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.

How much does surrogacy cost?

When making the choice to pursue surrogacy to have a child, you are making a major life commitment.  Of course, you are making a commitment to a child and a commitment to your family.  And surrogacy involves a major time commitment—you will have medical appointments, legal appointments, and many other appointments that you will have to be part of.  You also have to consider the fact that surrogacy involves a serious financial commitment.  It is well known that surrogacy is not cheap, but what you may not know is where all that money is going.  There are many costs associated with surrogacy, and listed below are some of the most common.

  • Surrogate Fees – Generally speaking, this is a fee that is agreed upon between the intended Parent(s) and the Surrogate.  Usually, it is broken down into monthly payments that last through the duration of the pregnancy.  This fee is essentially paid to the Surrogate to compensate her for the pain and suffering involved with being pregnant and reasonable consideration for carrying a child. While it is money that the surrogate may use for regular living expenses such as food and shelter, you have to remember that those expenses are necessary for her to care for your unborn child.  In addition to the base fee paid to the surrogate, you will also need to provide a life insurance policy for the surrogate for the duration of the pregnancy (and for a few weeks after the child is born) in case she suffers a fatal complication or accident during the pregnancy or in childbirth.  Furthermore, you will generally provide an allowance for maternity clothes.  There will be other fees that will come up through the pregnancy (such as fees for transportation, certain medical expenses, and the event of multiple births).  The majority of the money that you spend on this procedure will be in this area, so it helps to have an idea of what the money is being spent on.
  • Surrogacy Agency Fees – While it is not required to use a surrogacy agency it is highly recommended.  Agencies screen all of their potential surrogates very carefully and work to match you up with someone who will be compatible with you, your values, and your family.  This involves a lot of medical and psychological screening of potential surrogates, and the agency will charge a fee for these services.  While working with a surrogacy agency is one of the biggest financial commitments you will make in this process, it is also one of the best investments you can make as they will work to match you up with the best possible person for you.  If you would like a referral to a trusted surrogacy agency in California, please call our office at 310-598-6428 or email Rose@PondelLaw.com
  • Legal Fees – There will be a lot of legal paperwork that will come with surrogacy, and it is important to work with a surrogacy attorney who specializes in the field.  The attorney will charge a fee for drafting the surrogacy agreement and to set up the funds for the process in a trust.  The attorney will also make sure that the funds are allocated to the correct person or organization when the time comes (making sure fees are paid to the surrogate, surrogacy agency, medical fees, etc.).  You will also need to make sure any paperwork that needs to be done prior to the birth of your child is taken care of (such as paperwork and proceedings to establish parentage).  The Intended Parents are generally expected to provide funds for the surrogate’s legal fees in addition to their own. 
  • Medical/Psychological Fees – Psychological evaluations are essential for both the Intended Parents and for the Surrogate to ensure that everyone involved is ready to go through the surrogacy process.  The Intended Parents and the Surrogate will also have several medical expenses to pay during this process.  Of course, you will have to pay for the actual childbirth, but you will also have to pay for the embryo transfer procedure, monitoring, ObGYN visits, ongoing support groups and any health complications that may arise during pregnancy.  Fees will also include any fees paid to the clinic as well as any medications needed by the surrogate.  It is also important to know that the embryo transfer may not take on the first attempt and that the process may need to be repeated several times before a successful pregnancy is achieved.  While many fertility clinics tout their success rates for implantation on the first try, you should be prepared to go through and pay for this process more than once.

There are many other fees that will come up as you go through the surrogacy process.  For example, you may have several embryos that are not implanted in a surrogate and you may choose to cryopreseve them, for which you will have to pay a storage fee.  It is also important to understand that many of these fees are variable and may change in the case of multiple births (twins, triplets, etc.).  There are also fees involved if the doctor decides that a cesarean section is necessary for the surrogate to give birth.  All of the fees and specifics should be discussed in detail with your attorney and carefully outlined in your surrogacy contract, but it is useful to have an idea of what your money will be used for before you even begin the surrogacy process.

If you have questions about the costs of surrogacy or the surrogacy process in California, please call 310-598-6428 or email Rose@PondelLaw.com

 

Perez Hilton is a Daddy!

Celebrity blogger Perez Hilton announced on his website that he is the proud father of a new baby boy.  Hilton, who is openly gay, posted a photo of himself and his son on his site and expressed his excitement about fatherhood. He stated on the site, “I am so humbled to welcome this little man into my life. And I am honored and ready for the challenge of guiding him through his.” 

In a 2009 interview Hilton told the Los Angeles Times that he wanted to be a father before her turned 35 and that he had “investigated surrogates.”  However, at this point he has not disclosed whether the child was adopted or carried by a surrogate.    All he will say right now is that he is “blessed” to have his son in his life.  Many of his celebrity friends took to Twitter to congratulate him, with sentiments such as “welcome to the club!” and “let us know if you need any baby tips!”

In lieu of sending gifts, Hilton has asked that his fans make donations to VH1s Save the Music Foundation and the Gay, Lesbian, & Straight Education Network.

If you are interested in using a surrogate or finding a good surrogacy agency or surrogacy lawyer in Los Angeles or the rest of California, please call 310-598-6428 or email Rose@PondelLaw.com

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?"