If you are considering engaging in surrogacy, you may be thinking about embryos, matching, medical appointments, contracts, travel, finances, birth plans, and parentage, all before a pregnancy has even begun. At The Law Center, S.C., we help clients wade through all of this information, and in the right order.
We represent intended parents, surrogates (sometimes also referred to as gestational carriers), fertility clinics, surrogacy coordinating programs, and gamete donors with assisted reproduction matters. Families come in many forms, and careful surrogacy planning is the way to make sure the law protects the family everyone is working so carefully to build.
Start With Legal And Practical Planning
The first step is usually a conversation with a surrogacy professional.
Intended parents may begin by meeting with a fertility clinic, surrogacy agency or matching/coordinating program, or an attorney familiar with assisted reproduction. We recommend starting with an experienced surrogacy attorney. Such an attorney could be the one person in the entire surrogacy process whose loyalty is solely to you. Early legal guidance can help intended parents understand how the process should go, how Wisconsin handles surrogacy, what agreements will be needed, and what parentage steps will follow.
Wisconsin does not have one comprehensive surrogacy statute that answers every question. However, Wisconsin’s Supreme Court has recognized that surrogacy agreements are enforceable unless contrary to the child’s best interests. As such, surrogacy arrangements in Wisconsin are addressed through contracts, parentage proceedings, and case law. That makes careful drafting and local experience especially important. Practices and requirements can vary county to county.
Matching With A Gestational Carrier
Many intended parents work with an agency or matching/coordinating program to find a surrogate. Others may have an identified surrogate, such as a friend or relative. Either way, the match should be reviewed carefully before anyone moves forward.
This stage often includes medical screening, psychological screening, insurance review, criminal background information, and conversations about expectations. Intended parents and surrogates should discuss communication during pregnancy, travel, embryo transfer, decision-making, termination of pregnancy, compensation or reimbursement, and what everyone expects at the hospital. If the intended parents reside abroad, the parties should discuss what additional steps might be necessary in the legal process.
Drafting And Negotiating The Surrogacy Agreement
Before medications begin, and certainly before an embryo transfer, the parties should have a signed, written surrogacy agreement. The intended parents and surrogate should each have separate legal counsel of their choice.
The agreement should address medical decisions, embryo transfer, pregnancy expectations, compensation and expenses, insurance, confidentiality, risks, selective reduction or termination decisions, parentage steps, delivery planning, and what happens if circumstances change. If the intended parents do not reside in the United States, the parties should discuss very carefully the issues of travel for birth, citizenship, immigration, and requirements of the intended parents’ home country.
The parties should ask the hard questions before a pregnancy, so there is not uncertainty or conflict later. That is the point of the agreement. It is not to make the process feel cold or complicated. It is to make sure everyone understands the plan and expectations before medical steps begin.
Embryo Transfer And Pregnancy
Once legal clearance is complete, the medical team may proceed with embryo transfer. The clinic handles the medical timeline, including medications, transfer, pregnancy testing, and monitoring.
During pregnancy, the legal team may remain involved as needed. Questions can arise about insurance, expenses, communication, medical appointments, travel, lost wages, bed rest, or changes in the birth plan. The agreement should help guide those moments.
For intended parents, this stage can feel like waiting and preparing at the same time. There may be excitement, anxiety, and a strong desire to know what comes next. Clear communication helps.
For the surrogate, she should feel protected and supported during the pregnancy. A clear agreement helps.
Parentage Orders And Birth Planning
In Wisconsin, parentage must be handled carefully. There is no one set process for establishing parentage. The process depends on the county, and sometimes even the judge. In most cases, intended parents will need to obtain court orders before and after birth. Some cases involve an interim or pre-birth order, followed by a final parentage order after the child is born so the intended parents can be listed on the child’s birth certificate.
The exact process can depend on the county, the family structure, whether donor gametes were used, marital status, and the terms of the agreement.
Birth planning is also part of the timeline. The intended parents, the surrogate, their attorneys, the coordinating program, and the hospital should coordinate who will be present for the birth, who may receive information, who makes decisions for the baby, and how discharge will work. A Power of Attorney Delegating Parental Powers is often used at this stage, too.
After Birth
After the child is born, the final legal steps should be completed as promptly as possible. This may include final parentage orders, birth certificate processing, and any additional documents needed to confirm the intended parents’ legal relationship to the child.
The goal is simple: the child is safe and secure, with their legal parents clearly established.
Begin Surrogacy With A Clear Legal Plan
Surrogacy works best when the legal pieces are handled early, carefully, and with the child’s future in mind. The timeline can vary, but the need for clear agreements, parentage planning, and steady guidance does not.
The Law Center, S.C. helps intended parents, surrogates, and others in Wisconsin and around the world with surrogacy and assisted reproduction matters. If you are beginning the surrogacy process or reviewing next steps, contact The Law Center, S.C., to begin a conversation with Madison, WI surrogacy lawyers.