Law Offices of Lei, APC FindLaw IM Template2026-06-23T17:10:53Zhttps://www.bllaws.com/feed/atom/WordPress/wp-content/uploads/sites/1103696/2024/03/cropped-site-icon-Lei-32x32.jpgOn Behalf of Law Offices of Lei, APC<![CDATA[How early should you prepare a pre-birth order during a surrogacy?]]>https://www.bllaws.com/?p=481062026-06-23T17:10:53Z2026-06-23T17:10:53ZThe moment you see a positive pregnancy test during your surrogacy journey is one you will never forget. Joy and relief rush in all at once. But soon after, a natural question comes to mind: When do you officially become your child's legal parent? The answer starts with a pre-birth order and understanding what it is and when to prepare it can give you real peace of mind throughout the pregnancy.
What is a pre-birth order?
A pre-birth order (PBO) is a legal document a court issues during a surrogacy pregnancy that declares you as your child's legal parent from the moment of birth. In a surrogacy arrangement, up to six people can potentially claim parental rights over your child. Without a PBO, that legal ambiguity puts your parental rights at risk. The order clarifies custody, decision-making rights and who the court names on the birth certificate, while also removing parental responsibilities from your surrogate. With that in mind, the next natural question is when you should start preparing one.
When should you start the process?
Establishing parental rights through a PBO takes time, which is why starting early makes all the difference. In fact, you should start preparing your pre-birth order during the second trimester, around weeks 12 to 20. Navigating court schedules and gathering required affidavits takes time. This is why starting early with your legal team helps make sure the signed order is ready well before your baby's due date. Knowing the right time to start is helpful, but breaking the process into clear stages makes it even easier to follow.
A timeline to keep you on track
Understanding the timing is one thing, but knowing what happens at each stage makes the process much clearer. Your pre-birth order follows a step-by-step path that runs alongside your surrogate's pregnancy. Here is what each stage looks like:
Pre-conception: Talk with a legal professional before medical procedures begin to map out your full legal plan.
First trimester: Start gathering all legal documents your attorney will need to file in court such as consent forms and surrogacy agreements.
Second trimester: Your attorney files the necessary paperwork with the court on your behalf.
Third trimester: A judge reviews and signs the order, typically around the seventh or eighth month.
Delivery day: The finalized order goes to the hospital and the state's vital records department, officially naming you as your child's legal parent.
Each stage builds on the one before it, so staying on schedule keeps the process running smoothly. With your timeline in place, the focus can shift to what this preparation really means for you and your growing family.
Protect your parental rights from day one
Preparing your pre-birth order early removes uncertainty for you and your surrogate. When you file your paperwork ahead of schedule, you can focus on what truly matters, welcoming your baby into the world. The earlier you start gathering documents and aligning with your team, the smoother the process becomes for everyone involved. Your child deserves to come home with everything already in place, and a little preparation early in the pregnancy makes that possible. ]]>On Behalf of Law Offices of Lei, APC<![CDATA[After divorce, who makes critical decisions for a child?]]>https://www.bllaws.com/?p=481042026-06-21T09:51:32Z2026-06-21T09:51:32ZAfter parents get divorced, they still have to make important decisions on a child's behalf. If a child gets sick, they have to decide where to take them for medical care. If they suffer an injury, they need to work with the medical team to authorize certain treatments or surgeries. If the child reaches school age, parents have to decide where to enroll them. There are many examples of these important decisions.
This can be addressed during a divorce, and it is part of the child custody order. While physical custody in California determines where the child will live and which parent will be with them, legal custody addresses the parents' authority to make decisions for their child, often regarding healthcare, education, welfare, religion and more.
What if parents share custody?
When parents share legal custody or have joint legal custody, they have to work together.For example, you may find an ideal school near your house where you want to enroll your child. But if you share legal custody with your ex, then the two of you have to agree on that school. Your ex also has a say in your child’s educational future, and you cannot simply choose on your own where the child will be enrolled.That said, a court can also establish sole legal custody. Even if both parents share physical custody, a court may select one parent to make major decisions independently.As such, every divorce case is unique. It is very important for parents to understand exactly what legal options they have, especially if a dispute arises.
]]>On Behalf of Law Offices of Lei, APC<![CDATA[Making thoughtful plans for residual embryos after surrogacy]]>https://www.bllaws.com/?p=481022026-06-04T17:07:07Z2026-06-04T17:07:07ZWhat options do parents have?
Those growing their families through surrogacy typically need to sign very thorough contracts. These agreements help establish parental rights and ensure the protection of everyone involved in a surrogacy arrangement.
Having specific plans in place for any unused embryos can prevent unexpected expenses and disputes from arising in the future. Parents can agree to continue paying for embryo storage in case they choose to have more children in the future.
They can also arrange for the donation of their embryos to others who may not have viable embryos or the ability to donate gametes. Some couples even opt for the destruction of unused embryos.
There are financial and personal implications for each of these options. Couples often need to discuss the matter carefully before choosing what works best for their personal beliefs and preferences.
Partnering with a surrogacy lawyer makes it easier for those growing their families through assistive reproductive technology to understand their options. The right contract terms can protect aspiring parents from emotional challenges and future legal disputes.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Can a prenup protect inheritance rights?]]>https://www.bllaws.com/?p=481002026-05-29T15:56:41Z2026-05-29T15:56:41ZGetting married is exciting, but it also brings practical questions. One of the most common is whether a prenuptial agreement protects what you inherit. The short answer is yes, but it depends on how you write the prenup and the laws in your state.
Prenups and inheritance in California
When you marry in California, the state considers most assets you gain during the marriage to belong equally to both partners by law. This makes protecting your inheritance even more important. California law generally treats an inheritance as separate property. However, that protection can disappear quickly if you do not handle the money carefully. A prenup gives you an extra layer of security by putting in writing exactly what belongs to you, so no one can dispute it later.
How inheritance fits in
Things become complicated when you mix inherited money with shared marital funds. For example, if you deposit an inheritance into a joint bank account, the law may treat it as shared property. A well-written prenup can prevent this. It can clearly state that any inheritance you receive — now or in the future — will remain yours alone, regardless of how you manage it during the marriage.
What a prenup can and cannot do
A prenup is a powerful tool, but it does have limits. Here is what you need to know before signing one.A prenup can:
Protect existing inheritances from division in a divorce
Shield future inheritances from becoming marital property
Preserve assets intended for children from a previous relationship
A prenup cannot:
Override a valid will or change the rights of heirs named in an estate plan
Hold up in court if someone signed it under pressure or without full financial disclosure
Understanding these limits is just as important as knowing the benefits. A prenup works best when it is part of a broader estate plan, not a substitute for one.
Why you should hire an attorney
Writing a prenup on your own is risky. A single unclear sentence can make the whole agreement unenforceable. An experienced family law attorney ensures your prenup is legally sound, fair and tailored to your specific situation. They can help you understand California's community property laws, negotiate terms confidently and fully protect your inheritance. The cost of hiring an attorney upfront is far less than losing your inheritance later in court.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Traditional surrogacy vs. gestational surrogacy]]>https://www.bllaws.com/?p=480962026-05-27T16:00:55Z2026-05-27T16:00:54ZMethods of surrogacy have changed over the years. Some traditional options are still used, but they are less common than more modern approaches.
Traditional surrogacy occurs when the sperm from the intended father—or a donor—is used to artificially inseminate the surrogate herself. The surrogate’s own eggs are used to establish the pregnancy. She then carries the baby, gives birth and transfers custody to the intended parents.This means that the surrogate is biologically related to the child. She and the child share DNA because her eggs were used in the pregnancy. Advances in reproductive technology have caused this option to become less common than it once was.
Gestational surrogacy
The biggest shift over the decades has been toward gestational surrogacy, which is now the more common approach that most prospective parents choose.With gestational surrogacy, the surrogate does not provide the egg. Instead, both the egg and sperm are obtained from other individuals, such as the intended parents or donors. An embryo is then created from this material and implanted into the surrogate, who carries the baby to term.A major difference is that, although the gestational surrogate carries the child and gives birth, she does not share DNA with the baby and is not considered the child’s biological mother.
The surrogacy process
Are you and your partner interested in surrogacy, and have you begun exploring your options? The process can be legally and emotionally complex, but it may provide a path toward building the family you have been hoping for. It is often beneficial to work with an experienced attorney while navigating these important decisions.
]]>On Behalf of Law Offices of Lei, APC<![CDATA[How to create a budget with your co-parent]]>https://www.bllaws.com/?p=480942026-05-13T14:43:37Z2026-05-13T14:43:37ZManaging shared expenses is one of the causes of conflict among co-parents. Failing to plan for child-related expenses earlier can be risky. An effective budget can substantially contribute to smooth co-parenting.
So, how can you and your co-parent create a budget?
Be prepared
Agree on when and where to have the first meeting to discuss child-related expenses. Each of you should prepare by gathering relevant financial documentation, including pay stubs, tax returns, a list of child-related expenses and receipts. When creating your list of child-related expenses, review bank statements and receipts from past months to know what to include. You can use categories and then list individual expenses below. Examples of categories are daily basics, healthcare, education, extracurricular activities and other costs (technology, entertainment, etc.).At the meeting, go through every document to have a clear picture of each other’s current finances and to ensure you are on the same page about child-related expenses.
Choose a formula for splitting expenses
Considering the information shared, agree on the percentage each of you will contribute to shared expenses based on income. An example of a common formula used is: A parent’s individual income divided by the total combined income of both parents, and then the number is multiplied by 100 to get a fair percentage.
Choose a payment system
You can calculate your child’s total monthly expenses, and then each parent contributes their share to a joint account by an agreed-upon date. Or you can assign each other categories, for example, one parent pays for healthcare expenses while the other covers education.Other payment systems are one parent paying for an expense and then submitting the receipt to the other for reimbursement and using an app to manage each shared expense.Besides the initial budget creation, you and your co-parent may need to meet regularly to review expenses. Learn more to communicate effectively and make informed decisions throughout. ]]>On Behalf of Law Offices of Lei, APC<![CDATA[What should parents and surrogates know about pay and tax rules?]]>https://www.bllaws.com/?p=480912026-04-30T13:46:54Z2026-04-30T13:46:54ZSurrogacy brings the promise of parenthood to excited parents in Irvine, California, but the financial side involves more than just paying a surrogate. The IRS treats different surrogacy payments in very different ways and many people discover this too late. Misunderstanding these tax rules can cost both parties thousands of dollars in unexpected tax bills and penalties.
The difference between reimbursements and taxable compensation
The IRS separates reimbursements for pregnancy-related expenses from compensation for services. Under Internal Revenue Code Section 61, all income becomes taxable unless the law specifically excludes it.The IRS changed its reporting rules on January 1, 2026. The amount that triggers tax paperwork went up from $600 to $2,000 under a new law called the One Big Beautiful Bill Act (OBBBA). Intended parents must send a tax form called 1099-NEC to a surrogate only if her pay goes over $2,000 for the year. Surrogates must still report all their income to the IRS even if they never get this form.
What counts as taxable vs. non-taxable payments
Knowing which payments trigger tax duties helps both parties plan ahead:
Non-taxable reimbursements: Medical bills, prenatal vitamins, maternity clothes and mileage
Taxable compensation: Base surrogate fee, monthly allowances and pain and suffering payments
Unclear categories: Payments for invasive procedures and pregnancy complications
The unclear categories often need guidance from tax professionals who know surrogacy.
California insurance lien risks
California remains a "lien state" after Governor Newsom vetoed a bill called SB 257 in October 2025 that would have stopped this practice. If a surrogate uses her own health insurance to cover pregnancy costs, her insurance company can take money directly from her surrogate pay to get their money back. This amount can reach between $15,000 and $25,000. Intended parents in Irvine need to make sure this hidden cost is in their contracts.
Documentation requirements that protect both parties
Complete paperwork keeps reimbursements separate from taxable income. Surrogates need to save receipts for all pregnancy expenses. Intended parents need copies of every payment they make and a contract that clearly labels which payments are reimbursements and which are pay for services. Without this, the IRS may treat surrogacy reimbursements as income and tax them.
Why legal and tax guidance matters
An attorney who knows assisted reproductive technology (ART) law can structure your surrogacy agreement to define payments clearly. They ensure you follow IRS rules and California insurance lien laws. Proper planning now prevents the financial nightmare of discovering gaps years later when you should be focusing on your child.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Is it time to replace your prenup?]]>https://www.bllaws.com/?p=480882026-04-27T18:38:38Z2026-04-27T18:38:38ZIf you’re like a growing number of Americans, you and your spouse put a prenuptial agreement in place before you married. California residents often get them because they can override community property requirements for property division agreements in divorce.
Your prenup likely addresses things like how your assets and debt will be divided if the marriage ends, which assets you brought into the marriage that you want to keep in divorce, how inheritances are to be handled and possibly even alimony (spousal support) requirements.If your marriage has been going along fine for a number of years, you may have almost forgotten about your prenup or maybe even assumed that it expired. (Note: They don’t expire unless a couple includes a sunset provision.)
What circumstances may warrant a postnuptial agreement?
That means the terms of your prenup (assuming they’re fair and legally valid) would be upheld if you divorced – even if they don’t reflect your current financial situation or your lives. For example, maybe you started a highly successful business or have a far higher income than you’d ever imagined. Maybe your spouse decided to stop working outside the home to raise the children.Those are just a couple of things that could warrant updating your prenup. While technically, you can’t modify a prenup after you’re married (as the name suggests), you can replace it with a postnuptial agreement.A postnup can also be wise if one spouse has accrued a considerable amount of debt that the other doesn’t want to be responsible for if the marriage ended. Postnups can also be valuable if a spouse has become disabled or seriously ill and unable to work or if one spouse contributed substantially to an in-law’s care or education.
It’s best to get a postnup while things are going smoothly
Whether divorce isn’t something you can even imagine or one or both of you are beginning to give it some thought, it’s always smart to at least review the terms of your prenup occasionally, ensure that they still reflect your lives and, if necessary, replace this agreement with a postnup that is agreeable and fair to both of you and will hold up in court if it has to. It’s best to do this while your marriage is on solid ground rather than wait until things get contentious. Things can change unexpectedly at any time. As with a prenup, it’s critical that each spouse has their own legal representative when dealing with any marital agreement to protect their rights and interests.]]>On Behalf of Law Offices of Lei, APC<![CDATA[3 terms that don’t belong in a prenuptial agreement]]>https://www.bllaws.com/?p=480862026-04-13T12:50:38Z2026-04-13T12:50:38Z1. Financial support waivers
Engaged couples can agree to limit alimony or spousal support in certain scenarios. However, they generally cannot agree to a blanket prohibition on a request for alimony in a prenuptial agreement. Additionally, neither parent can waive child support obligations, as that is a financial responsibility due to the child, not technically to the recipient parent.
2. Deeply personal details
Some of the most notorious celebrity prenuptial agreements have included unenforceable provisions about weight gain or one person’s appearance. Couples should avoid attempts to micromanage the relationship through a prenuptial agreement. The more unenforceable clauses they include in the contract, the greater the risk of litigation related to the agreement later.
3. Terms solely prioritizing one person
It is relatively common for prenuptial agreements to be imbalanced and therefore potentially unconscionable. Contracts generally need to offer something of value to both signing parties. Creating an agreement that solely focuses on the protection of the separate property or income of one spouse could lead to the courts invalidating the document later.
Spouses may need assistance as they review a prenuptial agreement or identify terms that protect them when they combine their lives. Working with a family law attorney can help spouses ensure that their prenuptial agreements are valid and enforceable.]]>On Behalf of Law Offices of Lei, APC<![CDATA[Can an egg donor request future contact with the child?]]>https://www.bllaws.com/?p=480842026-03-30T15:09:24Z2026-03-30T15:09:24ZEgg donation helps many families in California grow, but it also raises questions about future contact. Intended parents often want privacy and stability. Donors may wonder if they can stay connected. The answer usually depends on California law and the written agreement signed before the donation. Clear terms at the start help avoid confusion later.
Do donors have contact rights?
Under California law, egg donors generally do not have parental rights. The intended parents hold legal parentage from the beginning, especially when the process goes through a licensed clinic. This means a donor typically cannot demand visitation or ongoing contact with the child.Courts in California focus on intent and legal parentage. If the arrangement follows standard medical and legal steps, the donor does not become a legal parent. Informal arrangements can create gray areas. However, they still rarely give donors enforceable contract rights without a clear agreement.
What does the contract allow?
The egg donation contract governs most issues related to future contact. Many agreements require anonymity and no contact. Others allow limited updates or contact through a third party. Some may permit direct contact when the child reaches a certain age.California courts often respect these agreements if they are clear and signed voluntarily. If the contract says no contact, the donor usually cannot later request it. If the agreement allows some form of contact, the terms in that document guide what parties can do.When the contract does not address contact, disputes may arise. That is why precise language matters. It helps define expectations and reduces the risk of future conflict.
How an attorney protects everyone involved
An attorney can draft a strong agreement that reflects California law. They can explain how parentage works and confirm that the intended parents' rights stay protected. They can also help donors understand what they are agreeing to before signing.Legal guidance may prevent misunderstandings. It can also make the agreement more likely to hold up in the event of a dispute. With clear terms in place, all parties can move forward with confidence and focus on building a stable future for the child.]]>