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Surrogacy

Surrogacy can be a life-changing gift. It is a beautiful way to help others enjoy the blessings of parenthood. It can be a great solution for those struggling to become parents.

The Law Center has been handling surrogacies for nearly 20 years. One of the firm’s founders, Lynn J. Bodi, is a national leader in this area of law, having co-founded and operated a surrogacy coordinating program for years before selling it in 2017. She has also helped to draft proposed legislation for surrogacy in Wisconsin and a national ethics code for surrogacy and adoption lawyers. She has also acted as an expert witness in a Wisconsin Supreme Court case addressing health insurance coverage for surrogates. We are very proud of Lynn’s leadership in this area of law.

Our surrogacy team, led by Lynn, has the qualifications and experience to handle these cases. We have been involved in hundreds of surrogacy cases, representing and advising intended parents, surrogates, coordinating programs, hospitals, and fertility clinics. We understand the importance of timeliness, precision, and compassion in these cases.

We offer free initial consultations in this area of law and can help answer the following questions about surrogacy in Wisconsin:

  • Is surrogacy legal in Wisconsin?
  • I would like to help another family have a child through surrogacy. How do I get started?
  • Do the intended parents have to be the genetic parents?
  • Can an unmarried person become a parent through surrogacy?
  • We think we have matched with a surrogate. What is next?
  • What should we plan for in the Surrogacy Agreement?
  • Is the Surrogacy Agreement enforceable?
  • What if the intended parents live in another state or country?
  • How are the insurance issues handled?
  • How do we make sure that the baby has the intended parents on his or her birth certificate?
  • How do we make sure that the surrogate is not responsible for child support?
  • What if the surrogate changes her mind and wants to keep the baby?

The following is a basic timeline for a gestational surrogacy case:

  • Carrier and intended parent or parents are matched (either on their own or through a coordinating program)
  • Medical clearance of carrier
  • Psychological evaluations and counseling
  • All parties retain attorneys
  • Review of carrier’s health insurance policy to determine whether maternity care provisions attempt to exclude surrogate pregnancies
  • Surrogacy Agreement is drafted, revised, and signed
  • Legal clearance is sent to fertility clinic
  • Embryo transfer(s)
  • Conception/confirmation of pregnancy
  • Parentage pleadings are filed with the Wisconsin court pre-birth
  • Hearing date is scheduled pre- or post-birth, depending on the facts
  • Child is born
  • Parentage hearing
  • If successful, the parentage order is signed and a revised birth certificate with the intended parent’s or parents’ names is obtained from Wisconsin Vital Records
  • International clients – apostille requests sent to Wisconsin Secretary of State
  • International clients – appointment is scheduled to obtain a U.S. passport for the child

We have substantial experience in international surrogacy arrangements, as well.  For more information, click here.

Photos on this page are copyrighted by Natural Intuition Photography, Madison, WI, All Rights Reserved, 2020.