FAQs

This is an unprecedented time during which every aspect of our lives is being impacted. For people involved in assisted reproduction, the current chaos can be particularly unsettling. We at The Wald Group are aware of how stressful this moment is for many of our assisted reproduction clients/potential clients. We are paying very close attention and are ready to help in whatever ways we can.

Q:  I (or my egg donor) was supposed to start on cycle medications next week for an egg retrieval procedure. / I (or my surrogate) was scheduled for an embryo transfer next week. Will I be able to move forward?

A: Every fertility clinic is determining for itself which procedures to continue with and which to cancel.  Based on our conversations with several Bay Area clinics, it is our understanding that – for the most part – if cycle medications already had been started the egg retrieval and/or embryo transfer cycle probably will be allowed to continue, but that no new cycles will be started until things settle down a bit.  This is consistent with the current recommendations of the American Society for Reproductive Medicine (ASRM) which may be found here.  However, you should contact your clinic directly to get specific answers about your particular medical situation.

Q: I have a baby due in April/May/June/July via surrogacy. With the courts closed, will I still be able to get my pre-birth Judgment of Parentage?

A: In most counties, the courts are not actually closed; they are just closed to the public in order to protect both the public and court employees from risk of transmission of the COVID-19 virus. Most counties still have a system set up for the filing of legal pleadings, although delays in processing are anticipated. County-by-county information about court procedures may be found here. The Wald Law Group is keeping careful track of filing procedures in all counties we serve, and are standing by to help make sure that everyone is able to obtain the court documents they need in a timely manner.  Please don’t hesitate to let us know if we can be of assistance.

Q: My surrogate and I don’t live in the same state/country. Will I be able to travel to be present at the birth and bring my baby home?

A: Needless to say, limitations on travel are changing from one day to the next. The Wald Law Group is in daily communications with lawyers around the USA and around the world to make sure we have the latest information on what is happening. If you are worried about how you will get to your baby, or how you will get your baby home, please contact us immediately. We will be glad to help with a customized solution to whatever logistical problems you are facing.

Q: I read that hospitals are limiting admission to just the patient, not allowing in any visitors or support people. I am an Intended Parent, and a surrogate is giving birth to my baby (or I am a surrogate giving birth to a baby for the Intended Parent(s)). Will I/the Intended Parents be allowed to be present for the birth?

A: Each hospital is setting its own policy about who will be allowed inside, but here is our experience so far: Some hospitals are, indeed, turning away everyone but the actual patient, but many are making exceptions and allowing a limited number of family members to be present for births and deaths. In addition, although many hospitals are setting a strict limit of one support person per patient, some hospitals are agreeing that for surrogate deliveries they will allow one support person for the surrogate and one support person for the baby. The bottom line is that you will need to address this situation with the specific hospital in which you expect the delivery to take place. We are available and ready to help with this in any way we can.

© March 2020 Deborah H. Wald & Alexander M. Totto

DISCLAIMER: This article is intended to provide general information about selected legal topics. The information provided is not legal advice, and is published for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of this information is not intended to create an attorney-client relationship between the sender and the receiver. No reader should act on information contained in this article without obtaining the specific advice of legal counsel. The attorneys at The Wald Law Group, P.C. are licensed to practice law in the State of California, and do not offer advice as to the laws of any other state.