搜索结果

Recently, the 68-year-old Spanish celebrity spurred a debate in Spain after her picture carrying her surrogate-born baby came to light. Ana Obregón revealed contracting with a gestational surrogate in Miami to have a baby, but later announced in a magazine interview that the baby was the daughter of her son who died of cancer in 2020. Surrogacy in Spain is not legal. Obregón said that the doctors had encouraged her son, Aless Lequio García, to preserve samples of sperm before he began treatment and that he expressed a desire just before dying to have a child. The samples, she said, were stored in New York. Initial reports about the baby grabbed the attention of the Spanish media and the country’s political parties, sparking criticism which most of which are inaccurate views of surrogacy which do not apply to the United States with its surrogacy friendly laws and agency policies which protect surrogates. Debunking Surrogacy Misconceptions Equality minister Irene Montero called the practice “a form of violence against women.” False. Surrogates choose to be surrogates after a long process of psychological and medical screening and counseling. Surrogates have their own lawyer to ensure the surrogate understands and can negotiate their surrogacy arrangement. Montero pointed out a “clear poverty bias” concerning women who agree to become surrogates due to financial needs, Reuters reported. False. Surrogates in the United States should not be on any form of state welfare and should be financially self-sufficient without surrogacy. Surrogates declare in the contracts that they are not under economic duress. Socialist treasury minister María Jesús Montero described surrogacy as the “exploitation of a woman’s body.” False. Surrogacy is not exploitation of a woman's body. Thousands of American women successfully assisted others have families and it is not self-exploitation. Surrogates keep their careers, make important healthcare decisions affecting their health, and maintain their home and family life during the process. Conclusion It is important to seek out reliable sources of information and to fact-check any claims or information about surrogacy before accepting them as true. While surrogacy in third-world countries may not be free from exploitation, it is a far cry from surrogacy in the United States. Approaching surrogacy with empathy and understanding is also important as it is a personal decision that can be emotionally challenging for all parties involved. 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.

It’s widely understood that treatment for infertility such as IVF or artificial insemination and pregnancy expenses are deductible medical expenses under IRS Tax Code section 213. A question intended parents have asked, if infertility and pregnancy treatments are deductible, what about medical expenses or costs incurred in surrogacy or egg donation, as these are also treatments for infertility? The answer whether expenses for third party reproduction can be considered medical expenses and written off on an intended parents’ taxes appears to be “no.” This answer is based off on April 9, 2021 Private Letter Ruling of the Internal Revenue Services (IRS) where a gay male couple requested a ruling to allow them to deduct for costs and fees related to medical expenses directly attributable to one or both of them, for egg retrieval from an egg donor, in vitro fertilization (“IVF”), with a surrogate, childbirth expenses attributable to the surrogate, medical insurance for the surrogate, legal and agency fees related to the egg donation and surrogacy, and any other medical expenses arising from the surrogacy. The IRS in its Private Letter Ruling held that costs and fees related to egg donation, IVF procedures, and gestational surrogacy do not qualify as deductible medical expenses. The IRS stated that the costs and fees directly attributable to medical care for diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body of the taxpayer, the taxpayer’s spouse, or taxpayer’s dependent qualify as eligible medical expenses. However, expenses incurred on behalf of third parties (not the spouse or dependent), which occur during egg donation, the IVF procedures, and gestational surrogacy are not incurred for treatment of disease nor are they for the purpose of affecting any structure or function of taxpayers’ bodies. Only the sperm retrieval and sperm freezing could be deductible since there were for medical care that was actually performed on one of the taxpayers' intended parents for the treatment of a disease. This ruling is in line with previous case law which found that only infertility treatments performed on the body of the person claiming a medical expense (and not a third party such as a donor or surrogate) fall under the definition of medical expense. Conclusion The ruling of the IRS makes clear that it interprets the statute requires a taxpayer to show that the expenses qualify as “medical care” for the taxpayer or his or her spouse or dependent. Unfortunately, this decision seems to treat infertile individuals differently. If a man and woman can have IVF expenses considered medical expenses, should it no longer be a qualified medical expense if the man or woman uses a donor gamete when they perform IVF? It should be noted that a private letter ruling is not precedential, it is a decision only affecting the parties requesting it, so the IRS could be asked in the future and have a different ruling. Likewise, a denial could be appealed to the tax court which might rule differently. Have questions about surrogacy? Talk to a surrogacy lawyer now by clicking here. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

Recently, California has implemented a law which will have an impact on anonymous sperm, egg and embryo (“gamete”) donations in the future. Effective January 1, 2020, the new Health and Safety Code section 1644.2-1644.3 will require gamete banks (defined as sperm and egg banks and IVF clinics) to (1) provide each donor with information regarding the donor’s choice regarding identity disclosure; (2) obtain a declaration regarding identity disclosure; and (3) maintain identifying information and medical information about each gamete donor, including records of their screening and testing. Of particular concern is that donors, who usually have made a choice whether to be anonymous or known in their gamete donation contract, will also sign a declaration provided by the gamete bank that states whether or not the donor agrees to disclose their identity to any child conceived from their donation should the child request it from the gamete bank after turning 18. According to the law, even if the donor chooses not to have his or her identity revealed when requested by the adult donor conceived child at the time of the donation, the gamete bank has the duty to notify the donor as to the request and allow that donor another chance to withdraw the declaration. A donor who has chosen to disclose their identity does not have an option to withdraw their disclosure declaration. In any event, the gamete bank will be required to provide the adult donor conceived child, or the parent of the child if the child is a minor, access to non-identifying medical information provided by the donor. What happens if the clinic fails to offer or keep a copy of a donor’s declaration of disclosure? If the clinic fails to keep the donor’s declaration or failed to offer a declaration, the clinic will be obligated to disclose the donor’s identity and contact information to the adult donor conceived child. According to the law, if there is no declaration from the donor refusing to disclose their identity, the gamete bank “shall provide the child with identifying information of the donor who provided the gametes.” Conclusion As the law affects only donations occurring on or after January 1, 2020, it means that the first requests for donor information from donor conceived children will not occur until at least 2038. Therefore, time will tell the impact of this new law. Nonetheless, it is important that donors and intended parents be aware of this law and understand how this affects anonymous egg, sperm and embryo donations in California in the future. If you are starting an egg, sperm or embryo donation journey, contact Tsong Law Group for a consultation. Have further questions. Talk to a surrogacy lawyer now clicking this. This article is for informational purposes only and should not be relied upon without additional research or consulting an attorney. This article is not legal advice and does not create an attorney-client relationship with the reader.

With the compensation egg donors receive usually described in an egg donation contract as payment for pain and suffering, time and inconvenience rather than for the eggs retrieved and donated, you may be wondering if the donor’s compensation from egg donation reportable income on your annual taxes is. The simple answer to this question is yes. In the eyes of the Internal Revenue Services (IRS), egg donation is considered to be compensation for services rendered, thus the payment from an egg donation is considered reportable taxable income. When dealing with the human body, the tax laws can be a tricky subject. Recently in 2015, the United States Tax Court in the case of Perez vs. Commissioner, 144 T.C. 51 (2015) considered a donor’s argument that compensation for pain and suffering paid under an egg donation should be non-taxable. All parties agreed that an egg donation compensation was for the donor’s pain, suffering, time and inconvenience, and not for the actual sale of body parts. Under the US code, damages for pain and suffering, paid in settlements or lawsuits for personal injuries and accidents are non-taxable. However, the tax court determined that the compensation for “pain and suffering” to the donor in an egg donation is unlike the damages in a tort case. Instead, any pain and suffering experienced is on account of a medical procedure which the donor has consented to. Because any physical pain that the donor suffered was a result of performing a service contract for egg retrieval and not for an unwanted invasion against body, the compensation for the egg retrieval falls under the broad definition of income and was not exempt from tax. As a result, the compensation paid to an egg donor represents taxable income. Some egg donor programs provide their donors with a 1099 tax form but if you don’t receive a 1099 form from the program, it is your legal responsibility to report any income you’ve earned from egg donation. Note that not all compensation from egg donation is taxable. You may deduct out of pocket expenses related to going through the process such as your mileage, meals, and travel expenses. If these are paid to you in the form of allowances or reimbursements, this is not part of your income. CONCLUSION There are a lot of things to consider when deciding the compensation for donate eggs, and the taxable status of income should be one of them. It is best to discuss your taxes and income with your tax advisor so that they may properly advise you on your options. Tsong Law Group has represented hundreds of donors from all over the world. If you are looking for an egg donation lawyer, please 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.

Synopsis Together Together is a 2021 film that explores a unique relationship between a single intended father and his gestational surrogate, a pairing that would not exist before legalization of surrogacy in California in 1993. The film is a realistic, lighthearted comedy that tries something new by not being a cheesy thriller or absurdist comedy. Matt, played by Ed Helms, is 40-something and single after a long-term relationship, and now wants a baby as his next stage in life. Anna, played by Patti Harrison, is 26, and her past experience with pregnancy was a baby she placed for adoption. She decided to sign up with an agency as a surrogate candidate to pay for college. The movie is in three parts, covering the first, second and third trimester of Anna’s pregnancy. Anna and Matt have varying degrees of contact during the pregnancy. From meeting for medical appointments, to Anna helping decorate the nursery, sleeping over at Matt’s house, shopping and eating together, and attending his baby shower, to going back to less contact but then attending birthing classes together, and Anna staying with Matt as she goes into labor and Matt attending the delivery. What’s Realistic About the Film The makers of the film apparently consulted with surrogacy agencies and did research into the surrogacy process to try to be accurate. The movie captures the match meeting and the support group meetings as well as the challenges both surrogates and intended parents have in telling (or not telling) friends or family about the surrogacy, as well as friends or family having reactions which might be insensitive or ignorant. The bond between Matt and Anna from their shared experience is unique to surrogacy, though their relationship is not one that is likely to happen in real life. What’s Not Realistic Anna is less than ideal for a surrogate candidate. She was portrayed as a loner, without family support. She does not have a child of her own, though she has experience having a child. It would be unlikely, that even if she was approved, that an agency would suggest a match with Matt, who is also single and local to Anna. While there is counseling and support for Anna, the level of contact Matt has in Anna’s life would raise alarm bells for agencies. As Anna’s pregnancy progresses, Matt becomes weirdly controlling about her diet and sex life. He also asks her to stay at his place so he can be more aware of her pregnancy progress. Of course, there wouldn’t be much comedy in the way of misunderstandings between the two or from everyone else if their relationship was realistic. Are Lawyers Involved? There are no lawyers in the movie. However, Matt and Anna do go over the surrogacy agreement with the agency representative (owner/counselor?) to determine whether Anna’s sexual activity is prohibited by the contract. They read an accurate list of dangerous activities that would appear in a real surrogacy contract but find no prohibition of sex. (Note that some intended parents will request restrictions on sex, though usually just before the pregnancy is confirmed.) In reality, the surrogacy contract is an important legal document between the parties that will go over the parties’ rights and obligations. There is also a scene where Matt doesn’t know where to be during a vaginal ultrasound. If the contract was drafted by us, it would likely have told him to respect her modesty (which he doesn’t at the birth—so perhaps this is not in their contract). There’s not really a need for a lawyer to help the main characters during the film, though we winced when they started having sleepovers and basically living together, as we would advise clients against this practice. Anna also refers to being a surrogate as her work and we would point out that there is no employer-employee relationship between the parties. Legal Accuracy Better than most. No legal inaccuracies found. Conclusion Together Together is a funny film about surrogates that doesn’t really get too deep or complex. Intended parents like Matt are not uncommon in surrogacy, single men or women who decide they don’t need to wait for a partner to have a baby, so this is a first to tell the story from his perspective. It’s also a positive that the movie doesn’t end up with the predictable trope of the surrogate and intended parent falling in love like many movies about richer older men and the hardscrabble single contractors that contract with them. Verdict: Worth streaming for anyone interested in surrogacy. Currently available on Hulu to stream. Have questions about surrogacy? Contact us a surrogacy lawyer now.

Right after a successful surrogacy journey, intended parents can look forward to bringing home their newborn child. The first days at home are important for bonding between parent and child and intended parents deserve to take time off from work. But the question is, how does one get the time? If you are an intended parent, you might be wondering if you can get paid parental leave for your child born through surrogacy. If you are living in California, the answer is yes, parents of a child born by surrogate have the ability to take paid time off. In this article, we will be discussing some important information you need to know about the Paid Family Leave (PFL) in California. In California, to be eligible for PFL, parents must welcome a new child into the family in the past 12 months, must have earned at least $300 from which State Disability Insurance (SDI) deductions were withheld in the last 12 months, must be currently employed, and must have not taken more than eight weeks of PFL in the past 12 months. A claim for paid family leave may not be submitted earlier than the first day the family leave begins and no later than 41 days after the family leave began. Intended parents submit a Certification for Paid Family Leave (PFL) Benefits (Form DE 2501C) and proof of relationship on family bonding claims (e.g., a copy of the child’s birth certificate or a court judgment). The easiest way to have your claim processed is to submit your completed forms electronically in SDI Online as an attachment. To submit electronically, create an SDI Online account at the EDD website. Select New Claim from the menu, and select Submit Electronic Paid Family Leave Care Attachment. Once EDD determines eligibility, intended parents can receive benefit payments for up to eight weeks in a year. The leave does not need to be taken all at once, and it can be taken with employer paid sick leave, but the total payment is not to exceed 100% of your wages. PFL payments are about 60 to 70 percent of the average weekly wages earned five to 18 months before their claim start date. Conclusion Thirteen states including California currently have laws on the books granting paid family leave for bonding with a new child, whether the child is born from a surrogate pregnancy, is a placement due to adoption, or is the result of a natural birth. Are you embarking on a surrogacy journey and have questions for a lawyer? Please contact us and schedule a consultation. 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.

Pregnancy and childbirth can require a surrogate to take time off work, and that is why gestational surrogacy contracts provide for lost wages for the gestational carrier, so that she doesn’t suffer personal losses for undergoing the journey. Typically, lost wages under a surrogacy contract will up to extend 4-8 weeks beyond a birth. This can be very expensive for the intended parents, but fortunately in California (among a few other states ) provides state disability insurance (SDI) for qualified employees. The SDI program provides partial wage replacement benefits to eligible California workers who are unable to work due to a non-work-related illness, injury, or pregnancy. SDI contributions are paid by California workers through employee payroll deductions. If you are planning to be a surrogate and are employed in California, you should learn about SDI benefits. SDI will pay about 60 to 70 percent (depending on income) of your average daily wage in the highest quarter 5 to 18 months before the claim start date. Further, surrogates can receive SDI for four weeks before delivery without any complications, or earlier if there are complications, and up to six weeks after delivery or 8 weeks after a delivery with complications or a c-section. To qualify, a surrogate must have earned at least $300 in wages that are subject to SDI deductions (“CASDI” on your paystubs) during the 12-month period prior to their claim. You can apply for benefits online at the website www.edd.ca.gov . The first step is to gather the required information. You must provide: a Valid California Driver License (CDL) or identification card number; your full legal name, date of birth and social security number; your current employer’s business name, phone number, and mailing address (as stated on your W-2 or paystub); the last date you worked your normal or usual duties (or the date you began working less than full or modified duty). The second step is register and create an account. To register for SDI Online, you must create a Benefit Programs Online (BPO) Account through this link: https://portal.edd.ca.gov/WebApp/Registration. When you log in to BPO, select SDI Online. Then, you will be directed to your SDI Online Registration Options. The third step is to file your claim online. To do this, you must log in to your BPO account, select SDI Online, select New Claim, select Disability Insurance and follow the steps in each section, submit the completed Part A – Claimant’s Statement, and copy and save your receipt number. You must provide this number to your licensed health professional. The last step is to get your treating health professional to complete the Medical Certification. After your claim has been received, your licensed health professional can find your claim in SDI Online using your form receipt number. They must submit the certification no later than 30 days after your disability begins or you may lose your benefits. It is recommended that you talk to your health professional about their process for submitting a DI claim. Your claim will not be processed until the state receives both your part and the medical certification. Do not submit the same claim more than once as this will delay your claim. Once your licensed health professional submits your medical certification to the government, you have successfully filed your DI claim. The California Employment Development Department (EDD) will contact you with the status of your claim, usually within 14 days. Your employer will be notified that you have submitted a DI claim. However, medical information is confidential and will not be shared with your employer. EDD will issue payments in one of two ways. Either electronic payment via a debit card; or an EDD check 7 to 10 days for delivery by mail. Payments will be retroactive to the eligibility date. A properly drafted surrogacy agreement will require a surrogate to apply for disability payments once they are eligible, and not doing so will be a breach of the agreement. Intended Parents will pay the difference in lost wages that are not covered by the Disability Insurance, so there is no loss to the surrogate for applying for disability benefits. Any payments already made by Intended Parents that end up covered by SDI will be credited to the Intended Parents. Note that SDI does not provide any job protection, only monetary benefits; however, a surrogate’s leave during pregnancy may be protected through other federal or state laws such as the Family and Medical Leave Act (FMLA), the California Pregnancy Discrimination Act or the California Family Rights Act (CFRA). Note that you may collect SDI if you are using your paid vacation time, but not if you have fully paid sick leave. Conclusion: SDI is a benefit to surrogates that helps with the financial burdens of losing work due to work restrictions during pregnancy or after child birth. It is a huge benefit to intended parents by reducing their surrogate’s lost wages by up to 70% what they otherwise would have had to pay out. Working surrogates who live in states like California which pay disability benefits during pregnancy and child birth are attractive candidates to intended parents because state disability insurance reduces the cost of their journey, and being eligible for SDI might allow for a higher base compensation. California surrogates are eligible for benefits when they receive a doctor’s order and have been off work for at least seven days. If you have questions more questions about SDI, contact a surrogacy 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.

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.

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.

The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993 and provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes the birth of a child, adoption or foster care placement, or care for an immediate family member with a serious health condition. The FMLA protects employers with 50 or more employees and to employees who have worked for the employer for at least 12 months and for at least 1,250 hours in the previous 12 months.  A surrogate’s or intended parents’ rights to family and medical leave may differ depending on which state they reside. Some states have their own family and medical leave laws that provide additional protections and benefits. Currently in 13 states, surrogates who are employed might be eligible for paid disability leave for pregnancy or child birth, while in others, intended parents who are employed might be eligible for baby bonding time.   We will discuss the states that attorneys at Tsong Law Group are licensed in:  In California, employees are eligible for up to 12 weeks of paid family leave to bond with a new child, including a child born through surrogacy. In addition, California law provides for up to 4 weeks paid disability leave for employees who need time off to recover from a pregnancy-related condition and 6 weeks paid disability leave for a normal delivery and 8 weeks for a cesarian section birth. California also has a pregnancy disability leave act which runs with the 12 weeks of federal FMLA leave but applies covers more employees, since to small employers of five people and extends the time to 16 weeks.  In New York, employees are eligible for up to 12 weeks of paid family leave for the birth, adoption or foster care placement of a child, or for the care of a close relative with a serious health condition. New York also provides for paid pregnant disability benefits for up to four weeks before due date and six weeks after giving birth (eight weeks if delivered by c-section). Employees must have worked 26 weeks for the employer in the past year, at least 20 hours a week.  In Washington, employees may apply for paid medical leave for pregnancy or delivery, and family leave to bond with a new child. Paid leave is up to 16 weeks of combined medical and family leave. Additionally, those who experienced pregnancy-related complications such as prescribed bedrest or a c-section, may take an additional two weeks of medical leave for a total of 18 weeks. The doctor must make sure to mark the pregnancy complication checkbox in their Certification of Serious Health Condition form. Employees must have worked over 820 hours in the past year.  Other states we are licensed in, Illinois, Arizona and Oklahoma , currently do not have state specific laws for protected or paid leave beyond federal law.  Below is a map of the United States showing states with Paid Family Leave Laws from the Bipartisan Policy Center.   Conclusion   FMLA is an unpaid benefit that can be taken by both the surrogate and her intended parents. If available in their state, paid disability leave can be taken by the surrogate, and paid family leave can be taken by the intended parents. If you or another party live in a state we are licensed in and we represent you in a surrogacy matter, you can ask us about your state’s disability leave law. It’s an important right and benefit that should be considered at the contract stage of a surrogacy journey.   If you have questions about this law, don't hesitate to contact a surrogacy 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.