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Definition of a Pre-Birth Order (PBO) and Post-Birth Order A Pre-birth Order, often called a "PBO," is a legal petition filed in court that requests the court rule that the intended parents are the legal parents of the baby carried by a pregnant gestational surrogate. This happens before the baby is born. On the other hand, a post-birth order is a similar court process, sometimes started before birth, but it is a process where the court grants the legal parentage judgment after the baby is born.  When your lawyer or agency says, "We are preparing the PBO," they mean they are preparing the necessary legal parentage pleadings to file with the court. The term "pre-birth order" can refer to the actual court decision, but it often refers to the paperwork setting that up.  When a pre-birth order is signed by the court, it is sent to the hospital, accompanied by a letter from the attorney stating that the intended parents should be acknowledged as the legal parents in the surrogacy case. The judgment also states that  the gestational carrier and her spouse will not be listed on the birth certificate or have any legal rights over the child. With this order, the intended parents can complete the birth worksheet or birth certificate, officially listing them as the parents on the only birth certificate for the child.   Post-Birth Orders: After Delivery In contrast, post-birth orders are granted after the baby is born. In some states, this means the birth certificate might name the gestational carrier as the mother. The post-birth order will order the state’s department of health to seal the original birth certificate and issue a new one, officially recognizing the intended parents as the legal parents of the child.  Whether a pre-birth or post-birth order will be requested depends on the laws and courts of the surrogate's state. In some states, like Washington,   California , and Oklahoma , the courts issue pre-birth orders. In these states, the court declares the intended parents as legal parents before the baby is born. On the flip side, other states like Texas and Florida are post-birth order states, where the legal judgment does not issue until after the baby is born. It's crucial for your lawyer to know the parentage process in the state of the surrogate.      Other states like New York   and Illinois   have administrative processes that allow issuance of birth certificates in surrogacy outside going through a court proceeding. However, if the intended parents need a court judgment affirming their parental status, they can pursue a post-birth judgment in Illinois or a pre-birth order in New York.   Is there a disadvantage to using a pre-birth order or post-birth order?   In most cases, there's no real downside to choosing a pre-birth order or post-birth order state. The result is the same: the birth certificate reflects the intended parents as the legal parents, not the surrogate. This is a consistent outcome in both types of states.  For some international intended parents, there may be different requirements or needs for a pre-birth or post-birth order. For some intended parents, having a pre-birth order may be helpful for obtaining a visa; this was the case during COVID-19 times when certain travelers could not obtain visas to the US. In France, a post-birth order is required to recognize the parentage, so in pre-birth order states, a second order is requested.   Tsong Law Group’s attorneys are well versed in preparing pre-birth and post-birth orders. Connect with the expertise of our experienced attorneys licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma. Contact us now for your surrogacy legal needs.

Introduction If you’re building a family through egg donation or surrogacy in Illinois, you already know how quickly the costs can add up: from fertility treatments  to legal paperwork  to the medical care  itself. And while our recent blog on California’s SB 729  explains how California expanded its fertility coverage, the Illinois legislature enacted SB 773   (Public Act 103‑0751) in 2024. For group policies issued or renewed on or after January 1, 2026, any Illinois group policy that provides pregnancy‑related benefits must also include infertility coverage. Illinois readers, depending on your health plan, you may already have insurance benefits that cover key parts of your fertility or surrogacy journey, including egg retrievals, IVF, and some services furnished to donors or a gestational surrogate as part of treating the member’s infertility. Whether you're just starting IVF, planning to work with a gestational surrogate, or using an egg donor, understanding your insurance options in Illinois is a critical step. This article walks through what the law covers, what it doesn’t, and how to protect yourself from the unexpected. Illinois insurance mandates: what they cover Illinois is one of the few states that legally requires many fully insured group health plans to cover infertility diagnosis and treatment. The mandate arises from Section 356m  of the Illinois Insurance Code , which sets definitions, eligibility, and parity protections. Through December 31, 2025, it applies to fully insured group policies with more than 25 employees ; beginning January 1, 2026, it applies to all Illinois group policies that provide pregnancy‑related benefits. If your insurance plan is fully insured (as opposed to self‑funded) and your employer has 25 or more employees, your plan is likely required—today—to cover a broad range of fertility‑related services. This includes but is not limited to: In vitro fertilization (IVF) Uterine embryo lavage and embryo transfer Artificial insemination (IUI) Gamete intrafallopian transfer (GIFT) Zygote intrafallopian transfer (ZIFT) Low tubal ovum transfer Those procedures remain in the statute for 2026 and beyond, and surgical sperm extraction procedures are expressly referenced under the 2026 expansion. The IVF, GIFT, and ZIFT coverage requires that the covered individual has been unable to attain, maintain, or sustain a viable/successful pregnancy through reasonable, less costly medically appropriate treatments for which coverage is available. Illinois law defines infertility broadly—including individuals who cannot reproduce without medical intervention, regardless of partnership status. That means single individuals and LGBTQ+ intended parents can qualify. The law currently has a lifetime limit  of up to four completed oocyte (egg) retrievals , with the potential for two additional retrievals  if a live birth occurs. For group policies issued or renewed on or after January 1, 2026 under new subsection 356m(a‑5), that statutory retrieval cap is removed. All covered procedures must be performed at qualified facilities.  For plan years before 2026 , procedures must be performed at facilities meeting ASRM/ACOG standards;  for group policies issued or renewed on or after January 1, 2026 , procedures must be medically appropriate under ASRM/ACOG/SART guidelines and performed at facilities that are SART members in good standing. Perhaps most notably, Illinois law prohibits insurers from applying stricter deductibles, co‑pays, coinsurance, waiting periods, or coverage caps to infertility diagnosis/treatment (and standard fertility preservation) than apply to other medical care under the plan. Egg donation & retrieval coverage Under state law, qualifying plans must cover the medical aspects of egg donation and retrieval, including donor screening that an insurer requires (for example, physical exam, lab and psychological screening, and prescription drugs). If an oocyte donor is used, the completed retrieval counts toward the covered member’s retrieval limit. Non‑medical donor costs—like compensation, travel within 100 miles, agency fees, and legal fees—may be excluded. In short, Illinois law supports coverage for the donor’s medical retrieval and related infertility services—but not the full cost of using a third‑party egg donor. This is where legal planning and private financial arrangements become essential. Surrogacy‑related medical coverage Surrogacy introduces complexities when it comes to insurance. Under Illinois’ infertility mandate and Department of Insurance rules, an intended parent’s qualifying plan must cover infertility services that are delivered to a surrogate to treat the member’s infertility—subject to the plan’s medical‑necessity and network rules. That includes at least one embryo‑transfer procedure after the final covered retrieval and related infertility services until the surrogate is discharged to routine obstetrical care. After discharge to OB care, ongoing prenatal and delivery services may be excluded from the intended parent’s infertility benefit and are typically billed to the surrogate’s own policy. If the surrogate is in Illinois, her insurance does not have to be “surrogacy‑friendly,” but the Gestational Surrogacy Act requires that, at the time of signing, the surrogate has a health insurance policy covering major medical and hospitalization that remains in effect through the pregnancy and for at least eight weeks after birth. The policy can be procured by the intended parents. ( codes.findlaw.com ) Key Points: Mandated coverage:  Illinois law requires qualifying group policies to cover infertility services furnished to a surrogate that treat the covered individual’s infertility (including embryo transfer), with parity in cost‑sharing, until the surrogate is discharged to OB care. Policy for surrogate must be in place: The surrogate must have her own policy covering major medical/hospitalization through the pregnancy and eight weeks postpartum. Your responsibility:  Intended parents remain responsible for plan deductibles, copays/coinsurance, and any items not covered by either policy (for example, non‑medical surrogate costs). Setting up a policy:  If the surrogate’s existing plan excludes or limits coverage, you may need to help her obtain a policy (often via the Marketplace during open enrollment) that satisfies the Act’s requirement and your contract terms. Specialist consultation:  Consulting a surrogacy‑savvy insurance broker helps determine whether a secondary policy is prudent and how claims should be routed. Note: Some carriers have formally clarified operational details. For example, BCBSIL instructs providers to indicate “surrogate” or “donor” on claims and notes that infertility benefits applying to a member also apply to a surrogate until discharge to OB care; coverage details still vary by plan. ( bcbsil.com ) To learn more about Illinois surrogacy contracts— read our breakdown of the state’s surrogacy agreement requirements Need legal guidance? If you're pursuing egg donation, surrogacy, or both in Illinois , Tsong Law Group   can help you protect your family and finances. Our attorneys are licensed in California , New York , Illinois , Washington , Arizona , and Oklahoma —and we’ve helped families nationwide navigate fertility law with confidence. This article is for informational purposes only and does not constitute legal advice. It does not create an attorney‑client relationship with the reader.

As President Donald J. Trump  promised, he issued a slew of executive orders on his first day in office on January 20, 2025.  The one that potentially affects surrogacy is his executive order to restrict birthright citizenship which is titled “ Protecting the Meaning and Value of American Citizenship. ”    The Executive Order creates a policy that no department or agency will issue documents recognizing United States citizenship or accept state documents that would recognize United States citizenship to persons (1) where either the person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or permanent resident at the time of birth, or (2) where the person’s mother’s presence at the time of birth in the United States was lawful but temporary, and the person’s father was not a United States citizen or permanent resident at the time of the person’s birth.    This Order will apply to persons born 30 days from January 20, 2025 and shall not be construed to affect other individuals from obtaining documentation of their United States Citizenship.  What Does This Mean for Surrogacy with International Intended Parents?  The U.S. has long been a global leader in surrogacy due to its favorable legal framework, the laws of several states permitting surrogacy, and the ease of obtaining legal documents such as birth certificates for children born to American surrogates.   The Executive Order does not directly mention surrogacy. In fact, it specifically does not affect the citizenship of anyone who does not fall under the two specific situations. The first group of people excluded from citizenship are those where the mother is unlawfully present and the father is not a U.S. citizen or green card holder. This would not apply to international intended parents as neither would enter the U.S. unlawfully. The second category requires two things, both that the mother’s presence is temporary and the father is not a U.S. citizen or permanent resident.  It is unclear whether this applies to U.S. surrogate births in all situations.   The Reasoning of Trump’s Challenge on Birthright Citizenship and Why It is Unlikely to Succeed The Executive Order quotes the Fourteenth Amendment of the U.S. Constitution which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Trump interprets this Amendment to exclude birth citizenship to persons who are not “subject to the jurisdiction” of the United States and argues anyone who is not a permanent resident or citizen is not subject to the jurisdiction of the United States. However, a historic Supreme Court decision established birthright citizenship in 1898.  United States v. Wong Kim Ark, 169 U.S. 649   (1898)  found that a Chinese man born in San Francisco to parents who were at the time both Chinese citizens permanently living in the United States, could not be denied citizenship even though a law at the time, the Chinese Exclusion Act, prevented Chinese from becoming U.S. citizens. The Trump administration reads this case as requiring permanent residence in the United States, when the legal status of permanent residency did not exist until the Alien Registration Act was passed in 1940.    Thus, legal experts predict that any attempt to alter birthright citizenship will likely face lengthy court battles. The possibility of the order ever taking effect in thirty days is unlikely.    The procedure is likely to be as follows: (1) In the thirty-day period before this Executive Order takes effect, it will be challenged by immigrant rights and civil liberties groups in the United States in federal court. In fact, as of the time of this writin g, eighteen states, the ACLU and other groups have already filed a lawsuit . (2) The plaintiffs will request the judge hearing the to issue an injunction, or a stop, to enforcement of the order nationwide until they have heard the arguments and make a decision. An injunction of the Executive Order is likely under the standard which requires (i) a likelihood of success on the merits; (ii) a likelihood of irreparable harm; and a (iii) balance of equities and hardships in favor of the moving party; and (iv) the preliminary injunction is in the public interest.  (3) It will then take months before a trial takes place. We expect that the trial will find the Executive Order is unconstitutional based on the precedent of United States v. Wong Kim Ark.  (4) The injunction or denial of the injunction will then be appealed to a federal appeals court, and eventually the Supreme Court. Each appeal on the injunction could take about a month, Should the injunction stay in place, the case will take more than two years to be resolved, first with a lower court decision after a trial, then after the federal appeals court rules, and finally, with the Supreme Court ruling.     Even in the worst case scenario where the executive order is not enjoined and the USCIS denies citizenship documents to international intended parents, there are alternative ways to establish the child’s citizenship. These include applying for citizenship in one’s home country or applying for special statuses that allow travel without a passport. While these processes may require additional steps, they are manageable with the help of experienced legal professionals.     Opportunities for Growth and Collaboration    The surrogacy industry in the U.S. is resilient and resourceful. In fact, surrogacy continues to expand in the U.S., as Michigan will join states in which surrogacy is legal this year.     While restrictive policies could prompt some families to explore options in other countries, the U.S. remains a preferred destination for its exceptional legal clarity, the shorter wait times, and modern healthcare. By engaging with policymakers and advocating for inclusive family-building policies, industry professionals can help maintain the U.S.’s position as a global leader in surrogacy.    Moreover,  while international intended parents may fear chaos will erupt during the Trump administration restricts immigration, as a surrogacy law firm that experienced the COVID-19 outbreak, we have successfully navigated a crisis that caused the shutdown of courts, passport agencies, and a travel ban for intended parents with a positive outcome for all of our clients.     Advocacy groups and agencies are prepared for whatever the next Trump administration will bring up, working proactively to ensure that families' rights and needs are protected in the future.    Conclusion: Preparing for a Bright Future    The Executive Order was not written with surrogacy situations in mind and there are arguments that the Executive Order does not apply to international intended parents using surrogacy.     In addition, the legal foundations of birthright citizenship, supported by the U.S. Constitution, are likely to survive this Executive Order.  Note that the situation is subject to change, and we will update the blog when there is new information or guidance.    The attorneys of Tsong Law Group have over 30 years of combined legal experience and are licensed in six states. If you choose  Tsong Law Group , we will provide assistance with documents to help with an exemption from Trump’s Executive Order and have solutions for any legal issues that arise, so you can focus on your family building.   Updates:   On January 23, 2025, Senior U.S. District Judge John Coughenour in Seattle granted a temporary injunction blocking the Executive Order nationwide from coming into effect for at least 14 days while the case is argued.  This is the lawsuit by various states including Washington.  On February 5, 2025, U.S. District Judge Deborah Boardman in Maryland granted a preliminary injunction on the Executive Order nationwide, stating it "contradicts 125 year-old binding Supreme Court precedent and runs counter to the country's 250 years history of citizenship by birth." A preliminary injunction is longer than a temporary injunction and stays in effect until the case decided by the court, or it may be appealed to the Court of Appeals. On February 10, 2025, Federal Judge Joseph Laplante in New Hampshire temporarily blocked the implementation of the executive order after determining that keeping it in place would cause serious harm to the affected parties. He found that suspending the order would have minimal impact on the government since it simply preserves the current citizenship documentation process for newborns. When granting the injunction, the judge emphasized the importance of experienced legal practitioners presenting thorough arguments, noting this approach best serves and maintains the rule of law. On May 15, 2025, the US Supreme Court heard oral arguments on whether to allow the preliminary injunctions in effect to go forward. On June 27, 2025, the Supreme Court ruled 6-3 that the preliminary injunctions were overbroad and could only cover the individual plaintiffs in the action. Read our article here for a complete analysis. On July 10, 2025, Judge Laplante of the New Hampshire District court certified a class which includes babies covered by the executive order and parents of those babies, and issued a preliminary injunction covering the class. The government had seven days to appeal the ruling to the First Circuit. The federal government failed to appeal in time so the executive order is enjoined (stopped from taking effect) nationwide.

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

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

Egg donation  is a  process wh ere a woman donates her eggs (oocytes) to help someone else conceive a child. The medical procedures are usually smooth, but sometimes medical complications can arise, which leads to the question of who pays for unexpected medical expenses of the donor. This is where egg donor insurance, sometimes referred to as an Oocyte Donor Insurance Policy or ODIP, comes into play. In this blog, we discuss what ODIP is, what it covers, and when it should be purchased, as well what caps on out-of-pocket medical expenses.  What Does ODIP Cover?  An ODIP covers any complication that may stem from undergoing the egg donation procedure. This includes infections, lesions, overstimulation, adverse medication reactions, and any complication whereby the donor would need treatment at an emergency room, urgent care, or doctor's office.   ODIP is strictly for egg donation complications. ODIP does not cover routine aspects of the egg donation process such as monitoring, retrieval procedures, or medication costs. These routine expenses are typically paid for by the intended parents directly. ODIP is there to step in if something goes wrong medically after the donation.  Why Do IPs Buy ODIP?  The fact that there is a specialized and affordable insurance that covers egg donation complications is a big benefit for egg donors and intended parents (“IPs”), especially when general medical insurance policies can only be obtained certain times of the year and may be more expensive.  The purpose of having an ODIP is to cover any medical complications that might arise during the egg donation process and allow intended parents to limit their out-of-pocket exposure. While most egg donations proceed without issues, complications may occur, and these can lead to unexpected medical bills. By having ODIP, IPs can ensure that these potential costs are covered for the egg donor.   Even if the donor has her own medical insurance, it's common for IPs to purchase an ODIP policy. There are a couple reasons: (1) The parties do not need to worry about whether the private insurance will cover egg donation complications. The ODIP can be the first insurance to cover any medical expenses; (2) Private insurance may take a long time to process a claim,  leaving the donor with the medical expenses months later, long after the escrow account has closed and it may be difficult to make the intended parents pay the bills. Having ODIP ensures that any potential complications during the egg donation process are covered regardless of the private insurance.  How Long Does ODIP Cover For?  The policy is good for four months OR one cycle of medication. If a new cycle of medication needs to be administered, then a new policy must be purchased even if it is in that four-month coverage period. This is due to a claim needing to be traced back to a medication cycle.  When is ODIP Typically Purchased?  ODIP insurance should be purchased at least 3-5 business days prior to the medication start date. If a start date isn't known, but a policy must be put in place, you may enter in a tentative start date and when a proper start date becomes clear, you may adjust the date if medication has not been administered. This ensures that the donor is protected from the start, and any potential complications can be addressed promptly without financial stress. IPs often coordinate with their fertility clinic or agency to arrange this coverage ahead of time.  What Out-of-Pocket Expenses Could IP Be Responsible For?  ODIP policies have typically covered up to $250,000 for medical complications arising from the egg donation process.   Egg donation contracts with ODIP provisions will have a limit to the out-of-pocket intended parents are responsible for. This limit ensures that even if complications occur, IPs are only responsible for a predetermined amount of medical expenses beyond what ODIP covers. The exact limit will depend on what the two sides and their attorneys agree to. The Intended Parents should speak with their agency or broker about what expenses could fall outside of the policy.  While it is unlikely that there will be medical expenses outside of ODIP, Intended Parents will benefit by having a monetary limit on potential medical expenses in the egg donation agreement and know they will not be responsible beyond the limit.   Conclusion  In conclusion, having an ODIP is a good idea and offers protection for both the donor and IPs in the egg donation process.  To purchase an ODIP or learn more about the plans, contact an insurance broker that specializes in third party reproduction. Your agency or lawyer can refer you to a company that offers these plans. They may be surprisingly affordable given the amount of coverage. If you have questions or need assistance with drafting or reviewing an egg donation agreement, contact us now.

Rachel Mangahas is a certified coach, speaker and advocate for individuals navigating infertility, adoption, surrogacy and family/societal expectations. After growing her own family through adoption and surrogacy, she supports others on their own journeys to reduce their stress, take breaks, and find joy. You can learn more about her work at rachelpm.com or tune into her podcast on Spotify . When Rachel Mangahas first began her family-building journey in her mid-twenties, infertility was the last thing she expected to face. “You think of infertility and it usually happens to someone older,” she recalls. After a difficult IVF experience left her feeling emotionally and physically depleted, she paused treatment and turned to  adoption . That decision opened a new path for Rachel and her husband y which led to  two international adoptions from Korea and, later, a twin pregnancy via surrogacy. In this conversation, she opens up about the emotional and cultural layers of infertility, navigating family dynamics, and the different kinds of control and surrender required in both adoption and surrogacy. Ralph knows Rachel and her husband from their Korean adoption journey and kept up with them for their subsequent surrogacy journey. Her success and story is unique and worth sharing with our readers. Rachel now has a podcast called It’s How You Carry It and coaches women with accepting infertility. Early Dreams and Expectations Did you ever feel pressure from your family or cultural expectations when it came to having children or building a large family? A little bit. I feel like the number of kids wasn’t the biggest pressure. It was definitely talked about often, and I had that idea too—because I loved having a big family, with lots of cousins. I only have one brother, and my husband has one brother, so it was like, “Oh, we want a loud house with a bunch of kids and strong relationships.” From the family side, they didn’t really push it. They’d just say things like, “Well, grandma had seven—you can do it too. If you want five, just keep going.” They knew I always said I wanted five. The pressure wasn’t really about how many—it was more like, “Start having kids already.” Like, When are you going to have them? For me, it wasn’t too bad. When people asked, I had my go-to responses like, “We’re trying.” I kept it tight. I didn’t really let anyone in, especially about IVF or what we were going through. What affected me more was how our families only saw one version of how this was supposed to go: you get pregnant, you have kids. That’s it. They didn’t understand the other paths, or why it might not be working. They’d make comments like I was doing something wrong—like something was wrong with me. That’s what triggered me. I’d push back and say, “You know there are two people in this equation, right? ” I’d end it with, “We know what we’re doing. We’re working with doctors who understand. I’m trying my best.” But yeah, what hit me most were comments like, “You’re probably eating the wrong things,” or “You’re not exercising enough.” I didn’t believe any of it—but it still hurt. How did your Filipino upbringing and family dynamics shape your experience with infertility and adoption—and how did you navigate those cultural expectations along the way? Yeah, 100%. Being Filipino and growing up in a Filipino household with a lot of Asian friends and being around Asian communities, you rarely see families that have adopted or done surrogacy. If they did struggle, it was definitely more taboo. No one talked about it. We didn’t tell [my family] much because there was such a lack of understanding. We never saw examples of anyone around us going through anything like this. So the pressure really came from myself. It was like, I need to make this work. I have to make this work. Because no one else seems to have problems—so why is it just me?  It felt incredibly unfair. My mom never talked to me about reproductive issues, ever. So it just wasn’t something we openly discussed. I think they’re better about it now. But back then, when I was younger and starting my family, it just wasn’t something you talked about.  And because of that, anytime I gained a little weight—or we were even thinking about making an announcement—people would start touching my stomach and go, “Oh my God, you’re pregnant.” That was... not the funnest experience. Later, when our kids from Korea came home and we learned about attachment styles and how to become the primary caregiver, the hard part was navigating how our families would interact with them. I was nervous. Would they love them just as much as we did?  Because they were adopted? But honestly, once everyone knew, they were just extremely excited. There were a few questions, mostly because they didn’t understand the process. But overall, they were just excited to have babies in the house. Still, my husband and I had to set boundaries—especially in those early days. We had to be the ones doing most of the caregiving, to make sure the kids bonded with us as their parents, not the grandparents. That might’ve rubbed some people the wrong way. When you and your husband first started discussing family plans, did you both have the same vision for how many children you wanted? I did. I was shooting for five—I wanted five. My husband wanted two. So we compromised and went with three. But after the twins came, it was definitely a, “Well, looks like I got closer to my number than yours.”  IVF and the Journey to Surrogacy How many IVF cycles did you go through, and what was that experience like for you physically and emotionally? Essentially, I did it twice. What I did more of were the egg retrievals—and that part was hard. You go under anesthesia, it’s like a quick nap, but for me, I would constantly wake up from those procedures with maybe one or even zero eggs. That was the hardest part. We did one full IVF cycle, and then we did IVF a second time with a new doctor.  Can you walk us through the embryo transfers leading up to your surrogacy journey, and what made the experience at your second clinic feel different from the first? Yeah, that was our last embryo. Before that, we had two. I tried transferring one—it was a girl—but she didn’t stick. I was almost sure it had worked, so I was really bummed out. Surrogacy can feel like an unfamiliar or even intimidating option for many families. What led you to ultimately choose surrogacy for your third child, and how did that experience unfold? Yeah, the third baby. You and I had talked about it at some point—but to be honest, surrogacy wasn’t even on my radar. I was in denial. I thought, There’s no way I’m going to get to that part.  My plan was to adopt, and then get pregnant. So in my head, surrogacy was completely off the table. But we had our last embryo frozen, and once our daughter had settled in, we started debating—do we pursue another adoption, or do we try the embryo? We were scared about what would happen to it if we didn’t use it. Later we thought, Thank God we didn’t go for another adoption first,  or we’d have way more kids than planned. So I went back to my fertility doctor—she’s honestly the best in the Bay Area—and she brought up surrogacy. She strongly suggested it. I was shocked. I thought we were going to transfer the embryo to me. But she said, “Given your history, I’ll support you either way, but your best bet is surrogacy .” Then she asked, What’s more important—experiencing pregnancy, or bringing home a healthy baby?  That really hit me. I realized I’d been more attached to the idea of pregnancy than actually needing it. I’d already adopted. I knew what it felt like to have someone else carry your child and still bond deeply when they came home. So it became an easy yes. But yeah—surrogacy is a ride. A very expensive one. There was a lot to learn: contracts, seasoned surrogates vs. first-timers, reading all the profiles. We didn’t know how much we didn’t know. It was tough at first. We were holding our breath: Are we pregnant yet?  But once we got through that, it was so meaningful to build a relationship with our surrogate. In our adoptions from Korea, you don’t really get that—maybe an email or a picture. But there’s no conversation. With our surrogate, we texted all the time. At one point I wondered, Should I be doing more?  Like sending her gifts or having her hold the phone to her belly. But because we’d already been through adoption, we knew how to bond once the babies came home. That part didn’t worry us. So yeah, I let that go. I reminded myself: They’ll be fine once they’re here.  I just wanted her to be comfortable and have a healthy pregnancy—especially since it was twins. She was constantly at the doctor’s and such a good sport about it. Definitely not what we expected when we transferred one embryo... and ended up with twins. Parenting and the Transition Between Children How did you navigate IVF treatments and the second adoption while caring for your young son—and how did you help him understand the transition? Yeah, he was very young then—maybe three or four. So he didn’t really grasp what was happening.  When we went to Korea, we started explaining things to help with the transition: We’re going on a plane to pick up your sister.  He’d smile and seem okay. But when we actually got there, it was like, Who is this person?   He started fighting for attention—typical sibling stuff. And at that age, he didn’t understand the pregnancy or IVF side, so there weren’t a lot of questions. But doing IVF with him around—that was rough. I was a stay-at-home mom at the time, and I thought, Well, I have the time. I can do this.  But I didn’t realize how hard it would be with a demanding toddler. You’re trying to minimize movement, take all these medications... hormones, bruises from the fertility shots, fatigue... It physically weighed on me, and I couldn’t show up as my best for him. I was probably short with him or not playing as much. That’s why we took a break. I felt like, I’ve done enough,  and I needed to just focus on him. He was in those prime years—and he was still an only child. We thought it through and realized: We need to pay more attention to how he’s processing all this.  That shift into our second adoption felt like the right move at the right time. What felt most different for you between your adoption journeys and your experience with surrogacy? The biggest difference was that when we adopted, we were also first-time parents. That felt very different. We didn’t have a newborn, and we didn’t go through that phase firsthand. Also, adoption was something we openly wanted. We chose it. Surrogacy felt more suggested—something we resisted a little at first. But with surrogacy, we had way more control. We got to choose the surrogate, read profiles, and have a say. That’s not how it works in adoption. There, you submit your info and they match you. You don’t get to pick. You don’t have control. And that’s a huge difference. It just brings a different kind of anxiety. It’s a completely different process. What has it been like parenting four children—two through adoption and two through surrogacy—and how do you approach the unique conversations that come with each of their stories? Part of why I do what I do now is to show that all families are different and unique—and that’s okay. We’re a family. They’re my kids. I’m their mom. It doesn’t feel different to me. The only difference is in the back of my mind—when they go through something, or ask a question—I start overthinking: Is this related to their adoption? Why are they questioning things? The twins, from the surrogacy, don’t ask much yet. So for now, we’re focused on keeping Korean culture deeply rooted in our family. We want them to feel like it’s part of them—that we respect and celebrate it. We try to be open in talking about everything. Lately, we’ve been getting some weird questions, and we’re figuring out how to answer those. Sometimes you want to say so much—but then you realize, Wait, what are they really asking at this age? Every parent probably feels like, Oh my God, I’m going to mess up my kid—they’ll end up in therapy someday.  That’s probably universal now. But for us as adoptive parents, it just feels more heightened because of the trauma. It’s really about how they’re internalizing things, and how I can support them. That’s the part that hits me hardest—knowing I can’t fix everything. All I can really do is be present, answer their questions, and help them feel seen and loved. That’s probably the biggest difference in raising four kids with such different beginnings... and of course, just keeping up with daily life as a mom of four. Career, Coaching and Support for Others How did your time at Facebook impact your family-building journey—and what ultimately led you to step away from that role? I started working at Facebook about six years ago, and I’ve been out for two now. Honestly, working there played a huge role in making surrogacy and adoption possible for us. They offered reimbursements and a lot of great benefits that really helped us financially. I’m 100% grateful for that—our story might have looked very different if I hadn’t had that kind of support. But toward the end, he signs of burnout were all there, so I made the decision to leave. Can you share a memorable success story from your coaching work—one that really captures the kind of transformation you help people move through? One of my clients and I met in a surrogacy group. She had just lost her last embryo—that’s when we started working together. She and her partner were older and really at a crossroads. We began by talking things through—ways to process the grief, the fear, the resistance. I reminded her: it’s going to be different, not perfect, but she’s stronger than she thinks. Infertility teaches you that. Eventually, she shifted focus to herself. She looked for work, earned certifications she had put off—and one day said, “Rachel, I’m actually having fun.” She was laughing again with her husband, going out with friends. A weight had lifted. Getting her through the grief wasn’t easy, but she told me: “I wouldn’t be experiencing this joy now if I hadn’t gone through that.” She’s even scared to try another route because she doesn’t want to lose that lightness—and I get that. Who do you feel is the right fit for your coaching or podcast—who are you really hoping to reach and support? It’s anyone who feels like, I’ve done everything, but nothing’s working. I feel done—but I can’t be done. They’re usually pushing through because they think they have to—but they’re burned out. So we look at the deeper questions: Why are you doing this? What expectations are you trying to meet? It’s not just IVF. It could be adoption, surrogacy, foster-to-adopt—or how infertility has impacted your relationship or career. Some clients feel disconnected from their partner, or like their life is on hold. So we figure out: What will help you feel better first?  Then we build a plan. I often work with women who feel like they’re “skipping steps.” They think, Once I have the baby, everything else will fall into place.  But they’re exhausted. They’ve tried everything—acupuncture, herbs, all of it—and feel like they’ve lost themselves. The ones I connect with most are ready for a change—and can still laugh through it. Those are the ones who bounce back quickest. They start realizing, Yeah, I can actually do this. Reflection and Advice Looking back now, what would you tell your younger self at the very beginning of your family-building journey? Yeah. I would tell her to just chill out. I was 25. And now I’m 40—so looking back, that feels so young to be dealing with something like infertility. I really felt that at the time. I remember thinking, Why the heck am I going through this?  It just felt unacceptable, and I was determined to push through no matter what. But if I could go back, I’d tell her: Stop comparing yourself.  That was the hardest part. I let other people’s comments get to me—like I was doing something wrong, and that’s why I couldn’t get pregnant. I’d say, Stand on business. Be more vocal. Be confident. Own your journey from the start and do what you need to do. Because now? I’m living almost exactly what I had envisioned—just with a few small tweaks. And those are the parts that make our story even more special. Conclusion If you’re considering a similar path and want legal support that understands just how personal these journeys can be, Tsong Law Group is here to help you move forward with clarity and care.

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

The 2024 presidential election was a pivotal event for the U.S., with former President Donald J. Trump winning back the White House as the 47th President and likely also gaining control of Congress with a conservative majority in the Supreme Court. Trump’s administration is likely to result in many changes to the United States at all levels.  We will focus only on the changes we expect in key areas like healthcare, immigration, and reproductive rights and IVF, all of which can potentially affect intended parents in their surrogacy or fertility journeys.  Here are some changes that the Trump administration may bring to the American legal system.  Healthcare: In the world of surrogacy, the Affordable Care Act (“ACA”) , which passed in 2010, has been helpful for intended parents and surrogates as open enrollment has allowed intended parents to choose surrogacy friendly policies for their surrogates, while the ACA also requires insurers to cover preexisting conditions, which include pregnancy.  The Trump administration has not stated it will repeal ACA or coverage for preexisting conditions, one of the most popular features of the ACA. However, the campaign sought to “offer more choices” by allowing insurers to create “risk pools,” which lets them raise insurance premiums for groups deemed risky. Different risk pools would likely include surrogates or pregnant women, potentially causing a sharp increase in insurance premiums for pregnant surrogates. Some surrogates might lose access to affordable insurance coverage. Should this change happen, which we rate as likely, the intended parents will likely face higher insurance costs for surrogates who do not have surrogacy friendly insurance.  Immigration: One of the biggest promises of the Trump campaign has been cracking down on immigration. For international intended parents, Trump threatens to issue an executive order on day 1 which will order agencies to deny citizenship to babies born in the US if no parent has a green card or is a citizen. Some international intended parents Trump previously made this threat during his first administration. In our opinion, while it is likely to occur, it is not likely to survive a court challenge. The Supreme Court ruled in United States v. Wong Kim Ark   back in 1898 that birth right citizenship applied to children born in the United States and an act of Congress could not prohibit a child born by foreigners in the US from becoming a citizen. An executive order by Trump would have less authority than an act of Congress, so we rate it is as unlikely to have an impact. Furthermore, Trump campaigned on mass deportations of undocumented immigrants and removing temporary status from some immigrants. This is not likely to affect intended parents, but intended parents should know the immigration status of their surrogates. Intended parents should not choose surrogates who do not have legal status in the United States, or who may have tenuous status (asylum), and definitely avoid surrogates who have only temporary status or promise to come to the US to give birth.  LGBTQ Parentage: Same-sex couples considering surrogacy may worry what impact a Trump administration or Project 2025 will have on their journey. While protections in areas of employment and education are likely targets, it is less clear what will happen with respect to parentage for LGBTQ couples.  It is advisable to secure extra legal documentation to recognize parental rights and not rely on only a birth certificate. For LGBTQ parents, obtaining a judgment or confirmatory adoption can ensure their rights as parents will survive future laws or decisions. In surrogacy journeys, this is normally done, but in most gamete donation cases, there is no judgment. Talk to your lawyer about if you are an LGBTQ parent without a parentage judgment or adoption order. IVF and Embryo Status: During his campaign, Trump offered to make IVF free to Americans with little detail on who would qualify, how it would be paid, or what services would be covered. At this point, this does not appear likely to be implemented. Earlier this year, Congress introduced a bill to establish a federal “Right to IVF,” which would protect individuals’ rights to decide disposition of their genetic material, but it failed to reach a vote in the Senate. With both the legislative and executive branches likely controlled by the Republican party, this bill has no hope of advancing. On the other hand, conservative groups who supported Trump such as the Heritage Foundation, support more regulations on the IVF industry and view the destruction of embryos as incompatible with their pro-life beliefs. As Trump has promised not to sign a federal abortion ban, changes may occur mostly at the state level, as courts interpret laws that define life beginning at conception with no exception for IVF.  Intended parents might wish to reconsider where they store their embryos, potentially moving embryos to states that do not have laws that treat embryos as persons.  Conclusion: In conclusion, this election will have many consequences, but the consequences for those pursuing third party reproductive journeys will not be immediate for most. A Trump executive order on birthright citizenship appears to be the most likely to have an immediate impact but it is also likely to be suspended while it is challenged in court. We will have specific advice for international intended parents if it is not immediately suspended.  If you are considering surrogacy as intended parents , or a potential surrogate , consulting with a surrogacy lawyer  is a good place to start. Especially in light of these potential new policies and a shift in leadership, the parties need an attorney who is resourceful and well-versed in the law. 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 .

Like finding the right agency, finding the right  lawyer  for your surrogacy or egg or gamete donation contract can feel overwhelming. One way some people search for attorneys is to find the lowest price attorney. We discourage this method because the choice of your attorney requires research and consideration of factors other than just price. For surrogacy, a successful journey usually lasts a year or longer. In addition, having the parentage confirmed for the intended parents is one of the most important things that happen.   It’s also important to understand why ART attorneys’ rates vary and what are actual differences between lawyers.   Find a specialist in fertility law First, not all attorneys are specialists in the field. A non-specialist may charge less for their services, but you will lose out on possible expertise which matters when things don’t go as expected. An attorney in the practice of Assisted Reproductive Technology (ART) law should be part of many organizations to keep track of developments in the field of ART law. Tsong Law Group participates in many of these such as the American Bar Association ART Committee, ASRM, SEEDS. Ralph Tsong is also an ART fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) and the Academy of California Adoption and ART Lawyers (ACAL).  These academies have high standards for admission.  Ralph's affiliation as an AAAA fellow requires at least 5 years of practice, 50 ART or adoption cases, and a rigorous ethical review by the AAAA Board of Trustees. ACAL requires 100 ART cases and approval from the general membership.  Ralph Tsong has also spoken on ART law topics at many of these organizations, including the ABA, SEEDS, ACAL.   Find a lawyer with years of experience Second, look at experience. Experience comes from years of practice. Ralph Tsong has been an attorney for 25 years, having first been licensed to practice in Illinois in 1999 after graduating from University of Chicago Law School, a top 3 law school. We have a multi-state practice with Ralph Tsong being licensed in California, Arizona and Washington state on top of Illinois, with his associate being licensed in Oklahoma and New York.   Attorneys are priced higher for their years of experience in the field. Years of experience in multiple fields also create a multi-layered practice. Ralph’s experience with employment law allows him to address employment issues such as paid or unpaid leave and job protection and trial experience means he won’t be out of his element in court. Years of experience also provide connections to other attorneys should other legal needs arise. Having experience in thousands of cases in many jurisdictions allows Ralph to lead a team at Tsong Law Group.   Read Reviews and look at awards  Finally, look for actual client reviews and feedback on platforms like Google and Yelp. Reviews provide insight how prior clients feel about working with a firm. This is important in the research process so you can know if a choice is a right fit. Firms with more reviews are often more reputable and well known. A positively reviewed firm will make the legal journey easy to comprehend and a smooth experience.   Tsong Law Group is one of the best reviewed law firms for fertility law with over 100 five-star reviews  and counting across our platforms. Many reviewers specifically tell us they will return for their next journey, and they do. We are never short of positive reviews because client satisfaction is so important to us. We value creating a bond with our clients during their journey where we work on their cases providing accessibility, transparency, and efficiency.    Also check for attorney awards and distinctions. Ralph has been selected as a Super Lawyer  by Thomson Reuter in 2023, 2024 and 2025, and his associate Rainie is a Rising Star of Super Lawyers for the same period. Super Lawyers has a selective process that formally recognizes lawyers by factoring in peer evaluations and 12 indicators of professional achievement and is a distinction only 5% of lawyers have received.   Conclusion Selecting your surrogacy lawyer is a significant decision and shouldn’t be primarily a cost decision. We recommend you look at whether they are a certified specialist in the field, have the right background and experience, and have positive feedback and reviews from their clients. Contact TLG now  to explore these considerations further and discover how we can be a trusted guide on your unique journey. In addition, intended parents can sign up with Seedcoach  for free for financial guidance for the rest of their surrogacy journey.