If you are considering contracting with a gestational surrogate to grow your family you probably have a lot of questions. We will try to answer one of the big questions: what should I be looking for in a surrogate? Choosing the Right Surrogate Takes More Than Willingness Choosing the right surrogate for you requires a lot of thinking and many steps. It is not as easy as finding a woman who is able to reproduce and willing to carry your baby. There are a lot of other factors to consider. The right surrogacy agency will screen your potential surrogate to make sure she has all the ideal requirements. If you do it yourself, here are some basic considerations. Rapport and Communication One would be to have a good rapport as you will want to communicate regularly. Characteristics that should not matter are race, physical appearance and height. None of these physical attributes will affect the gestational carrier’s ability to carry your child. Reproductive History and Relationship With Her Child Another thing that is very important to ask a potential surrogate about is her reproductive history. Has she been pregnant before? Is she currently raising that child? The answer to both of these should be yes. A gestational surrogate should have experience with pregnancy so that she is comfortable being pregnant again. She should also express that she enjoys the feeling of being pregnant and has not had any previous pregnancy complications. Asking her if she is currently raising her birth child is important for many Intended Parents, so they can find out if she has a strong relationship with her birth child and is not using surrogacy as a way to bond with another child. Age The second thing that plays a big role in a potential surrogate’s eligibility is age. As many of us know, age is an important factor when talking about our fertility. There are specific ages that science suggests are the best ages to get pregnant. These ages usually fall somewhere in our 20s and 30s. While fertility declines in the thirties, for surrogates, factors such as embryo quality may matter more. For this reason, most Intended Parents seek to find a gestational surrogate that is under the age of 40. Physical Health, BMI, and Screening Other general things to look for are women who are physically healthy, and preferably with a BMI under 30. An obese gestational surrogate will have lower fertility and it may be dangerous to undergo the procedure. She will go through a physical health screening performed by a licensed physician. Financial Stability and Public Benefits Intended Parents should also ask questions about her current financial situation. It is recommended that a gestational surrogate has a steady income and is not on public assistance. A surrogate on public assistance will likely be ineligible after receiving the compensation for surrogacy, and if she continues to use public benefits, it may constitute fraud. Criminal Record and Mental Health Screening A gestational surrogate preferably shouldn’t have a criminal record. As part of the process, she will go through a mental health screening performed by a licensed psychologist. A potential surrogate will need to receive clearance from a licensed psychologist, saying that she is capable of taking part in the surrogacy process. Please note that this article is for informational purposes only, not legal advice, and not intended to create an attorney-client relationship.

Interested in being an Egg Donor? Curious about what being an Egg Donor entails? If you answered yes to any of those two questions then continue reading below! What is the egg donation process like? Becoming an egg donor is a big decision that will leave an impact on both the egg donor and the intended parents. Egg donors have different reasons for making their decision; for some it’s about making a difference in someone else’s life, while for others the financial compensation might be the most appealing part. Whatever the reason, egg donation is a beautiful way to help others form a family. Asian egg donors are particularly sought after due to a large number of international Asian intended parents hoping to raise a child of the same racial background. The Application Process The egg donation process involves many steps and can last several months or even years from the initial application. The first step in the process is to apply to be an egg donor. Potential egg donors should reach out to fertility clinics and/or egg donation agencies to ask about their application process. A majority of facilities will have online applications available for those who are interested in becoming egg donors. The donor applications typically ask the potential donor to provide information such as her age, BMI, and details about her overall health. The ideal egg donor will be between the ages of 19 and 29, have a healthy body mass index (BMI), and have no serious health problems. Following the application, selected applicants will have a more detailed assessment done by an assigned case worker or nurse, depending on the type of facility they applied to. It is during this assessment that donors are asked about any drug or alcohol abuse, reproductive history, and any criminal history. This information is used to determine egg donor eligibility. If an applicant is eligible, the facility will start to create her egg donor profile that will be viewed by potential intended parent matches. The donor’s profile will include information such as her eye color, hair color, height, educational background, and other characteristics meant to help prospective parents learn more about her. The Legal Process Once the clinic or agency has a match with intended parents to the egg donor, a legal contract will be drawn up between the two parties. This legal contract will ensure that the intended parents have full ownership of the eggs and custody of any children that born from the eggs, and the egg donor has no responsibility, custody or visitation of the children or control over the eggs retrieved during the process. In many cases, the actual identity of the egg donor remains anonymous, as does the intended parents’ identity. However, the contracts often allow the egg donor to be notified if a child is born from the eggs, and may allow the agency to contact the egg donor if medical information is needed from the egg donor or if there is a hereditary disease that the egg donor may be in a position to assist treatment. Medical Procedure Prior to proceeding, a psychologist or social worker will psychologically screen the donor and a medical clinic will make sure that the donor is tested for infectious diseases, and prepare the donor for the egg retrieval. The egg donor will need to use self-injectable hormonal medicine to help her ovaries create plenty of eggs for optimal chances of healthy egg retrieval. When the doctor believes the donor’s eggs are ready to be retrieved, he or she will surgically remove the eggs from her ovaries. The surgery involves a conscious sedative and typically only lasts a few minutes but the donor will need to rest and recover for a couple of hours. The eggs will typically be frozen and stored at the intended parents’ expense for later use. Compensation In the past, the American Society of Reproductive Medicine guidelines recommended egg donors be compensated no more than $10,000 per egg retrieval cycle. This guidance has been retracted. Repeat or highly educated donors often command more than $10,000. The egg donor will usually receive some medical insurance to cover the egg donation process. Compensation may be paid at the end of the egg retrieval, or sometimes in multiple parts. The egg donor may also receive travel expenses, lost wages, and dropped cycle fees. Can someone donate eggs if they are not authorized to work in the US? The answer is unclear. Income from an egg donor contract has been found as taxable, and if you do not have work authorization, you may be violating the terms of your visa. You should talk with an immigration attorney or a tax specialist. The information provided is intended to give a general idea of what the egg donation process is like. A woman’s experience will vary depending on and the facility she chooses to work with and her personal circumstances. A woman considering donating her eggs should read about the risks and side effects of egg donation, or consult with her doctor. What about private egg donation? Sometimes a friend or a family member will help someone experiencing infertility with an egg donation. This is sometimes called an altruistic egg donation. No egg donor agency needs to be involved in an altruistic egg donation, however, a legal contract between the parties is required. Tsong Law Group handles the drafting of egg donor contracts and representation of intended parents and of egg donors. Interested? If you or someone you know needs a recommendation to an egg donor agency, you can contact Tsong Law Group for a free referral. Simply fill out the form on our contact page! This article is for informational purposes only. It is not intended to be legal or medical advice and does not create an attorney-client relationship.

One of the states that is a subject of a minor debate in the surrogacy world is the state of surrogacy law in Arizona. At first blush, Arizona looks very unfriendly to surrogacy. In practice, with the right attorneys who are experienced with surrogacy in Arizona, it is a different story. Arizona still has a statute on the books that says: A. No person may enter into, induce, arrange, procure or otherwise assist in the formation of a surrogate parentage contract. B. A surrogate is the legal mother of a child born as a result of a surrogate parentage contract and is entitled to custody of that child. This particular statute was found to be unconstitutional by the Arizona Supreme Court in Soos v. Superior Court on equal protection grounds. The Court noted that while a man could challenge the parentage of the surrogate’s husband, a woman could not challenge the parentage of the surrogate. As a result, Arizona is a state with a law banning surrogacy on the books which is not enforced. While that might seem daunting, surrogacy matches frequently occur in Arizona, and it is one of the many states that Tsong Law Group practices in. It can be a popular state for intended parents due to its large metropolitan areas and proximity to California. Ideally, a surrogacy contract drafted involving an Arizona surrogate or intended parents will involve the choice of law of another state which has a friendly surrogacy statute such as California, Washington, or Illinois. The Arizona Vital Records office will recognize out-of-state judgments under Full Faith and Credit Clause, and most hospitals accepting prebirth orders from other states such as California. Alternately, the parties can file parentage actions in Arizona in which all parties agree to the parentage of the intended parents prior to birth similar to prebirth orders. With the right attorney guidance familiar with Arizona courts, hospitals, and vital records, Arizona becomes a viable option for intended parents and surrogates. As an Arizona licensed attorney, the Tsong Law Group can assist your surrogacy journey in Arizona, and advise whether another state’s law can be used for drafting the contract. If you need legal assistance in your surrogacy contract, contact us now. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

Becoming a surrogate is a remarkably selfless commitment. There’s no doubt that a surrogate’s compensation is one of the most crucial factors to consider in the contract stage. Aside from compensation, there are additional expenses that need to be paid for the surrogate, and one of the most important is reimbursement for lost wages. It is important to have a clear and concise agreement in place between all parties involved. Why are Surrogates Paid Lost Wages? Typically, working surrogates will be paid for lost wages by the intended parents for extended time off work due to their pregnancy. Unlike other benefits, the lost wages could vary from little to none, to unexpectedly high. This is because in gestational surrogacy arrangements, the surrogate is not supposed to pay money out of her pocket for the journey. The lost wages provisions are meant to make the surrogate whole if she misses work, and there is no way to predict in advance how much work a surrogate will miss due to pregnancy or after delivery. The lost wages provision typically covers periods of time where the surrogate is restricted to bedrest or has work restrictions that limit her activities because she is unable to work due to pregnancy and delivery. To claim, lost wages, a contract will usually require the following: 1. A doctor’s note that specifies the start and expected end date and nature of the work restrictions or bedrest. 2. Proof of employment at the time of the claim. 3. Multiple paystubs to demonstrate current rate of pay. What Are the Limitations On A Surrogate’s Lost Wages? During the pregnancy and before delivery, the parties usually do not have a cap on lost wages , and rarely will a surrogate agree to limit lost wages to a certain dollar amount. After delivery, it is standard for contracts to have a cap on the number of weeks of lost wages. In most cases, the limit for lost wages is 4-6 weeks post-delivery for a vaginal delivery and 6-8 weeks for a c-section. This number of weeks mirrors the time frame under the Family Medical Leave Act (FMLA). Some surrogates also negotiate to have lost wages for their medical appointments, while others have a monthly allowance that covers these lost wages. Meanwhile, for self-employed surrogates, lost wages are sometimes not included unless they can prove their earnings rate during the contract negotiation. Lost wages can either be gross or net wages. Sometimes the wages are limited to net wages (the gross wages after state and federal taxes , unemployment , and disability withholdings) as opposed to the gross wages, as this might be the amount the surrogate would have taken home had she worked. Others argue that gross wages are more appropriate since the surrogate may still be responsible for taxes on lost wages. In states where there is disability insurance coverage, the surrogate should be required to apply for disability insurance. What the disability insurance pays the surrogate directly will reduce her actual lost wages by as much as 60-65%. We have other blog articles about how surrogates can apply for disability insurance in California, Washington, and New York. If lost wages are expected to be large and there is sufficient time, consider applying for a short-term disability policy well in advance of the journey. A short-term disability policy may require being in effect 10 months or more before pregnancy is covered. Conclusion If you need help with a gestational surrogacy agreement, including understanding lost wages provisions, be sure to work with a surrogacy attorney who has experience with surrogacy laws and understanding lost wages in your state. The attorneys of Tsong Law Group are licensed in CA, NY, IL, WA, AZ, NY, OK. If you need assistance in one of these states, contact us today. 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.

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.

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.

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, Illinois 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.