International and Domestic Clients
Our clients are heterosexual couples, same-sex couples, and single intended parents, from all over the world, as well as gestational carriers (surrogates), egg donors, sperm donors, and embryo donors in any of the states in which we practice.
International Clients
International intended parents are traveling to the U.S. to have children through surrogacy in increasing numbers every year. They do so, in part, because of the safety of our matching programs and legal system. Our role at Midwest Fertility Law Group is to provide our international clients with the expertise and reliability they need to give them confidence that they can travel home with their baby as soon as is reasonably possible after their baby is born.
In each of our jurisdictions, surrogacy is legal and there is a proven, reliable path to parenthood for intended parent(s). We guide our international intended parent(s) through each step of the journey to legal parenthood, which includes working in concert with attorneys in their home countries to ensure that intended parent(s) have the appropriate documentation (judgments, birth certificates, apostilles, affidavits of law) that they need from the U.S. to obtain legal status, citizenship and parentage for their children born here.
Domestic Clients
Midwest Fertility Law Group represents intended parent(s) from everywhere in the U.S. and gestational carriers in the many states in which we are licensed. The manner in which intended parent(s) are granted parentage depends on the state in which the gestational carrier gives birth. We navigate the different procedures and courts in each state to obtain parentage judgments, adoption decrees where appropriate, and birth certificates in the names of the intended parent or parents.
Egg and sperm donation requires that the parties enter into legal agreements so that the intended parent(s) gain ownership and control over the eggs or the sperm which is the subject of the donation. We represent intended parent(s) or donors in these matters. We advise our clients about their rights and obligations to the arrangement as well as their donor’s rights and obligations to the arrangement, and work closely with the agency and/or fertility clinic to ensure a smooth process. The result is a timely and complete agreement that ensures that the intended parent(s) are the sole legal parents of any child that is born as a result of the donation, and that the donors do not have any residual parental rights.
We represent embryo donors or embryo recipients in embryo donation arrangements. Embryo donation or embryo disposition agreements should be thoughtfully crafted and be the product of a separate contracting process in which the parties are prompted to seriously consider what the best result is for their frozen embryos, not only for them but for any resulting children.
We have experience representing parties in disputes over frozen embryos. We recognize that any dispute over frozen embryos is best resolved by agreement. However, we are prepared to litigate these disputes, as we have successfully done in the past.
We represent fertility clinics. We are a valuable resource for clinics to draft informed consents and disclosure forms, advise when disputes arise with patients, and to answer the difficult questions that inevitably arise in this constantly evolving field of ART law.
We recognize that intended parents, gestational carriers and donors who are on independent journeys may present different challenges than those who are guided by a surrogacy or egg donation agency or matching program. We are sensitive to those differences and ready to offer our legal advice and support to resolve issues that may arise.
Our experience in third-party reproduction and our experience giving counsel to agencies allows us to give cogent, effective advice to our Agency and Matching Program clients. It is important for agencies to have expertly drafted service agreements, intake forms, and benefit packages. We understand that communication and responsiveness are the keys to maintaining healthy relationships between agencies and their clients. We are well-equipped to help agencies develop protocols to maintain those standards and minimize disputes with their clients.
We often are called upon by other lawyers in other practice areas to assist when matters arise regarding parentage of children born via assisted reproductive technologies or when arrangements need to be made for frozen embryos. Whether it’s an embryo disposition dispute in a divorce case or safeguarding embryo disposition through estate planning, we can ensure your clients’ wishes are addressed.