted contract will prevent disputes and keep the parties on the same page. So that you can be involved. In surrogacy, you can experience every milestone of their surrogate's pregnancy, from the embryo transfer to their child's birth. This ability to attend appointments and the delivery will be part of the surrogacy agreement. Ensuring a healthy pregnancy. You would like a surrogate to carry a pregnancy as they would, if they could. Your lawyer will draft the surrogacy agreement which will provide activity restrictions and require the surrogate to follow medical instructions. Respecting the Privacy of the Parties. While you and the surrogate will be known to each other, the arrangement can be kept confidential under the terms of agreement. When do you need a surrogacy lawyer Usually, you need a surrogacy lawyer after your surrogate is medically cleared and before you can start medication for an embryo transfer, usually. However, it may benefit you to find a surrogacy lawyer at an earlier time. If you are on an independent journey, you may want to consult with a surrogacy journey while you are looking for a match to know about the legality in different states. In addition, the lawyer can help by providing a blank compensation template so you can come to an agreement on compensation before the lawyer drafts. If you are working with a surrogacy agency , you can wait until a surrogate has been chosen or you can contact a surrogacy lawyer at the time you are selecting an agency to help review the agency agreement. The fee for reviewing an agency agreement should be lower than for other contracts, and it can help you decide whether to move forward with an agency or what to look out for. You can also get their opinion on their experiences with the agency, and get an idea of how it will be to work with that lawyer in the future. How can you choose the right surrogacy lawyer If you are new to surrogacy, It’s not a good idea to take the first lawyer you find or the cheapest lawyer, it is important to check the background of the lawyer and the law firm you will be working with this includes the number of years they have practiced, the state they are barred in, organizations they are involved in, and the distinctions they have. Law firms like Tsong Law Group have been are subject matter experts at egg donation and game donation, Surrogacy and Family Law with experience spanning over two decades and as Fellows of Academy Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL). Their lawyers are admitted to California, New York, Illinois, Washington, Arizona and Oklahoma. With the experience of hundreds of cases each year in third party reproduction, they will be able handle any issue that comes up. After you find a well-qualified lawyer, you should find out how long it will take to draft the contract, and whether they will charge extra or the fee includes answering questions after the contract is drafted, including making amendments or assisting with disputes. You should also ask if the lawyer will review the contract with you or if it is left with a paralegal or legal assistant. The lawyer should be reviewing with you, and there should be no extra charge beyond the flat fee for answering questions or helping with problems during the journey. If you have questions about how a surrogacy attorney will help you on your journey, contact us for a free consultation.

Washington State provides time off to its employees, including surrogates and intended parents, due to pregnancy, childbirth, or parenting. Under Washington's Paid Family Medical Leave Act (PFMLA), an employee may be eligible for up to 18 weeks per year of paid maternity or paternity (parental) leave. Compared to the federal Family and Medical Leave Act, Washington's PFMLA provides extra protection for employees who work in Washington. Most significantly, Washington’s PFMLA provides for paid leave, while the federal law only guarantees unpaid leave. Additionally, Washington doesn't restrict the law to larger employers. Any size employer must provide leave under the law and it has a broader definition of "family" that includes siblings and grandparents. There are two main types of leave available which are the (1) Medical Leave; and (2) Family Leave which includes “baby bonding” leave and military family leave. To be qualified for medical leave, you must experience a serious health condition that prevents you from working, which includes pregnancy, major surgery, and treatment for a chronic health condition. Meanwhile, similar to California , Intended Parents may also file for family leave to bond with their new baby in their family during the first 12 months after the child’s birth, or the first 12 months after the placement of a child under the age of 18 with the employee. Employees may only receive Paid Family Medical Leave (PFML) benefits if they meet the eligibility criteria. The law provides that an employee must have worked 820 hours in their qualifying period. All hours you work in Washington count toward eligibility, even if you work multiple jobs or switch employers. However, there are a few exceptions which mean that these workers don't always get benefits under Washington's paid leave law: federal government employees; businesses owned by tribal governments on tribal land; self-employed individuals (they have the option to participate in PFML); employees covered under an approved voluntary plan (you can find the list here ); people who perform "casual" (irregular and infrequent) work for an employer; and union members covered by certain collective bargaining agreements. How Long is Maternity and Paternity Leave in Washington? Washington residents can be eligible to receive up to 18 weeks total per year of paid family and medical leave. The total amount one can take in a year is: up to 12 weeks of paid family or medical leave, up to 16 weeks of leave when family and medical leave are both taken, or up to 18 weeks of leave when family and medical leave are both taken and there are additional complications from pregnancy. How much will you get paid? You can receive up to 90% of your weekly pay under PFLMA—up to a maximum of $1,427 a week in 2023. Your weekly payments can be direct deposited to your bank if you file online. How Do You File for Parental Leave in Washington? The first time in filing for parental leave is to notify your employer at least 30 days before you plan to take leave. However, if the event is unforeseeable, you (or it may be a friend or relative) still need to provide written notice to your employer as soon as possible. The notice doesn't need to be complicated. You can just state that you intend on taking PFML leave and about how long you expect to be out. A sample notice is available here . The second step is to fill out an application for PFML with the State . All applications for PFML require basic documentation, so you'll be asked to supply a form of identification such as a driver's license. You will also need to provide a Certification of Serious Medical Condition form, signed by your doctor, and—depending on the type of leave you're taking—additional documents such as a birth certificate. After you apply, you can check the status of your application online . If you're approved for PFML, you'll receive a determination letter in the mail letting you know how much your weekly benefit will be and for how long your leave was approved. Why It Matters to Surrogates or Intended Parents Washington’s generous paid leave will alleviate up to 18 weeks of lost wages to a working Washington state surrogate, and this, in turn, reduces the number of lost wages the Intended Parents will have to reimburse the surrogate when she is unable to work due to pregnancy. Intended Parents who work and reside in Washington can enjoy up to 12 weeks paid family leave. If you are a surrogate or intended parents starting a surrogacy journey, schedule an appointment to speak with us. 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.

Introduction 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? What about surrogacy and egg donation costs? 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 2021 IRS private letter ruling on surrogacy expenses 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. What expenses may still qualify? 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. Why consult a surrogacy lawyer? 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.

Recently, California has implemented a law which will have an impact on anonymous sperm, egg and embryo (“gamete”) donations in the future. Effective January 1, 2020, the new Health and Safety Code section 1644.2-1644.3 will require gamete banks (defined as sperm and egg banks and IVF clinics) to (1) provide each donor with information regarding the donor’s choice regarding identity disclosure; (2) obtain a declaration regarding identity disclosure; and (3) maintain identifying information and medical information about each gamete donor, including records of their screening and testing. Of particular concern is that donors, who usually have made a choice whether to be anonymous or known in their gamete donation contract , will also sign a declaration provided by the gamete bank that states whether or not the donor agrees to disclose their identity to any child conceived from their donation should the child request it from the gamete bank after turning 18. According to the law, even if the donor chooses not to have his or her identity revealed when requested by the adult donor conceived child at the time of the donation, the gamete bank has the duty to notify the donor as to the request and allow that donor another chance to withdraw the declaration. A donor who has chosen to disclose their identity does not have an option to withdraw their disclosure declaration. In any event, the gamete bank will be required to provide the adult donor conceived child, or the parent of the child if the child is a minor, access to non-identifying medical information provided by the donor. What happens if the clinic fails to offer or keep a copy of a donor’s declaration of disclosure? If the clinic fails to keep the donor’s declaration or failed to offer a declaration, the clinic will be obligated to disclose the donor’s identity and contact information to the adult donor conceived child. According to the law, if there is no declaration from the donor refusing to disclose their identity, the gamete bank “shall provide the child with identifying information of the donor who provided the gametes.” Conclusion As the law affects only donations occurring on or after January 1, 2020, it means that the first requests for donor information from donor conceived children will not occur until at least 2038. Therefore, time will tell the impact of this new law. Nonetheless, it is important that donors and intended parents be aware of this law and understand how this affects anonymous egg, sperm and embryo donations in California in the future. If you are starting an egg, sperm or embryo donation journey, contact Tsong Law Group for a consultation. Have further questions. Talk to a surrogacy lawyer now clicking this. 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.

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.

An egg donation contract is a legal written agreements between the intended parents and the egg donor. The process of egg donation usually commences when the intended parents choose their egg donor candidate. This will be followed by medical screening of the candidate with the IVF clinic, which may include genetic screening. The candidate also does psychological screening with a mental health professional. Once cleared, it goes to the lawyers which leads to the drafting of the contract, one of the last steps before the egg retrieval and cycle will be scheduled. An egg donor contract is a written legal agreement which establishes the rights and obligations between the intended parents and the egg donor. These contracts are separate from egg donor agency contracts and are customized to the preferences of both parties. To help familiarize you with the egg donor contract, we are providing this overview of the important sections. Note that this is not an all-inclusive list, and every egg donation contract varies depending on the circumstances. What's in an egg donation contract? PARENTAL RIGHTS It is important to specify in the contract that the intended parents have ownership and control over all the eggs retrieved and of any resulting embryos. Furthermore, the contract must establish your parental rights so that any child born as a result of the egg donation process is your legal child. This requires the donor to waive any potential parental rights and any right to ownership, regardless of the disposition of the eggs or embryos. Sometimes the donor will request that the eggs or embryos not be donated to other persons or to science. DONOR’S CONDUCT One important section will be requiring that the donor comply with medical instructions of the IVF clinic, take medication properly, and refrain from certain activities, such as smoking, drinking, taking drugs, tattoos, and sexual activity before or during the retrieval procedure. During the COVID-19 pandemic, our contracts might address avoiding public places and other actions to avoid contracting COVID. This section will also address additional retrieval cycles if any are cancelled. FINANCIAL RESPONSIBILITY This part of the agreement establishes specific responsibilities of each party when it comes to financial responsibilities. The agreement can include case-specific terms such as providing for travel expenses, meals, donor reimbursements and compensation for the retrieval, purchase of complications insurance, fee for cancelled cycles, etc. It may include the creation of a trust or escrow account to hold the money to be used to pay compensation and/or reimbursements for the donor and when the trust or escrow will be closed. CONFIDENTIALITY AND PRIVACY The contract will usually contain a confidentiality clause, so that third parties will not be informed about the donation. The contract will also address whether the donation is known/open, semi-open or anonymous. Anonymous or closed donations will require the parties not reach out to each other or attempt to identify each other. Semi-open may mean the parties do not know each other but they may have means of contacting each other, by registering on the Donor Sibling Registry portal, for example. A known donation involves parties that already know each other, and an open donation will be one where the parties will know each other and have the ability to communicate freely. You must address all issues and concerns regarding confidentiality/openness with the egg donor in the contract phase so all parties will both bound by such agreement. FUTURE CONTACT The agreement addresses future contact between you and the egg donor, which depends largely on whether it’s a known donation, semi-known donation, or anonymous donation. Often, the intended parents agree to disclose any pregnancies or live births to the donor. In anonymous or closed donations, there is often a method provided to contact each other through the agency if the child or the donor develops a genetic condition, so that the other party may be able to help or at least be warned about a possible condition. The contract will also address whether the donor can contact the child when the child is an adult. INDEPENDENT COUNSEL AND CONFLICT WAIVER One thing that strengthens a contract should it ever be challenged is having separate, independent legal counsel for both the donor and intended parents, and our contracts will acknowledge that fact. Because the intended parents usually pay for the donor’s attorney, the donor will need to waive the potential conflict of interest that could result from intended parents’ payment. Regardless of the payment, the donor’s attorney should provide effective legal counsel and negotiation. CONCLUSION The egg donation contract is not another checkbox in the way of an egg donation; there are important issues to be addressed in the contract. Having an attorney knowledgeable in the area of reproductive law like the attorneys of Tsong Law Group is indispensable because the contract outlines the critical issues involved in the process, lays out the rights and responsibilities of the parties, and prevents conflict down the road. If you need help in your egg donation contract, contact an egg donation lawyer 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.

Kris Williams, right, and Rebekah Wilson with their son. Courtesy Kris William Some states, such as California and Washington, have laws that guarantee the parentage of parents through third party assisted reproductive technology (ART) and at the same time, have created simplified adoption processes for those parents. However, in other states, parents’ only option may be just an old-school style adoption. This happened to the recently decided case in Oklahoma Court where it granted parentage to sperm donor over nonbiological mom. Recently, an Oklahoma trial court found that a sperm donor was the legal parent to a child resulting from his donation, and that the nonbiologically related mother — the now ex-spouse of the birthing mother — was not a legal parent to the child. A little background on this case came from Rebekah Wilson and Kris Williams, a same-sex couple, who were planning to have a child and found a sperm donor named Harlan Vaughn on a paternity website together. Wilson conceived through sperm donation and gave birth in 2019 during her marriage to Williams. The latter was named as the second parent of the child on the child’s birth certificate. However, in 2021, the couple split up with Wilson partnering with Vaughn and requesting that Williams be removed from the birth certificate. An Oklahoma judge initially agreed, ordering that Williams be removed from the child’s birth certificate, and that the sperm donor Vaughn be placed on the birth certificate. The judge later vacated that order pending further hearings on the matter. In February 2023, the judge decided that Oklahoma law supported her initial ruling, finding that Williams failed to take further action to secure legal rights as a parent. Further, the judge also concluded that Oklahoma law did not otherwise support her parentage claims, and therefore Williams should be removed from the child’s birth certificate. The question is whether parentage laws apply equally to all parents, regardless of sexual orientation. According to the Oklahoma trial court, the Oklahoma Uniform Parentage Act does not discriminate against same-sex parents but the court must take into account the reality that it will always take a sperm and egg to make an embryo. Given that she could not be the father, there could be no legal presumption that Williams was a parent, the court reasoned. When a parent is not biologically related to the child, Oklahoma has other applicable laws such as artificial insemination, gestational carrier laws, and adoption statutes to provide mechanisms to affirm, deny, or establish legal parental rights. Unfortunately, in this case, Williams did not qualify for or take advantage of the other protections she had available to her, and the sperm donor could prove paternity. It should be noted a similar troubling decision was made by the Idaho Supreme Court in Gatsby v. Gatsby, 169 Idaho 308 (2021) cert denied 142 S.Ct. 2709 which found that the presumption of parentage through marriage to a nonbiological parent of a lesbian couple to be overcome because she could not be the biological parent. This ruling and the Gatsby ruling are stunning because they confirm the worst fears of same-sex parents, that not all states will recognize the parentage of both parents and will allow a donor to take the place of one parent years later, even as the right to marry has been confirmed in federal law as well as jurisprudence. The remedy for this uncertainty lies within the Full Faith and Credit Clause of the U.S. Constitution, which provides: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State...” and that is for same sex couples to have a surrogacy parentage judgment or an adoption order for the nonbiological parent. A judgment of a court of one state must be respected by the courts of other states, so a parentage judgment or confirmatory adoption order will be recognized in other states where parentage might otherwise be threatened. Note that while a voluntary declaration of paternity may be accepted in the state of the child’s birth, it may not be accepted in another state because it does not fall under the category of a public act, record or judicial proceeding. In addition to surrogacy and gamete donation, the attorneys at Tsong Law Group have experience in confirmatory second parent adoptions in California which protect the nonbiological spouse in a sperm donation case. One advantage of a confirmatory second parent adoption in California is it does not require a hearing or a home study so it is more streamlined than a stepparent adoption. Please contact a surrogacy lawyer if you have questions about surrogacy, egg or sperm donation or second parent adoption.

January 2026 Update: SB 729 is now officially in effect, requiring large group health plans issued or renewed on or after January 1, 2026, to cover IVF and expanded fertility services. July 17, 2025 Update: The California IVF Coverage Mandate has been delayed to January 1, 2026. California Senate Bill No. 729 (SB 729) is the Senate Bill that amends Health and Safety Code section 1374.55 and Insurance Code section 10119.6 to expand health insurance coverage to fertility services. It was signed into law by Governor Gavin Newsom on September 29th, 2024, and has an effective date of July 1st, 2025. The new law requires certain fully insured health policies to cover the diagnosis and treatment of infertility.     What was the previous law?   Existing California law, the Knox-Keene Health Care Service Plan Act of 1975, does not require health insurance policies to cover infertility treatment. It only requires that insurers offer employers the option to add general infertility treatment to their policies. However, this requirement specifically does not require insurers to provide employers with the option to add IVF coverage.    How does SB 729 affect current health plans?  According to the Legislative Counsel’s Digest, “[t]his bill would require large and small group health care service plan contracts and disability insurance policies issued, amended, or renewed on or after July 1, 2025, to provide coverage for the diagnosis and treatment of infertility and fertility services.” For large group policies that cover at least 101 employees, it is now required to provide coverage for a maximum of three completed oocyte (egg) retrievals with unlimited embryo transfers of one embryo per transfer. For small group policies, the new law requires insurers to offer coverage for the diagnosis and treatment of infertility but does not mandate that the coverage be included in the policies. For both large and small group policies, the policy cannot have “any exclusion, limitation, or other restriction on coverage of fertility medications that are different from those imposed on other prescription medications.”    How does SB 729 expand the definition of “infertility”?  Originally, regulations required a year of “regular sexual relations without contraception,” meaning unprotected heterosexual intercourse, for someone to qualify as infertile. This standard of proof was difficult for same-sex couples, transgender individuals, and unpartnered individuals to meet. SB 729 expands the definition of infertility to include any of the following:  A licensed physician’s findings  A person’s inability to reproduce, either individually or with their partner, without medical intervention  Having failed to establish or carry a pregnancy to a live birth despite “regular, unprotected sexual intercourse” for 6 to 12 months for individuals over 35 and under 35 respectively.  The bill specifically states that coverage for fertility services will be provided without discrimination based on factors such as “domestic partner status,” “gender identity,” or “sexual orientation.” This means that it is now easier to meet the standard of proof necessary to qualify as infertile and have treatments be covered by insurance plans.   Additionally, it forbids the health insurance contracts from “[a]ny exclusion or denial of coverage of any fertility services based on a covered individual’s participation in fertility services provided by or to a third party. For purposes of this section, ‘third party’ includes an oocyte, sperm, or embryo donor, gestational carrier, or surrogate that enables an intended recipient to become a parent.”  What does this mean? It means that if a covered individual requires a gamete donor or a surrogate to become a parent, then procedures such as the embryo transfer, egg retrieval, as well as medication for the transfer or retrieval must be covered with the same benefit that would be provided if it were applied to the covered individual. So long as the covered individual is taking part in treatments that would enable them to become a parent, they cannot be denied coverage for those treatments, even if it involves a third party not covered under the insurance contract.    When is the new law coming into effect?  Governor Newsom issued a signing letter requesting that the effective date of the new law be delayed to January 1st, 2026 in order to assess whether to keep the law as-is or to match what the state decides to include in its essential health benefits (EHB) benchmark plan. However, changing the effective date would require the California legislature to pass legislation changing it, which has not been done. As the February 21st, 2025 deadline for introducing new legislation has since passed, unless another bill under consideration is amended to include a delay, then passes both houses of the California legislature, and gets signed into law before the July 1st, 2025 effective date, it will not change. This means that “large and small group health care service plan contracts and disability insurance policies issued, amended, or renewed on or after July 1, 2025” are going to be required to provide coverage for the diagnosis and treatment of infertility and fertility services. The language indicates that policies that were issued before July 1st, 2025 will need to be amended or renewed before the coverage comes into effect. In other words, if you renewed your policy before July 1st, 2025, it will not change to become compliant with SB 729 until your next renewal.  Related: Two types of surrogacy: traditional vs. gestational The implementation is delayed for the California Public Employees’ Retirement System (CalPERS), the benefit system for state employees, until July 1st, 2027.   Are there any exceptions to this new law?  SB 729 purports to apply to any fully insured plan that offers coverage to at least one resident of California and covers more than one hundred employees, even if that plan’s situs is not in California. This means that, even if a fully insured health plan for an employer is based in another state, as long as it covers even a single California-based employee, it could be subject to SB 729. However, SB 729 does not impact employers that self-fund their health plans, which are instead governed by the federal Employee Retirement Income Security Act.  This new law also does not impact the following employers and/or their plans:  Religious employers  Specialized healthcare service plan contracts  Medi-Cal plans  Certain entities that enter into contracts with the California Department of Health Care Services for the delivery of healthcare services    Conclusion  California, despite being held as a leader in reproductive rights, was behind in how health insurance is mandated to cover IVF and other fertility services. For example, New York  revised their insurance law to cover three IVF cycles for patients in large group insurance policies in 2020. Since 2022, Illinoi s provides coverage for four egg retrievals and unlimited embryo transfers. This is what the passage of SB 729 aims to address. An estimated 10 million eligible Californians will benefit from this new law, opening the full range of fertility treatments and allowing doctors to choose the most appropriate ones for their patients. IVF is often the standard of care for individuals facing infertility, and its exclusion from health insurance plans up until now has forced Californians to pay out-of-pocket or forego treatment entirely due to its significant expense, giving so many people the opportunity to build the families they want.  Need more help navigating your own third party reproductive journey? Contact Tsong Law Group. Our lawyers can assist you with gamete and embryo donation, surrogacy contracts, and the parentage action. Tsong Law Group’s specialist lawyers are licensed in California, Washington, Illinois, Arizona, Oklahoma and New York.

Equality for Every Family Act - Awaiting Review As of November 14, 2025 HB2683  known as the “Equality for Every Family Act” has not been enacted. It was passed by the legislature, then vetoed by the Governor to correct typos in references to the amendments, but those changes have been made and it now awaits re-passage and Governor Pritzker’s approval. It is expected to pass soon. This article explains what would change when the bill becomes law so that intended parents, surrogates, and agencies can plan ahead. Update (December 12, 2025): Governor JB Pritzker has signed the Equality for Every Family Act into law, and the measure is now in effect. What HB2683 Is HB2683, called the Equality for Every Family Act, would update the Illinois Parentage Act  and the Gestational Surrogacy Act . The bill focuses on how parentage is established in gestational surrogacy, the minimum terms that belong in agreements, and the paperwork hospitals and the state use to recognize intended parents at birth. We present it in the same plain‑English format we use in our practical insurance and surrogacy explainers for families. Language updates that recognize spouses in a gender‑neutral way HB2683 rewrites key terms so the statutes read in gender‑neutral language and recognize both spouses, rather than “husband and wife.” The bill revises the definition of intended parent to “include, in the case of a married couple, both spouses” and replaces mother and father with parent where appropriate. It also updates the definition of donor to “a person who provides gametes,” while confirming that donors are not parents under assisted reproduction or gestational surrogacy provisions. These changes align the text with how Illinois already treats same‑sex married couples and other families formed through assisted reproduction. What counts as assisted reproduction under HB2683 HB2683 would expand the definition of assisted reproduction to cover any method of achieving pregnancy other than sexual intercourse, including artificial insemination such as intrauterine, intracervical, or vaginal insemination, donation of gametes or embryos, in vitro fertilization and embryo transfer, intracytoplasmic sperm injection, and other assisted reproductive technology; it expressly excludes pregnancies achieved through intercourse. In practice, this would mean an at‑home insemination can qualify as assisted reproduction when the parties intend and consent to become parents through that method, even if no clinic is involved, so long as other statutory requirements are met. The bill also clarifies that a donor is not a parent under these provisions, and reinforces the importance of preparing written contracts before any third party assisted reproduction. Two Ways To Establish Parentage HB2683 creates two clear routes to establish parentage in gestational surrogacy. First, parentage can arise at birth by operation of law if required certifications from the parties, counsel, and physicians are completed and delivered to the birth hospital, with submission to the Illinois Department of Public Health under rules the department will issue. This is the current state of the law and discussed in this blog article . Second, families can obtain a court judgment of parentage on a standard record, with a short decision timeline when filings are complete.Both paths are intended to reduce uncertainty in labor and delivery and in vital records processing. Do intended parents still need a genetic connection? Previously gestational surrogacy in Illinois required intended parents have a genetic link to their child. The Gestational Surrogacy Act defines gestational surrogacy as using the gametes of at least one intended parent, and Section 46/709 of the Parentage Act requires certifications that the pregnancy was conceived with at least one intended parent’s gametes. HB2683 removes the genetic‑link requirement from both the Gestational Surrogacy Act definition and the Section 46/709 certifications. The bill strikes the “at least one intended parent’s gametes” language. When enacted, intended parents would not need a genetic connection to be recognized as parents–this is a major and welcome change in the law that opens up surrogacy in Illinois to those who have donated embryos or both sperm and egg donations. “Medical Need” for Surrogacy Changed to “Infertility”  One part of Illinois’s requirements that is not fully changed is the medical need requirement. HB2683 replaces the current “medical need” affidavit for intended parents need to start their surrogacy journey to “infertility”. Instead of requiring a physician affidavit that you have a medical need for surrogacy, the bill would require that intended parents are experiencing infertility as defined in Section 356m(c) of the Illinois Insurance Code. That definition covers three pathways: not establishing or carrying a pregnancy to live birth after 12 months of trying (or 6 months if over age 35), an inability to reproduce as a single person or with a partner without medical intervention, or a physician’s findings based on history, age, exam, or testing. Removing the physician affidavit requirement is helpful to intended parents, because they need only represent they suffer from infertility, which includes LGBTQ intended parents not being able to conceive without assistance.  Key Contract and Eligibility Requirements The bill modifies existing requirements for an Illinois surrogacy agreement. Whereas previously each party would have independent counsel, now the counsel must both be Illinois‑licensed, with the intended parents paying the surrogate’s legal fees. Compensation and reimbursements would be held by an independent escrow agent that is now not affiliated with either side’s law firm. The surrogate would retain the right to choose her treating providers. The embryo transfer physician may be licensed in the state where the transfer occurs, which reflects common out‑of‑state clinic use. The prior law which required intended parents and surrogates to have had physical and mental health screenings are unchanged.  Marital Status Changes Will Not Upend a Case If the surrogate marries or divorces after signing, the agreement remains valid and the new spouse does not become a presumed parent. The same principle applies to intended parents if their marital status changes. The goal is to avoid last‑minute amendments and to keep hospital intake straightforward. Termination Before Embryo Transfer HB2683 provides a new section that provides instances where surrogacy agreements can be terminated.  Any party may terminate the agreement before an embryo transfer or between failed transfers by written notice. There are no penalties or liquidated damages for terminating, absent fraud. Intended parents remain responsible for agreed expenses that accrued up to the termination date. While this was how almost all surrogacy contracts are drafted in practice, it does not hurt to have these provisions added. What This Means For Day‑of‑Birth Logistics Hospitals will receive a single certification packet that confirms legal parentage at delivery, or an Illinois court judgment if the family chose that route.There is no change in Illinois Vital Records issuing the initial birth certificate with the intended parents named as parents.  Bottom Line For the past decade, Illinois residents have enjoyed the benefits of legalized surrogacy and gamete donation in the form of written law. Illinois will soon have a welcome update to the law which will broaden surrogacy and gamete donation to more intended parents.  Tsong Law Group guides intended parents, surrogates, and donors through assisted reproduction in Illinois  and across the country. Our attorneys are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. If you are planning egg donation or surrogacy, we can review your agreements, insurance, and hospital plan, and secure parentage. Contact our team to schedule a consultation. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship with the reader.

For a long time, intended parents and surrogates have had to come up with ways to explain the surrogacy journey to their children. Surrogates will need to explain to their children that the baby they are carrying will not be part of their family but will join another family. Intended parents seek ways to explain to their children that they were born through surrogacy, or explain the role of their surrogate to their current children. While there is no hard and fast rule when it comes to discussing the surrogacy process to your child, some experts suggest to start it as early as possible. Fortunately, as surrogacy becomes more and more common, there are now more and more children’s books that address the subject. Reading to your child is a fun and age-appropriate way to explain and normalize surrogacy to your children, whether you are a surrogate or intended parent. In this article, we will discuss some children's books about surrogacy. 1. The Kangaroo Pouch: A Story About Surrogacy For Young Children By: Sarah A. Phillips (Author) and Laurie A. Faust (Illustrator) For ages: 2-6 years old Available on Kindle and in print. The Kangaroo Pouch  is a great start for children to learn the concept of surrogacy as it uses kangaroos as an analogy. It underscores the reason why a mother uses surrogate and portrays the situations during the pregnancy. One of the most important concepts highlighted by the book is the question on whether the baby is given back to their biological parents after conceived. The Kangaroo Pouch  is from the perspective of a child of a surrogate. Who is this book for: intended parents’ existing children, future children, and surrogates’ children. 2. Mommy, Who is Miss Amy? A Tale of Surrogacy By: J.D. Quarles (Author), Emily Ivie (Illustrator) For ages: 3 to 6 years old Available on Kindle Unlimited and in print.   Mommy, Who Is Miss Amy?  features a story of a young boy who is curious about his parents’ surrogate and learns how Miss Amy helped his parents’ dream of having him come to life. This will help the child understand the intended parents’ reasons for surrogacy and the step-by-step process of a surrogate’s pregnancy. Note that there is a companion book titled Mommy, Who is Miss Becky?  drawn from the perspective of a girl for intended parents of girls. Who is this book for: intended parents’ children born from surrogacy. 3. Mommy is a Basket: Our Journey as a Surrogate By: Cj Love (Illustrator), Linda Rinderknecht (Editor), Kya Buchanan (Author) For ages: 3 to 6 years old Available on Kindle Unlimited and in print.   Mommy is a Basket  features a story of a girl whose mother is about to become a surrogate, and how she learns about different aspects of her pregnancy. This picture book explains in detail the process of surrogacy from the surrogate’s perspective. Note that this story imagines a continuing relationship with intended parents after the birth which does not occur in all journeys. The art is also a bit limited and reused throughout book. Who is this book for: gestational surrogates’ children. 4. The Very Kind Koala By: Kimberly Kluger-Bell (Author and Illustrator) For ages: 3 to 6 years old Available in print only.   The Very Kind Koala  features a simple yet delightful introduction to surrogacy for young children by featuring a koala husband and wife who need the help of a very kind koala to carry their baby in her pouch. With its heartfelt drawings, this book can keep children engaged and is easy to understand. The Very Kind Koala is written from the perspective of the child born from surrogacy. One nice aspect is it allows the child to personalize the book with their own text or pictures from their own family. Who is this book for: Intended paren ts’ children born from surrogacy. 5. It Takes a Galaxy: A Surrogacy Story By: Auntie Boppy (Author) For ages :  4 to 8 years old Available in print and eBook formats. It Takes a Galaxy  tells the enchanting story of Taylor and Jamie, two unicorns in Unicorn Land, who dream of growing their family. With the help of several magical friends, they begin a surrogacy journey to welcome a baby into their lives. This heartfelt book highlights just how many loving people it takes to bring one special child home. What makes this book shine is how it keeps the magic alive while gently introducing the concept of surrogacy. The story celebrates teamwork, friendship, and the beautiful reality that families are built with the help of many hearts. It's a perfect starting point for parents to talk with children about surrogacy in a warm, whimsical way. Who is this book for: intended parents’ children, surrogates’ children, and any family wanting to share the magic behind their surrogacy story . 6. My Mom Has Superpowers By: Ellen M. Smith and Kenedi Smith For ages: 4 to 8 years old Available in print. My Mom Has Superpowers  is a touching surrogacy story told through the eyes of a child whose mother is helping another family grow. This heartfelt book is from the point of view of a young boy whose mom is going to be a surrogate for a gay male couple. Told with warmth and understanding, the story explains to the child why the intended parents are seeking to have a child, what steps the mom has to undertake to become pregnant, and how the surrogacy continues through the pregnancy through the birth.  Written by former surrogates and mother and daughter, Ellen and Kenedi Smith, this story shows the journey of a surrogate as one filled with kindness, strength, and love.  Who is this book for: children of gestational surrogates and families wanting to teach the value of helping others. 7. From the Start By: Stephanie Levich and Alana Weiss For ages: 4 to 7 years old Available in print. From the Start  by Stephanie Levich and Alana Weiss beautifully teaches children the many ways families can be started. The book's inclusive illustrations celebrate family diversity by depicting a variety of couples, mixed race couples, and even animal families. This book is valuable for families built through assisted reproduction because of its positive, age-appropriate portrayal of donors, surrogates, and medical professionals as essential helpers in a family-building journey. The authors introduces concepts like eggs and sperm by using relatable analogies that young children can grasp to maintains accuracy without overwhelming young readers. By normalizing the idea that some people need help to create their families and celebrating those who provide that help, From the Start  gives children a foundation for understanding and appreciating their own origin stories in a meaningful, developmentally appropriate way. Who this book is for: Intended parents’ children born from surrogacy, adopted children  This is just a small sample of the amazing children’s books about surrogacy that can help your children understand the complex process. For guidance on the legal aspects of surrogacy, by contacting Tsong Law Group.