How to Choose a Surrogacy Agency

There are many advantages to using a surrogacy agency when you choose surrogacy to have a child.  They will work to match you up with a surrogate that is perfect for you and they can offer a great support system for both you and your Surrogate.  But how do you choose the surrogacy agency that is right for you?  There are many questions that you can consider when trying to choose a surrogacy agency to work with:

• How long have they been in business?  There is nothing wrong with using an agency that has only been open for a few months if you have done your research and you feel like they are the right agency for you.  However, you may want to work with an agency that has been established in the field.  They will have more experience and a longer record for you to examine.
• How many clients have they assisted?  Again, you may want to work with an agency that has a proven track record.  While it is true that every agency has to start somewhere, are you ready to be the one that they start with?  You will want to look at their history and see how many people they have helped to become parents so you can decide if you want to be one of those people.
• What is their screening process?  Do they screen their surrogates both physically and psychologically?  You certainly want to work with an agency that does both physical and psychological screenings of their potential surrogates.  You want to work with a surrogate who is both physically fit and psychologically prepared to go through the process of carrying another woman’s child. Counseling is a part of the entire process, but you want to make sure that an initial screening does take place before you are matched up with a surrogate.
• Have they ever been sued by clients or surrogates?  This is something that you want to consider as it gets to the heart of their reputation.  If they have been sued, what were the circumstances?  What was the result?  This is a part of looking into the history of the agency and whatever you find out in answering this question may play a major role in your decision of whether or not to work with that agency.
• How much does it cost?  Obviously, if you have chosen surrogacy you already know that you are going to be making a significant financial investment.  If you are choosing an agency, part of that investment will go to pay the agency’s fees.  The agency will give you an estimate (you may end up paying more or less than that estimate), and then you will want to find out what services are provided for the fees that you are paying.  If you feel like you are getting the services you want for the amount of money that they are asking, then you may consider the agency a good choice for you.    
• How long does it usually take to match a family up with a surrogate?  There will not be any guarantees here.  They may be able to match you up with someone fairly quickly or it may take some time.  The agency will be able to look at your family and tell you how long it typically takes to match up a family such as yours, but patience is important as you will want to find the best match for you and your family.
• How is their staff and customer service?  As you are researching different agencies, what is your experience with the staff?  Are they generally friendly?  Do they seem supportive?  You want to work with an agency that is supportive and where the people are pleasant to be around.   The process of surrogacy can be long and sometimes stressful and you will want to work with an agency where the people can help to ease some of that stress.

Choosing a surrogacy agency to work with takes time and research.  Ultimately, you want to choose an agency that you are comfortable with.  You want to work with an agency that will do what is best for you and your family.  Do your homework and ask the right questions and you will be working with the surrogacy agency that is best for you. 

If you have questions about choosing a surrogacy agency in California, please call 310-598-6428 or email Rose@PondelLaw.com  Rose works with many surrogacy agencies in California and abroad and is available to help you choose the best agency for your family.

Israeli Cabinet Backs Bill Allowing Surrogacy for Same Sex Couples

Elad and his partner live in Israel with their one-month old daughter.  Both men served in the military and are as active as any other member of their community.  Their daughter was conceived using a surrogate in India.  Why?  Because same-sex couples and unmarried people are not allowed to use surrogacy in Israel.  However, a law which received the approval of the Israeli cabinet on Sunday, June 1 is aimed at changing this policy.  This new law extends the ability to use a surrogate in Israel to all couples, not just heterosexual couples.

The bill had been going through months of debate in the cabinet, but tensions on the bill were eased and the cabinet was finally able to vote.  While the bill does extend the rights to use surrogacy to singles and same-sex couples, it also imposes a few restrictions on both Surrogates and Intended Parents.  Surrogates are limited to three surrogate pregnancies and they can be no older than 38 (actually raising the maximum age).  Intended Parents must be no older than 54 and are only allowed to conceive two children through surrogacy.  Currently many LGBT couples have to go abroad (like Elad and his partner) in order to use a surrogate.  Most go to India or Thailand. The ability to use a surrogate in Israel will mean they no longer have to deal with all of the red tape of immigration and they will be able to bring a new member into their family.

Those who oppose the law argue that it merely “pays lip service” to the LGBT community in Israel.  Irit Rosenblum, founder of the “New Family” NGO in Israel states that the law will lead to couples dealing with committees and much more red tape in order to conceive a child.  He believes that it will just lead to fewer, not more, surrogacy arrangements.  Even so, members of the LGBT community are hopeful that the law will pass the Knesset, where it must pass three readings.   Supporters of the bill in Israel are optimistic, with Israeli Health Minister Yael German stating, “It feels like the ova are thawed and now we can create the baby and deliver it in the Knesset (Israeli Parliament).”  Elad and his partner are looking forward to the opportunity to add another child to their family and to be able to do that in Israel.

Tips for International Parents Using a Surrogate in California

International surrogacy arrangements can seem daunting, but if you are working with an experienced surrogacy lawyer, surrogacy agency and medical staff, many of the complications can be eliminated or proactively addressed through proper drafting of contracts, screening of the surrogate, and medical screening for any possible health conditions.

Here are some tips for a smooth international surrogacy relationship:

• Work with a reputable surrogacy agency that can provide you with references from former clients and other fertility professionals in their area.
• Consult with a surrogacy lawyer who has specific expertise in family formation law including surrogacy, egg donation, sperm donation and embryo disposition.
• Get to know your surrogate.  This is an important relationship, and as in all relationships, communication is key to a harmonious and smooth process. 
• Understand the laws in the state where your surrogate lives.  California surrogacy law is relatively new, and therefore it is of the utmost importance to work closely with a qualified surrogacy lawyer.
• Work with an immigration attorney in your home country to ensure a smooth return home after your baby is born.

The Family Formation Law Center regularly works with Intended Parents from all over the world including China, Australia, France, Switzerland, Italy, Spain, Argentina, Brazil and Japan.  Please contact us if you would like to speak to a surrogacy lawyer in Los Angeles or the San Francisco Bay Area, or would like more information regarding international surrogacy.  310-598-6428 or Rose@FamilyFormationLawCenter.com. 

Tips for Chinese Intended Parents Using a Surrogate in California

On Sunday, the Los Angeles Times ran a front-page story about the increase in surrogacy tourism from would-be parents in China.  Due to rising affluence in China and the growing business of surrogacy in Los Angeles, there has been a steady demand for international intended parents coming here in search of a surrogate.

Many Chinese couples call our office seeking referrals for surrogacy agencies, egg donation agencies, fertility clinics, reproductive endocrinologists and mental health care professionals.  Below we’ve compiled a list of important things for Chinese couples to know when seeking a surrogate in Los Angeles:

• It is important to engage an attorney who is knowledgeable in immigration law both in California and China.  For many Chinese couples, the American birth certificate for their baby is an added benefit to using a surrogate in California.  However, the laws are complex and it is important to fully understand the benefits and drawbacks.
• If you are seeking a Chinese egg donor, it is critical to work closely with an agency who can help locate and screen potential donors.  
• Before entering into a surrogacy contract, Intended Parents should sit down with their attorney or agency representative to review the total costs involved with surrogacy, ensure there is adequate health insurance available for the surrogate and the baby, and fully understand the scope of the relationship with the surrogate.
• If you are entering into a private surrogacy arrangement, without the use of an agency, it is critical to engage an attorney, a mental health professional and a medical specialist.

The Family Formation Law Center works with the best and the brightest medical specialists, fertility clinics, cryopreservation laboratories, adoption agencies, egg/sperm donation agencies, psychologists and attorneys across the country and around the world.  If you are looking for professional advice and counsel regarding your family options, call our office to schedule a consultation at 310.598.6428 or email Info@FamilyFormationLawCenter.com.


Chinese couples come to U.S. to have children through surrogacy

This story ran in the Los Angeles Times on February 19, 2012 and was written by Shan Li

Americans have long gone to China to adopt babies. In a twist, Chinese couples are now coming here to become parents — through surrogacy.

China does not permit surrogate parenting, but that country's rising affluence has given many couples the option of coming to U.S. surrogacy clinics. California, with its large Chinese American community and its courts' liberal attitude toward surrogacy, is a prime destination.

Jerry Zhu and Grace Sun of Beijing have so far saved $60,000 toward the expected $100,000 cost of surrogate birth. They hope to come to Los Angeles later this year for the procedure.

"It's going to be expensive," said Zhu, who manages a furniture factory. "But if we have a child it will complete the family. We are hoping for a son."

U.S. and Chinese authorities say they do not track the numbers of Chinese couples coming here for surrogacy services, but surrogacy experts and clinic operators say there has been a sharp upswing.

"In the last year, it went from nonexistent to being tremendous," said Parham Zar, managing director of the Egg Donor & Surrogacy Institute in Los Angeles. He estimates that about half of his company's business comes from Chinese couples.

Surrogate Alternatives Inc. of San Diego has three agents in China who recruit couples. Last year about 40% of Surrogate Alternatives' 140 client couples were from China, Chief Executive Diana Van De Voort-Perez said.

Zhu, 42, and Sun, 35, said they haven't chosen a clinic yet, but know they want to have the procedure performed in Southern California because of the many clinics here that specialize in surrogate births. The couple, who requested that their English nicknames be used because surrogacy is frowned upon by many people in China, said they came to their decision after several miscarriages.

"Of course we would rather have our own child naturally, but we realized that that might be impossible," Zhu said.

Like most couples, Zhu and Sun hope for a so-called gestational surrogacy, in which an embryo created by the woman's egg and the man's sperm is implanted in a surrogate mother who will bear the child.

Clinic directors say a gestational surrogacy typically costs $80,000 to $120,000, with higher costs if there are complications or if repeated implants are needed.

The price rises about $30,000 if the prospective mother's eggs are not viable. In these cases, the clinics typically obtain eggs from donor clinics.

Most Chinese couples insist on eggs from ethnic Chinese women, which has led to inflated prices, said Dr. Jeffrey Steinberg of the Fertility Institutes in Encino.

A Caucasian woman normally gets about $5,000 to $8,000 for 10 to 14 eggs, Steinberg said, with the money technically being paid for the energy, time and pain associated with the "donation." An ethnic Chinese woman can command $15,000 and up for her eggs, according to Steinberg and other surrogacy specialists.

"It's supply and demand," Steinberg said. "Chinese are the premiums."

Shelley Smith, owner of the Egg Donor Program in Studio City, said she does not usually pay Chinese women more for their eggs, but acknowledged that she is planning to pay an ethnic Chinese woman who lives in New York $15,000, which is higher than her normal fee.

Much of that premium is because the woman is a repeat donor whose eggs have proved to be fertile, Smith said, but other factors are also at play.

"This Chinese egg donor is in great demand," Smith said. "She has perfect 1600 [SAT scores], she is very, very pretty, and she went to an Ivy League school."

Chinese clients have become so important that California surrogacy clinics hire agents based in China to drum up business.

Li Dong Ming works in Beijing for the Agency for Surrogacy Solutions and its sister company, Global IVF in Encino. She gets a "finder's fee" for every client who opts for that firm's service, but declined to specify how much that fee is.

Li said it's not a hard sell.

"They want to go to America because they think the science is better," Li said in Mandarin. "They want a precious treasure, and if finances allow, the dream is to have a baby in America."

A baby born in the U.S. is automatically granted U.S. citizenship, which remains valid even when the couple return to China with the newborn.

Robert Walmsley, an attorney who specializes in surrogacy cases, said American citizenship is an "extra perk" for his Chinese clientele, which he says has grown 20% over the last three years.

Like others, he says the trend is being driven by the robust Chinese economy. Clinic directors say many of their Chinese clients are middle-aged couples who can now afford the cost of raising a second child — and also can afford to pay the hefty financial penalty for violatingChina's"one-child" policy.

"In the last year we have had several Chinese couples already with a child between 16 and 25 years old," said Juli Dean, director of Coastal Surrogacy in Newport Beach. "They are literally starting over again and having a second family."

The process isn't always easy. Dean notes that some Chinese couples see the procedure as strictly a business transaction, viewing the surrogate mother as a hireling. American surrogate mothers, she said, tend to want to have a relationship with the couple whose child they are bearing.

"We have to educate [Chinese couples] that the surrogate is not an employee, that it's more than a business transaction," Dean said. "We have to say it's very disrespectful to the surrogate mother, and a lot of Chinese culture is about respect and not being disrespectful, so they can understand that part and relate to it."

Cultural differences aside, the procedure is also time-consuming — and doesn't always go according to plan.

Amy Lee, 42, and her husband, Harry, 48, of Hong Kong first flew to Los Angeles in 2010 to begin surrogacy procedures. The couple, who used their American nicknames, had always wanted a child, but their careers — she as a film professor, he as the manager of a tech company — had gotten in the way.

Their surrogate became pregnant but miscarried two months later. Later that year Lee went to Beijing to an underground surrogacy clinic. Her surrogate there miscarried too, and Lee decided not to try again in China.

So last year Lee came back to California three times to work with two surrogates. The first attempt did not result in a pregnancy, and the second attempt ended in a miscarriage.

The couple tried again in December with a different surrogate. That resulted in a pregnancy, and they are hoping it goes full term.

"There is a great demand for this in China, but it's illegal in China," Lee said. "So what are couples supposed to do?"