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  • Movie Review: The Sinister Surrogate

    The Sinister Surrogate is a 2018 drama and thriller film that stars Brian Ames and Kelly Thiebaud. The movie features a perfect couple Danielle and Josh having everything in their lives: a beautiful house and successful lives. Despite this, there is one thing that the couple feels like missing: a child. They had multiple attempts to start a family, however, it all ended up in failure, giving them the chance to go for surrogacy route. While on their surrogacy journey, they meet Kailee, their perfect candidate as a surrogate. She is cheerful and lively and her pregnancy goes along smoothly. All is well, until after she gives birth. Kailee the surrogate kept on coming to Danielle and Josh’s family surprisingly offering them different gifts. Although this is supposed to be normal, Danielle can't help but feel there's something dark lurking behind Kailee the surrogate. This left the couple unsettled thinking that perhaps she felt attached to their daughter. As the story progress, it is revealed Kailee’s plan is to take Danielle and Josh’s daughter and claim her as her own. Real-World Accuracy In the first act, the movie examines how couples choose surrogacy as an option after unsuccessful fertility treatments. When Kailee was picked as the ideal surrogate candidate for the Danielle and Josh, the latter are very supportive and engaged throughout the pregnancy. In reality, intended parents are allowed to attend pregnancy appointments (though not birthing classes), and the delivery of their surrogate. One major issue portrayed in the movie is the contact by Kailee post-pregnancy. In reality, while many parties can continue to have contact after the delivery, others choose to have no contact with their surrogate post-pregnancy. There is no indication in this movie that the parties addressed contact after delivery in their gestational surrogacy contract. If Danielle and Josh were clients of Tsong Law Group, they would have had a section in the surrogacy contract on permissible contact. This section would allow either party to cease contact in writing, and hold the other in breach. It should also be noted that there is no legal uncertainty about who is the parent. Kailee should have signed paperwork that relinquishes and waives all her claims to claim parental rights and stipulated to a judgment that Danielle and Josh are the parents. One thing that is also disappointing in the movie was the ability of the agency to put a stop to Kailee’s plan but failed to do so. Kailee’s interference would have been prevented only if the agency had properly screened Kailee in the first instance. It is apparent that Kailee 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. I am unaware of any U.S. agencies that allow surrogates who have not given birth. Even had she were qualified, Kailee would have undergone a psychological screening to assess whether she had any mental illnesses or understood her role as a surrogate or would be attached to a child. Further, she should have had her own separate attorney to review the surrogacy contract, ensuring she understood her role as the surrogate, understood permissible contact, and understood she had a right to receive psychological support during the journey. Assistance from the agency during the journey would also be warranted. Agencies often provide support group meetings as well as psychological assistance. If Kailee was surrounded by surrogates who understood their role, and had to discuss how she felt, she might have appropriate feelings for the child she was carrying, or perhaps red flags would be raised to show she needed more psychological assistance. Conclusion: If you’re into thrillers or dramas, The Sinister Surrogacy is a movie still a miss. Perhaps not surprising, the movie is another by-the-numbers that calls on the trope of the obsessive surrogate who wants the baby, though the actors playing Danielle and Josh do a good job. Although the movie depicts a bit of what happens in reality in the first scenes of the movie, it veers into camp with the all-too familiar storyline of the obsessed surrogate. We don’t think that The Sinister Surrogacy is realistic and the concept of the surrogate wanting to claim the baby is extremely overblown in movies. However, whether you are an intended parent or a surrogate, you should always have competent, experienced counsel for your journey, who can answer all your questions. Contact us today.

  • “Our Father” Movie Review: An Unsettling Story of Fertility Fraud

    "Our Father” is a Netflix original documentary film directed by Lucie Jourdan. It follows the story of the former fertility specialist Dr. Donald Cline who deceptively inseminated dozens of patients with his own sperm between 1979 and 1986. This documentary film raises the question about how the legal system views those seeking control over their own reproductive choices and restitution when that autonomy is violated. Synopsis of the film Our Father intercuts interviews with the siblings and Dr. Cline’s victims with re-enacted footage of some of their experiences. Although Dr. Cline was never interviewed, his courtroom testimony is recreated (or is shown). Dr. Cline’s acts began being discovered when Jacoba Ballard, one of the victims of Dr. Cline’s deceptive sperm donations, recalled how at an early age she thought she was adopted, as she had her blonde hair and bright blue eyes compared to her family’s dark-hair and dark-features. She learned at an early age she was conceived via a sperm donor, who was supposedly a resident-in-training who had donated only a few times. Once at home DNA testing became available, she set out to find her half-siblings. From there, her life changed after she learned that she had seven half-siblings. Jacoba later on reached out to her newfound family members. Researching the mystery of their shared relation, Jacoba and her siblings soon discovered with horror what their parents’ trusted doctor had done. The number of their confirmed siblings continued to grow to at least 94 as more people added their DNA to the database. While Dr. Cline never reveals his motivations, the documentary film suggests Dr. Cline may have been motivated by his interest in an extreme Christian sect called “Quiverfull,” where it encourages followers to reproduce as prolifically as possible to meet God’s mandate to “be fruitful and multiply” and Dr. Cline, in addition to engaging with patients and staff in prayer before treatments, had an affinity for the verse Jeremiah 1:5 (“Before I formed you in your mother’s womb I knew you”). What happened to Dr. Cline In 2017, a criminal investigation was launched when four of the "children" filed a complaint against Dr. Cline to Indiana's Attorney General. However, during that time, there is no law or legal structure in place which criminalizes the act of a doctor inseminating a patient with his own sperm. Therefore, he could not be criminally charged for his deceptive insemination. Cline was instead brought to trial facing two counts of felony obstruction of justice, for lying during the investigation. Despite pleading guilty to two felony counts of obstruction of justice, he received no jail time and only a one-year suspended sentence and a $500 fine. He also lost his medical license, but he had retired nearly a decade. Little is known about his whereabouts now, but he remains a free man. Legal Fallout Following the case of Dr. Cline, in 2019, Indianapolis enacted Senate Enrolled Act 174 which protects individuals and couples against fertility fraud and deception. The law makes it a level 6 felony if someone makes a misrepresentation involving a medical procedure, medical device or drug and human reproductive material. The law also creates a civil cause of action for fertility fraud, making it possible for victims to get reimbursed for the costs of the fertility treatment plus up to $10,000 in damages. The law will also affect health care providers who use their reproductive material without the donor’s consent, or if the doctor uses the sperm or eggs in a manner the donor didn’t sign off on. Recently, some victims/children of fertility fraud also spoke to AAAA surrogacy attorneys at the AAAA conference in May 2023 including Jacoba Ballard who was featured in “Our Father. Dr. Cline’s case is not unique. In 2020, a Texas doctor was under investigation for allegedly impregnating multiple fertility clinic patients using his own sperm instead of the donor sperm they chose. Dr. Kim McMorries of Nacogdoches, Texas had fathered at least seven children of his clinic patients, with an eighth child from sperm he donated while he was medical student. In his defense, Dr. McMorries stated that when this occurred, it was not considered wrong. However, the medical board sought to impose remedies including revocation of his medical license. To prevent this, the doctor filed a suit enjoining the medical board, citing a seven-year statute of limitations while also claiming that the board was being pressured by news coverage. Today, he is still actively practicing medicine. This also prompted the state to pass a law criminalizing doctor using their own sperm to inseminate patients without their consent as sexual assault. Our Take/Conclusion “Our Father” is chilling, cautionary tale which highlights the lack of legal recourse afforded to the children and parents who were victims of fertility fraud. This sort of donor fraud shakes families at the core because it violates the trust patients have in their doctor and the identity of their children. If you are interested in a different kind of documentary, Our Father is worth a watch. The documentary film premiered on May 11, 2022, and has been watched for 42.6 million hours by viewers. “Our Father” also shows us that the rapid development and ubiquity of DNA testing is changing the future of anonymous gamete donations and reminds us the importance to have written contracts in place, and a lawyer experienced and knowledgeable in fertility law to review or draft your egg or sperm donation contracts. Please contact Tsong Law Group for more information.

  • Movie Review: Good Egg (2023)

    In the 2023 movie "Good Egg," directed by Nicole Gomez Fisher, viewers are drawn into the world of Jessica Nieves-Sanders, portrayed by Yara Martinez. Jessica, a beloved high school drama teacher in New York City. As Jessica approaches her fortieth birthday, she and her husband Gordon, played by Joel Johnstone, face financial and emotional strain due to their struggles with infertility.  After three failed rounds of IVF,  Jessica is presented with the option of egg donation  by her doctor, which she initially rejects. In her discussions with her husband, Jessica is opposed to having a donor as the genetic mother. She worries that she will not meet her donor due to anonymity requirements and that the donor is just a piece of paper to her.  Their journey takes an unexpected turn when Jessica intervenes two men harassing a young woman, Bridget Garcia, portrayed by Andrea Londo. Bridget, in need of quick money , overhears Jessica and her husband discussing a donor and tells Jessica that she can be her donor. She describes it as an opportunity to "pay it forward" and offers a lower cost than having an anonymous donor from a clinic.  Jessica agrees to meet Bridget to discuss it further but their meeting goes wrong as they both end up kidnapped by the two men who were harassing Bridget in the alleyway.  As Jessica tries to escape, her husband Gordon embarks on a mission to rescue her using his IT tracking skills and his fondness for magic tricks.  When they finally reunite, they face new challenges as both have to escape their captors with their lives.   ART Realism   The beginning of "Good Egg" is fairly realistic in depicting reproductive failure and loss, and how the grief can be experienced differently by a couple. The discussion between the doctor, Jessica, and Gordon about egg donation is exaggerated but has some realistic aspects. Jessica and Gordon, like many couples, disagree on how they view egg donation. Jessica’s concerns are reflective of women who worry about aspects of egg donation, including feeling like she is being replaced.     However, when Jessica stated to her husband Gordon that she does not want a “stranger” to be the genetic mother, she is making an inaccurate assumption. The decision-making process for egg donation varies between cases as some are anonymous while others are disclosed. Many egg donation agencies facilitate communication between donors and recipients during the match. Jessica feared that she would be deceived by the egg donor for “who they truly are,” but agencies thoroughly screen donors for psychological and physical health. Also, Jessica’s assumption that the genetic mother would be a stranger is false because there can be known donors like a family member.  Jessica and Bridget’s meeting to discuss egg donation was not an accurate depiction of the process. She requests for the money upfront after writing how much she wanted on the napkin. It would be foolish for Jessica to accept because donors are not fully compensated before any medical clearance or procedures take place. It is crucial to note that egg donation is not a quick process where the intended parents can hand over money at the first meeting. It involves several steps, including medical and psychological evaluations, legal representation for contracts, genetic screenings, and medication protocols, which typically span months before the retrieval procedure takes place. This comprehensive process ensures the safety and well-being of both the donor and the recipient, as well as compliance with legal and ethical standards regarding  compensation  and donation.  It would also be advisable for Jessica to consider all her options before meeting with Bridget, though she had no reason to expect a kidnapping to occur. If money and knowing the donor were the biggest issues to her, her younger sister would have been an obvious consideration as a donor. Jessica ended up meeting Bridget without exploring the egg donation process, where she would learn there are many agencies with donors that she could have contact with during and afterwards. Fertility clinics provide comprehensive support and guidance to assist patients in making well-informed decisions based on their unique circumstances and preferences. Is there any depiction of the legal process of egg donation?  There's none. After the meeting with Bridget, Jessica is kidnapped and the movie turns from a comedy-drama into an action-comedy. So no lawyers  are involved as the egg donation process does not get further than the match meeting.      Is it worth the watch?  In the first act, "Good Egg" skillfully addresses sensitive topics like fertility struggles and alternative methods of conception with both humor and sensitivity. The second act, the movie takes a broad turn and focuses on the efforts of Jessica to escape and Gordon to find her. The third act, when they are both trying to escape, gets a bit unrealistic and cheesy. If you were like me, you may find the conclusion puzzling because it never reveals how Gordon and Jessica completed their family building. This might disappoint some, but thanks to a good effort by the main characters, it is a watchable popcorn movie  In summary, "Good Egg" gets three-star rating for its frenetic storyline, impressive performances, and its alternate take on egg donation. It’s worth a stream and as of this writing it’s currently free on Amazon Prime Video.     If you or someone you know is considering egg donation as a way to start a family, our legal team is available to provide guidance and support. Reach out to us today for assistance.

  • How many babies through surrogacy have the Kardashians had?

    The Kardashians are more than just a family; they're a cultural phenomenon, loved by many and criticized by others. Led by Kris Jenner, the family includes her daughters: Kim, Kourtney, Khloe, Kendall, and Kylie. From their reality TV show "Keeping Up with the Kardashians" to their success in fashion and business ventures, they've captured the world's attention. Yet, what truly sets them apart is their willingness to share personal experiences, including their journey through surrogacy, which has resonated deeply with millions of fans worldwide.  Gestational surrogacy , a practice where a woman carries and gives birth to a child that is genetically unrelated to her for another individual or couple, is becoming more well-known, especially among high-profile figures like the Kardashians. For celebrities facing fertility challenges, surrogacy offers a viable solution for family planning. It also provides privacy and control over the pregnancy and birth process, shielding them from invasive media attention while allowing them to expand their families. While not the first celebrities to use surrogacy for family building, the Kardashians are some of the first major celebrities to talk about their surrogacy experiences without shame. Through their openness, the Kardashians have humanized the surrogacy experience and sparked important conversations about infertility, pregnancy complications, and alternative paths to parenthood.   Disclaimer: It's important to note that the information provided in this article is for informational purposes only. We do not claim any affiliation with the Kardashians or their surrogacy journeys. The details presented here are based on publicly available information and should not be construed as legal advice or endorsement. Kim Kardashian faced health complications including placenta accreta during her pregnancies with North and Saint. She bravely chose surrogacy as a safer alternative to expand her family. Openly sharing her journey on "Keeping Up with the Kardashians" and social media, she welcomed her children Chicago and Psalm via surrogacy in 2017 and 2019, respectively. By transparently discussing her experiences, Kim advocates for surrogacy through conversations about reproductive autonomy and exploring family building options.    Kourtney Kardashian, the eldest of the Kardashian siblings, has openly expressed her desire to expand her family and explore alternative paths to parenthood. While she has not yet pursued surrogacy, Kourtney has been vocal about considering it as a viable option for future pregnancies. Recently, reports  have emerged that Kourtney Kardashian and her husband, Travis Barker, are contemplating surrogacy for their second child together. The couple may welcome a newborn next year following the recent arrival of their son, Rocky Thirteen Barker. According to insiders, the reality stars are considering surrogacy after Kourtney's 'difficult' pregnancy, which resulted in a terrifying health scare.    Khloe Kardashian openly shared her fertility struggles with the world. Despite years of trying to conceive naturally and undergoing various treatments, Khloe and her then-partner, Tristan Thompson, faced heartbreaking setbacks due to issues like polycystic ovary syndrome (PCOS) and endometriosis. These challenges led them to consider surrogacy. In 2018, Khloe welcomed her son, Tatum, through surrogacy, marking a new chapter in her life.   Kylie Jenner, the youngest member of the Kardashian-Jenner family, has two children, Stormi and Wolf. Both pregnancies were carried to term without using a surrogate.    Kendall Jenner has not yet started a family or pursued surrogacy.   The surrogacy journeys of the Kardashians reflect their resilience in the face of challenges. By being transparent about surrogacy, it has reshaped societal perceptions around alternative paths to parenthood.   As you embark on your journey, whether it involves surrogacy or another avenue to parenthood, remember that support is available. If you seek legal representation in your surrogacy journey, our team is here to assist you. Contact us now.

  • What is in an embryo donation agreement?

    Embryo donation, sometimes called embryo adoption, is a process where individuals or couples who have undergone in vitro fertilization (IVF) and possess surplus frozen embryos choose to donate their embryos to others. In some cases, a partner may wish to donate his or her joint interest in embryos they created with their other partner, so the other partner has the sole parenting rights and determines the disposition of the embryos. Embryo donation follows certain rules laid out in a legal document called an "embryo donation agreement." This agreement outlines the rights and responsibilities of both the people donating embryos and those receiving them. It serves as a guide, clearly defining the terms and conditions for the transfer of frozen embryos, ensuring that the parties’ parental relationship to the embryos and their intentions moving forward is clear. Here are some important points covered in the embryo donation agreement: The Parties’ identities: The agreement includes the names of both parties, the donor(s) and the recipient(s), unless they opt for anonymous donation. An anonymous donation will omit names to respect privacy preferences.   Costs:  While donors are not paid for the donation of embryos as the embryos are already created, the donors may have some costs that they request payment from recipients, such as their screening, attorney fees, and storage fees. The costs section will also make it clear the recipients are responsible for future medical expenses relating to the storage, shipment, and IVF cycle.   Disposition of Remaining Embryos : This part of the contract discusses what happens to any leftover embryos after the recipients have finished their family-building process. Unlike egg donation agreements, where the donors usually have no right to claim the gametes back, embryo donations offer options including donating them back to the donors, whether they may be donated for research, to others, or disposed of based on the donors' wishes.    Parentage and Legal Rights:  The embryo donation agreement establishes that once the agreement is signed, the recipients will be the legal owners of the embryos and legal parents of any resulting child born from the embryos. This transfer of parental rights from the donors to the recipients is irrevocable, meaning that the donors shall not make any claim to the child and the recipients shall not assert that the donors have any responsibility.    Medical and Psychological Screening:  The agreement may include provisions for screening the health and psychological well-being of both donors and recipients. This helps assess their suitability for the embryo donation process and ensure the parties understand the possible psychological risks.   Future Contact and Information Sharing:  Most embryo agreements discuss the possibility of future contact between donors, recipients, and any resulting child and genetic siblings. This section will outline the extent to which information of the parties may be shared by others, and the expectations for ongoing communication. Some donations opt to remain anonymous but have the choice for future communication through a donor portal.   In conclusion, these are the key components of the embryo donation agreement to ensure a smooth and ethically sound embryo donation process. A well-drafted contract will provide transparency and expectations for all parties before starting the process. With the help of separate legal representation, the embryo agreement can be enforceable, protecting the interests of everyone involved.   If you're planning to engage in an embryo donation or need assistance in an embryo donation in California, New York, Illinois, Washington, Arizona, or Oklahoma, the attorneys at Tsong Law Group are licensed to practice in these states. We can assist with reviewing or drafting your embryo donation agreement, explaining relevant laws, and offering legal advice. For more information, contact us now.

  • Book Review: The Surrogacy Blueprint by Diana Olmeda

    Diana Olmeda’s  The Surrogacy Blueprint  is a roadmap for those exploring surrogacy or considering becoming a surrogate. This guide goes in depth through the stages and complexities of surrogacy, legal intricacies, and personal considerations, making it an indispensable resource.   Olmeda begins her guide through pivotal historical moments that make modern surrogacy possible. She highlights the first compensated surrogacy agreement was executed in 1980. The high-profile 1986 Baby "M" case provides historical context for the necessity for clear regulations in surrogacy. This case involved a couple going through traditional surrogacy where the surrogate used her own egg. After the surrogate wanted to take the baby as her own, the parties entered into a long legal battle. The intended parents aimed to gain parental rights over the child. Olmeda uses this case to guide the chapter to why so many opt for a surrogate process that does not use the surrogate's own egg and the need for clear outline of expectations.   The book includes Olmeda’s personal experiences as she opened her own surrogacy agency and has been a surrogate twice. It explores the qualities that make a great surrogate and emphasizes the vital role of medical testing to ensure surrogates will carry out a healthy pregnancy. She discusses what intended parents should consider when choosing a surrogate so that a match is compatible and does not fall through.   The helpfulness of this guide lies in her recognition that every surrogacy journey is unique. Olmeda acknowledges that intended parents can forge their own route or utilize an agency. This guide is great in acknowledging the individuality of each surrogacy journey, empowering readers to tailor their path to match their unique circumstances and preferences. This perspective elevates the book from a mere guide to a versatile compass for those embarking on the intricate and personal adventure of surrogacy.   Beyond explaining the roles of a surrogate and intended parents, I found it insightful that Olmeda touched on how health insurance policies shifted their views on surrogacy. She states that years prior, health insurance companies would treat surrogacy like a regular pregnancy and cover medical expenses and delivery costs. However, these companies faced high costs from covering preterm deliveries with twins and implemented surrogacy exclusion languages in the Explanation of Benefits. It is important for surrogates and intended parents to analyze the policies of a surrogate's medical insurance because there might be an "insurance lien." Insurance liens allow these companies to recoup the money they paid out on behalf of the surogate. Olmeda criticizes this new policy that some companies have implemented in 2016 as intended parents already pay high costs in other areas of the surrogacy journey.  Olmeda stresses the importance of well-crafted, attorney-reviewed agreements to prevent potential issues. The organized content ensures that the reader is guided through each aspect with clarity. Overall, we recommend The Surrogacy Blueprint as a helpful resource for all parties involved in a surrogacy journey.   For more information about the legal aspects of surrogacy, contact us now.

  • How Illinois Paid Leave for All Workers Act Works

    In last week’s blog, we reviewed California's employment laws effective 2024 that affected families including surrogates and those using assisted reproduction. This week’s article addresses employment law changes in Illinois that indirectly affects surrogacy.  Governor JB Pritzker of Illinois signed Senate Bill 208 Paid Leave for All Workers Act making  one of fourteen US states that require paid time off , guaranteeing 40 hours of paid sick leave for workers. Effective January 1, 2024, the law will provide employees will earn one hour of leave for every 40 hours worked. This new bill grants employees who have children to be able to take time for medical appointments, childcare, and other important family matters.  Prior law did not provide paid leave to care for sick family members. Many working families are unable to take unpaid days off because of the financial burden it might cause.   Governor Pritzker reasons that this will help employees become more productive as they have more time to deal with stressors outside of work, family issues, and alleviate any burdens of working families. During leave, employees will receive their full wages, and tipped workers will be compensated at the minimum wage applicable in their respective locale.   This legislation also marks a significant advancement for surrogacy and individuals utilizing assisted reproduction, as it grants family members, including spouses and partners, the opportunity to take paid leave for the comprehensive care and support of the surrogate. This encompasses accompanying the surrogate to medical appointments, offering emotional support, and assisting in prenatal check-ups, all without the financial sacrifice of income.  The senate bill is inclusive of all employees within the jurisdiction of Illinois, including state and local government as well as government agencies. House Speaker Emanuel Welch states that the ability to have time off to care for a sick child or tend to one’s mental health should not be a luxury, but a basic right. This new law will recognize the added stress on working mothers and hopefully move to more healthy and compassionate workplaces. Notably, State Representative Camille Y. Lilly believes that paid leave is a necessary step to creating a state that is compassionate to the needs of working families.  Conclusion   Senate Bill 208 ensures that workers can take time off when needed without sacrificing income, fostering a healthier work-life balance. While the amount of paid leave is small compared to paid disability leave in states such as California, New York  and Washington , it is paid for by the employer rather than the state.   This new bill provides a modicum of support to employees including those involved in surrogacy or utilizing assisted reproduction, enabling them to take time off for essential family matters such as medical appointments and childcare.   If you require assistance with surrogacy legal matters, feel free to contact us  for expert guidance and support.

  • Surrogacy Novel Review: White Lilies (The Mitchell Sisters, #2) by Samantha Christy

    White Lilies is a harlequin romance surrogacy novel that unfolds a compelling narrative exploring the profound impact of surrogacy and the enduring strength of friendship amid life’s challenges. Skylar Mitchell, the main character, yearns for a meaningful change in her life. One thing she has always been certain of is that she never wants to have children of her own. She even jokes about being a surrogate, a selfless move that seems like an out-of-character life decision. In a fortuitous encounter, Skylar connects with Griffin and Erin Pearce, a couple who seem to have it all — a perfect life and a perfect home but sadly cannot have children through traditional means. As Skylar offers to become their surrogate, she finds herself falling in love with Griffin while becoming best friends with Erin. Unconditional love, heart-wrenching loss, and unwavering friendship form the bedrock of this story. Skylar’s choices will test the bonds that tie her to Erin and Griffin, ultimately leading them all on a journey of self-discovery and transformation. Legal and Scientific Realism   A  genetic (also known as traditional) surrogate  is when the surrogate uses her own egg and the father’s sperm, making the surrogate genetically related to the child.  The main character becomes a genetic surrogate, which is not legal in New York  if the surrogate is compensated. Skyler was compensated with expensive shopping trips and other financial gifts for being a surrogate, from the Intended Parents. While these may be considered gifts, this is legally problematic.   The parties entered into the arrangement without the usual psychological, medical or legal clearance steps. The Intended Parents chose Skylar to become their surrogate despite her never having children despite this being a best practice (also required in New York with gestational surrogacy), even more so with a genetic surrogate.    Skylar did not have a lawyer representing her to review the surrogacy agreement or at any time during the process. It’s unclear how the insemination took place, or what legal plan the intended parents had to establish parentage rights for the child, whether by adoption, passing off the child as theirs or through a proper parentage action.   It is doubtful that any surrogacy professionals were consulted so that more realistic elements could have made the story. It’s unfortunate, because adding some legal realism wouldn’t necessarily take away from the main storyline. Readers seeking a more realistic portrayal of surrogacy will find the novel’s deviation from legal correctness a notable drawback. Conclusion   Despite its engaging exploration of the daily interactions of a surrogate and her intended parents, this reader is left with mixed feelings, prompting a three out of five-star rating for entertainment but zero out of five stars for accuracy. The novel fell short in character development as it primarily showcased Skylar’s budding romantic feelings. A more comprehensive understanding of backgrounds, motivations, and relationships would have enriched the narrative, while a better understanding of the surrogacy process would have added authenticity.     Disclaimer: This book is a bodice ripper, meaning it is for adults only and offers a fantasy depiction of surrogacy which is for entertainment purposes only. The portrayal is imaginative if not outlandish, not reflective of most surrogacy journeys. The work aims to present a creative narrative but still manages to provide some insights into surrogacy from a surrogate’s perspective.   For more information on surrogacy, feel free to contact us now.

  • Navigating Donor Disclosure with Washington State's Open Identity Donation Law

    Effective January 1, 2019, Washington state became one of the first states to pass legislation granting donor conceived children potential gain access to information about their donors. Washington’s Open Identity Donation Law  recognizes the independence and privacy of donors, while balancing donor-conceived children’s right to access information about their genetic background and desire for identifying information.   Like California’s law on donor disclosure , the law provides the donor to declare their preference for anonymity at the time of the donation. A licensed gamete bank or fertility clinic must provide the donor with information about the choice on identity disclosure and obtain his or her declaration which shall be either witnessed or notarized. This declaration indicates either the donor's agreement to disclose their identity upon the child's request once reaching 18 years of age or the decision not to disclose their identity to the child. It must be noted that the donor who signed a declaration to disclose their identity may withdraw the declaration at any time. Should the donor not revoke their decision to be anonymous, the donor-conceived child may still obtain non-identifying medical details.   The Washington law grants donor-conceived children the right to request their donors' identifying information and medical history upon reaching the age of 18 from the donor’s fertility clinic or gamete bank. "Identifying information" includes a donor's full name, date of birth, and addresses (both permanent and current). "Medical history" includes information about the donor’s present and past illnesses, as well as social, genetic, and family history relevant to the donor's health which was disclosed to the clinic at the time of the donation.   A licensed gamete bank or fertility clinic is required to collect the donor's identifying information and medical history at the time of donation. Should a clinic or gamete bank fail to maintain the donor's choice of whether to disclose or remain anonymous, the clinic must disclose the information that it has collected to the donor-conceived child. If the clinic or bank receives gametes from another facility, they are required to gather and maintain information such as name, address, telephone number, and email address.   Conclusion Parties to gamete donation should consider the emotional and developmental implications of anonymity on donor conceived children. The Washington law does not necessarily change the outcome of parties who request anonymous donations. It does however, give the donor an option to change their mind regarding their decision to be anonymous to donor conceived offspring.   Your lawyer should explain the choices regarding open and closed gamete donation as well as any disclosure laws that a state may have. As lawyers licensed in Washington, we can offer you guidance with the complexities of gamete donation contracts.   For more information, contact us now .

  • Components of Egg Donation Compensation

    Egg donation is a fertility treatment option in which a woman, known as the egg donor, provides her eggs to help another individual or couple achieve pregnancy and fulfill their dream of having a child. During the process, egg donors often experience a range of physical and emotional demands. This highlights the importance of compensation as a factor to consider when embarking on this journey. Compensation is intended to reimburse the donor for her time, effort, and any inconvenience or discomfort associated with the donation process. Learning the components of egg donation compensation offers several advantages between the parties in terms of drafting the contract , decision-making, legal and ethical compliance, reduction of potential risks and misunderstandings, and managing expectations, among other benefits. In this article, we discuss the various components of egg donation compensation. It should be noted that the specifics may vary according to different state laws and regulations. Base Compensation. This component acknowledges and addresses the potential physical and emotional challenges that donors may face. Base compensation for the donation covers the donor’s pain, suffering and any inconveniences. Compensation After Injectable Medication . In some cases, the donor receives a portion of the base compensation when they begin the injectable medication. This rate is typically specified by the donor agency. A typical amount is around $700, but it may be higher if the compensation is above average. Travel Expenses. This component includes the cost of the flight, hotel, ground transportation, meal allowance, and, in some cases, companion expenses, which may also include flight and a meal allowance. It covers both the initial screening and the retrieval trip. However, in some cases, local donors may not receive these benefits other than mileage. Split. A 'split' refers to a share of the eggs if the number of retrieved eggs exceeds a certain threshold. In some cases, a donor may request a split instead of compensation, which involves receiving half of the eggs, for example. This component is considered rare. We’ve discussed what are attributes that Intended Parents seek in a donor. The more distinguished a donor is, or the rarer her attributes are, the higher her compensation may be. Compensation is also influenced by the number of donations a donor has made. A repeat donor usually can receive higher compensation as there will be a record of how many eggs were retrieved each procedure. If you are contemplating becoming an egg donor or a recipient and would like to navigate the complexities of compensation and legal aspects in the egg donation process, it is advisable to engage a lawyer specializing in reproductive law or assisted reproduction. Ensure that you select a reputable attorney with expertise in this field and licensed to practice in your jurisdiction. The attorneys at Tsong Law Group are licensed in California, New York, Illinois, Washington, Arizona, and Oklahoma and have been in practice for a number of years already. They also provide comprehensive legal support or contract drafting to ensure that the clients' egg donation journeys are well-managed, and their rights and interests are protected throughout the process. Contact us now for further information.

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