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

Previously, we reviewed four children’s books discussing surrogacy. Just as in surrogacy, children are interested in their origins. Having a conversation with donor-conceived children at an early age about their genetic origin can be beneficial in the long-term mindset. Children’s books on the subject of egg and sperm donation will provide age-appropriate ways to understand their origin. Here are our reviews of some children’s books on gamete donation: 1. The Bird Family: An Egg Donation Story By: Sofia Bird For ages: Babies – 5 years old Available on Kindle Unlimited and in print. A short story of introduction to egg donation using birds and is a good first story to normalize the concept of egg donation. It features a Mama and Papa Bird wanting to have another baby bird, however, on their second attempt, their egg breaks. Thankfully, Doctor Owl was there to help. The book is surprisingly short and an older child might wonder what happens next. 2. Fluffy, The Miracle Bunny: A Sweet Story About The Magic of Egg Donation By: Blossom Tailor For ages: 4-8 years old. Available on Kindle and in print. A children’s book detailed illustrations, Fluffy, the Miracle Bunny features a story of Fluffy, a bunny who was conceived with the help of egg donation. The story commences when Fluffy was curious about how he was conceived but through a detailed explanation of his loving bunny parents, Fluffy was able to accept his unique story and realize how special and loved he is. This book is fairly direct in explaining the egg donation and the pregnancy. 3. Toby’s Question By: Elaine Cronjé For ages: 2-7 years old. Available on Kindle Unlimited and in print. As children conceived through egg donation grow, they may notice differences in their features which may lead to curiosity about their origins. Toby’s Question is a simple children’s book that starts when Toby, a bear, asks why his hair is different from his Mommy and Daddy's hair. Rather than discuss eggs and sperm, this book uses the analogy of a basket of berries and basket of fish. This book is recommended if you want to impart to your children the concept of egg donation in a subtle and comfortable way. Unfortunately, the Kindle version of the book has a formatting issue so it cannot be viewed in landscape mode. 4. The Pea That Was Me: A Sperm Donation Story By: Kimberly Kluger-Bell, LMFT For ages: 5-6 years old. Available in print only. A simple and short story, The Pea That Was Me is available in multiple versions for almost any donor conception scenario (egg, sperm, embryo, surrogacy, different gender single parents, heterosexual or gay couples, etc.). It is a type of children’s book that explains donor conception in a fun and celebratory way. The basic The Pea That Was Me: A Sperm Donation Story book features a story of a little boy with a pea and leaf on his head and he is curious about how he was conceived. The story continues to explain that the Pea's mommy and daddy could not make a baby pea because daddy’s sperm was not working. This book is perfect for simple but clear concepts about the three things it takes to make a baby which are eggs, sperm and a tummy to grow in. It's great that the author chose to a book for nearly every situation so that any child can read about a family or situation that resembles their own. There are many amazing children's books about gamete donation available in the market, enough to introduce the topic multiple times at an early age so that your child will come to think it is a normal way of having a family. For guidance on assisted reproductive law contact us, Tsong Law Group.

For a long time, intended parents and surrogates have had to come up with ways to explain the surrogacy journey to their children. Surrogates will need to explain to their children that the baby they are carrying will not be part of their family but will join another family. Intended parents seek ways to explain to their children that they were born through surrogacy, or explain the role of their surrogate to their current children. While there is no hard and fast rule when it comes to discussing the surrogacy process to your child, some experts suggest to start it as early as possible. Fortunately, as surrogacy becomes more and more common, there are now more and more childrens’ books that address the subject. Reading to your child is a fun and age-appropriate way to explain and normalize surrogacy to your children, whether you are a surrogate or intended parent. In this article, we will discuss some children's books about surrogacy. 1. The Kangaroo Pouch: A Story About Surrogacy For Young Children By: Sarah A. Phillips (Author) and Laurie A. Faust (Illustrator) For ages: 2-6 years old Available on Kindle and in print. The Kangaroo Pouch is a great start for children to learn the concept of surrogacy as it uses kangaroos as an analogy. It underscores the reason why a mother uses surrogate and portrays the situations during the pregnancy. One of the most important concepts highlighted by the book is the question on whether the baby is given back to their biological parents after conceived. The Kangaroo Pouch is from the perspective of a child of a surrogate. Who is this book for: intended parents’ existing children, future children, and surrogates’ children. 2. Mommy, Who is Miss Amy? A Tale of Surrogacy By: J.D. Quarles (Author), Emily Ivie (Illustrator) For ages: 3 to 6 years old Available on Kindle Unlimited and in print. Mommy, Who Is Miss Amy? features a story of a young boy who is curious about his parents’ surrogate and learns how Miss Amy helped his parents’ dream of having him come to life. This will help the child understand the intended parents’ reasons for surrogacy and the step-by-step process of a surrogate’s pregnancy. Note that there is a companion book titled Mommy, Who is Miss Becky? drawn from the perspective of a girl for intended parents of girls. Who is this book for: intended parents’ children born from surrogacy. 3. Mommy is a Basket: Our Journey as a Surrogate By: Cj Love (Illustrator), Linda Rinderknecht (Editor), Kya Buchanan (Author) For ages: 3 to 6 years old Available on Kindle Unlimited and in print. Mommy is a Basket features a story of a girl whose mother is about to become a surrogate, and how she learns about different aspects of her pregnancy. This picture book explains in detail the process of surrogacy from the surrogate’s perspective. Note that this story imagines a continuing relationship with intended parents after the birth which does not occur in all journeys. The art is also a bit limited and reused throughout book. Who is this book for: gestational surrogates’ children. 4. The Very Kind Koala By: Kimberly Kluger-Bell (Author and Illustrator) For ages: 3 to 6 years old Available in print only. The Very Kind Koala features a simple yet delightful introduction to surrogacy for young children by featuring a koala husband and wife who need the help of a very kind koala to carry their baby in her pouch. With its heartfelt drawings, this book can keep children engaged and is easy to understand. The Very Kind Koala is written from the perspective of the child born from surrogacy. One nice aspect is it allows the child to personalize the book with their own text or pictures from their own family. Who is this book for: Intended parents’ children born from surrogacy. This is just a small sample of the amazing children’s books about surrogacy that can help your children understand the complex process. For guidance on the legal aspects of surrogacy, by contacting Tsong Law Group.

The Halloween countdown has begun, and this tradition cannot be completed without a good horror film marathon. There are many great scary movies out there, but this time around, we're reaching for something less familiar in the horror film genre. Released in 2022, the Australian paranormal horror film "Surrogate" stars KestieMorassi as Natalie, who plays a single mother and nurse. As a single parent, she heavily relies on her own mother, Anna, and her brother William to help raise their daughter, Rose. The movie begins with the family celebrating Rose's ninth birthday. After the celebration, the movie shows the routine between the two, where Natalie reassures her daughter that monsters are not real every time she's asked to check for them around her room. Working as a nurse, Natalie had an unfortunate encounter that intensified the movie. While going home from her night shift, she came across a woman who appeared to be disturbed and had consumed toxic liquids. Natalie tried to revive her, but she couldn't. Natalie immediately started vomiting, as if she were pregnant. The symptoms continued to develop, and she woke up one day with blood from her waist down, as though she had given birth. When she was brought to the hospital, the agent from the Department of Child and Family Services and her doctor told her that she was pregnant and had done something terrible to the baby, even threatening her with criminal charges. Natalie argued that she had not given birth to a child and that it was not even possible for her to get pregnant. This explanation did not sit well with the doctors and the representative from the department. The stress even grew as her daughter Rose was affected by all the supernatural elements. Now the movie is on the journey to answer how Natalie became pregnant and where the supernatural elements were coming from. How realistic is the portrayal of surrogacy including the legal aspects? Despite the title, the movie is not really about surrogacy any more than Rosemary’s Baby can be considered a surrogacy movie. There is no contract between intended parents and Natalie, or any sort of parental rights being established. There are no supernatural lawyers in the movie either. The title "Surrogate" merely reflects the central theme of the movie. Conclusion Although surrogacy may not be the subject matter, the movie still delivered an impact and overall portrayed a well-told story that is worth watching. The movie is well executed and scored. If you're a wimp when it comes to horror, it won't scare or gross you out. There might be a jump scare but otherwise it's atmospheric and dreadful. The story also succeeded in incorporating mystery and thriller elements. Overall, as an indie film, it stands out enough to be worth watching this Halloween. So, bust out the popcorn or some homemade Halloween snacks and get ready to watch this movie. "Surrogate" is currently available on Amazon Video, Tubi, and Google TV. If you are looking for a peer rated super lawyer for your surrogacy rather than a supernatural lawyer, look no further and contact us now.

One of the most important decisions intended parents and donors make in an egg donation is the level of openness and the degree of anonymity. Openness refers to future communication. Anonymity means whether the donation is identified or anonymous. This decision affects not only the egg donor and the intended parents, but also the future children resulting from a donation. Some research shows that it may be beneficial for the mental health of donor-conceived children to know more about their donors, and that concealing the donation may result in feelings of shame or mistrust when the donation is discovered. A recent survey also found donors and donor-conceived children prefer contact in the future. Furthermore, as technology increases with better facial recognition software and more prevalent DNA testing, anonymous donations are no longer guaranteed to be anonymous. Nonetheless, known donations can cause fear of uncertainty for intended parents and donor however, as parties may fear intrusive future contact, as popularized in fictional media. At Tsong Law Group, we discuss all options of openness and anonymity with our clients when we prepare an egg donation agreement and draft or review the agreement accordingly. In this article, we discuss the differences in the options you may choose as you move forward. It must be noted that the degree of openness or personal information shared ultimately depends on what both parties are willing to agree to. Anonymous or Closed Donor Arrangement An anonymous or closed donor arrangement is the traditional type of egg donation that was once the only option available to intended parents and compensated egg donors. In an anonymous or closed donation, the intended parents will choose an egg donor while knowing information such as education, age, blood type, and physical characteristics, and the egg donor will know nothing about the intended parents. When it comes to disclosure, both parties will be protected by confidentiality. Neither party will receive identifying nor contact information for each other, and the clinic, agency and attorneys will preserve the anonymity of the parties. The drawbacks for this type of arrangement include that future communication may be unavailable if the child has medical issues that have a genetic component where the donor might be able to assist or vice versa, if the child learns of the donation and wishes to contact the donor, if the donor has curiosity or a desire to know the child in the future, or if the intended parents discover inaccuracies in the donor profile. Note that recent laws in states such as California may allow the donor to communicate with a child that seeks them out when the child is 18. Semi-open Donor Arrangement Considering the drawbacks of an anonymous, closed donor arrangement, the semi-open donor arrangement mitigates some of these drawbacks while minimizing fear of intrusiveness by either party. In this type of donor arrangement, the arrangement remains anonymous. The parties will not receive full names, phone numbers, or other contact information of the other party. When it comes to future communication, there may be an intermediary for future contact such as the agency or attorneys, or a portal such as Donor Sibling Registry where both parties can register and communicate anonymously. Sometimes the parties may choose to exchange anonymous email addresses. Generally, these arrangements require the intended parents to notify the donor of a successful birth including date of birth, and successful pregnancy. The parties are not required to respond to any contact they receive from the other. Choosing this type of donor agreement allows intended parents to have potential future contact with the egg donor. This may also transition to open donation if the parties choose to identify themselves. The potential drawbacks to this arrangement are that there may be additional costs for joining a portal, or the agency or attorneys may not agree to the contact or may charge to facilitate it, and there is no guarantee there will be any response or that the message will even be checked by the other party. Open Donor Arrangement The third type of arrangement, the open donation, is less common in compensated egg donation but is becoming more common and acceptable. In fact, Colorado has passed legislation requiring donations to be open in the future. In this type of arrangement, the parties will be provided with each other’s identifying information including their full names, and phone and/or email addresses. When it comes to communication, it allows the parties to have direct communication potentially throughout the life of a child born via egg donation. However, this arrangement does not guarantee ongoing contact. The egg donation agreement should have a process for one party to request contact cease if contact is no longer required. The contract should also make clear that certain conduct, such as the donor being referred to as a parent or mother, will not be acceptable. If you are planning an egg donation, contact a fertility lawyer who is experienced in egg donation and versed in the different options for openness and anonymity. Attorney Ralph Tsong has been accepted into the Academy Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL) and can handle your case with ease and efficiency. If you need assistance, contact us now. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

The Wrong Mother is a drama thriller movie produced by Reel One Pictures in 2017. It stars Vanessa Marcil as Kaylene, Brooke Nevin as Vanessa, and Stephen Snedden as Kaylene's husband Drew. The movie revolves around Vanessa, who is apparently a nurse, who provides home care to Kaylene, the mother of two who is happily married to commercial pilot Drew after she is a victim of a hit and run. Vanessa soon seeks to usurp Kaylene’s role as mother and wife of Drew while keeping Kaylene drugged and isolated from her family. Spoiler alert: Turns out Vanessa is Kaylene’s anonymous egg donor and after Vanessa learns she cannot have children of her own due to lack of egg reserve, she goes crazy, uses her guiles to find out information about her intended parents and plots to upend their lives. (It doesn’t appear to cross Vanessa’s mind she could be an intended parent through egg donation herself.) Vanessa’s end game is to be the mother of Kaylene and Drew’s kids, and she will go to any lengths to remove anyone who is in the way of her plans. Legal and Other Accuracy I’m not sure any lawyers were consulted in this movie. Vanessa’s actions are operating on the theory that “possession is 9/10th of the law” which is not actually grounded in law at all. In reality, egg donors sign a contract in which they relinquish all legal rights or responsibilities to any resulting children or embryos. If Vanessa donated eggs in a typical contract situation, she would have her own attorney who would make sure she read the contract and understood it. Vanessa can’t reverse the donation because Kaylene is legally the birth mother as a result of being the natural parent of the child, and being on the birth certificate. While it is a fear of expressed by some intended parents entering into an egg donation, especially a known donation, that their egg donor might seek to become a parent to the children, I am not aware of any instance of this happening, nor am I aware of any donors replacing intended mothers. Furthermore, egg donors receive psychological and medical screenings and should receive an explanation during those screening exactly what they are doing. Egg donors also understand, via the egg donation contract, that there may be medical and psychological complications as a result of the egg donation and agree to assume those risks. If you are wondering, there does not appear to be a medical correlation between egg donation and depletion of ovarian reserve. Conclusion: We wanted to review this movie because there are a lot of similar movies about surrogacy with the Fatal Attraction formula where the surrogate lives with the family, and tries to seduce the husband and kill/take over the role of the wife, yet this one was about an egg donor, and maybe it would be different in some way. Unfortunately, it isn’t different and its potential “campiness” appeal is limited by its slow-moving pace and Lifetime movie-style predictability. It would have been an interesting take if Vanessa, upon learning of her own infertility and obtaining information about the children, the movie shifted and considered what would the legal outcome be of an egg donor who makes a claim of maternity via a DNA test (spoiler: she would likely lose). But that would prevent a Cape Fear/Single White Female kind of thriller that The Wrong Mother was aiming for. The movie is not to be taken seriously. If you are a donor or parent through egg donation with a sense of humor who feels left out that there are a lot of cheesy surrogacy thrillers but almost none about egg donors, check it out and let us know how you feel about the movie. The movie is available to watch on Freevee on Prime Video. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

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

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 independent legal counsel for your surrogacy contract and want to avoid ending up like Yeni, contact us today.

Released in 2015, “Baby Steps” is written and directed by Barney Cheng who also plays the lead character as Danny Lee. The film was featured in a Q&A with the director at the 2018 Men Having Babies conference in San Francisco. This multicultural comedy-drama film takes its audience on an emotional rollercoaster that highlights the challenges experienced by individuals pursuing parenthood through surrogacy . Synopsis The film follows the life of Danny, a successful Taiwanese-American man, and his American partner Tate (played by Michael Adam Hamilton). Danny longs to become a father, but the path to parenthood is not straightforward for him. “Baby Steps” explores Danny's decision to pursue surrogacy as a means to fulfill their dream of having a child. When Danny’s traditional Taiwanese mother, Ma (played by Ya-Lei Kuei), finds out about their plan, she is horrified and tries to stop them. Upon realizing Danny’s unwavering determination, Ma shifts to micromanaging all aspects of the delicate situation. Ma’s unwillingness to accept a less-than-perfect candidate, leads the parties to travel around the world to Taipei, Bangkok, Mumbai and Los Angeles in search of the ideal gestational surrogate. What’s Realistic About This Film? “Baby Steps” depicts the realities of surrogacy and assisted reproductions. It portrays the journey of a gay man and his partner who embark on a path to parenthood through surrogacy and assisted reproduction. The film effectively highlights the emotional rollercoaster that intended parents often experience while navigating the complexities of Assisted Reproductive Technology (ART), including choosing a surrogate, addressing legal hurdles, and dealing with societal perceptions. While this film focuses on describing a gay couple’s journey navigating the world of surrogacy, it also touches on the resiliency of single intended parents. Danny’s drive to become a parent no matter the obstacles thrown in his way, over his mother and even prioritizing it over his relationship with Tate, is a virtue we see in some of our intended parents and was seen in the film Together Together. Like other single intended parents, Danny will not be discouraged by the judgments of society or the difficulties of being a single parent, he just knows he wants to be a dad and that love will be enough. Aside from surrogacy, another noteworthy aspect of "Baby Steps" is its exploration of cultural identity and the challenges faced by LGBTQ+ individuals within traditional family structures. Through Danny’s turbulent relationship with his Ma, a tiger mom who embodies traditional Taiwanese values, the film portrays the cultural clash Danny experiences as he reconciles his Taiwanese roots with his American lifestyle. Throughout the film, viewers see how Ma struggles to accept Danny’s sexuality and his decision to pursue parenthood through surrogacy. In fact, Ma forces Danny to hide his sexuality and surrogacy journey from his Taiwanese extended family and friends in fear of being judged. All in all, the film sheds light on the importance of acceptance, understanding, and open dialogue within families, and the power of love to bridge cultural and generational gaps. How Accurate is it from a Legal Standpoint? The film does not involve any discussion of the legal aspects of surrogacy, however, legality looms large with trying to navigate international surrogacy. This is especially seen when the law changes in Mumbai, India. Danny and Tate are no longer able to proceed with their surrogacy journey in India because of an amendment to the law that only allows married heterosexual couples to pursue surrogacy in India. (Note, India does not allow commercial surrogacy to non-Indian citizens at this time.) As a result, Danny and Tate are forced to reconsider how and where to proceed with their surrogacy journey. Moreover, there is some exploration about whether an intended parent can really monitor the activity of a surrogate in the United States. This is shown in the beginning of the film when Danny and Ma are looking at surrogate candidates and Ma is doing everything in her power to find the perfect surrogate for her first grandchild, even following a potential surrogate home to spy on her private life. When Danny finds out, he reprimands Ma and explains that an American surrogate cannot be micromanaged. Conclusion “Baby Steps” not only touches the hearts of its viewers, but also sheds light on the emotional journey and legal complexities associated with surrogacy and assisted reproduction. It weaves together the themes of love, family, culture, and the legal aspects surrounding ART. “Baby Steps” is a film worth streaming for anyone interested in surrogacy and it is currently available to stream on Hulu and Prime Video. Keep updated with our monthly movie reviews by subscribing to our blog. If you have questions about surrogacy, contact us now and speak with one of our surrogacy lawyers today.

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.