Opening a Case With Your State Agency

Assisted reproduction helps many families grow, but it also raises questions about who owes what—before birth, at birth, and years later. Clear agreements and early court orders are the difference between smooth support and expensive litigation.

Map the roles. Four roles matter: (1) intended parent(s), who plan to raise the child; (2) gestational carrier (surrogate), who carries the pregnancy but has no genetic link in a gestational surrogacy; (3) genetic contributors (egg or sperm donors); and (4) agencies/clinics. In most states, donors are not legal parents if statutory requirements are met; intended parents are. But details vary widely, particularly with known donors and traditional surrogacy (where the carrier’s egg is used). Get state‑specific advice before proceeding.

Pre‑conception agreements. A written, independent‑counsel agreement should cover: medical screening and decision‑making; payment of IVF/medication costs; insurance; travel; bed rest and lost wages; life and disability coverage; confidentiality; and what happens if cycles are cancelled or embryos are unused. Spell out that the intended parents are responsible for child support and that donors have no parental rights or duties, consistent with state law.

Parentage orders. Where available, obtain a pre‑birth order declaring the intended parents as legal parents and directing the hospital to place their names on the birth certificate. In other places, post‑birth adjudications or second‑parent adoptions are required. Do not rely on clinic forms alone; court orders carry the weight you need for later support, insurance, and passports.

Medical and pregnancy‑related costs. Agreements should allocate all pregnancy costs—insurance premiums, co‑pays, deductibles, uncovered care, and postpartum expenses—and require timely reimbursement with receipts. If the gestational carrier loses insurance or a policy excludes surrogacy, the intended parents should secure coverage or an escrow account to avoid treatment interruptions and personal liability for the carrier.

Known donors and boundaries. For known donors within a friend or family circle, be explicit: no parenting role, no visitation, and no child support obligations unless everyone intends otherwise and obtains a court order establishing parentage. Ambiguity invites claims later. If a known donor will have a relationship with the child, define it as a “donor‑conceived relative” relationship outside legal parentage to avoid blurring support lines.

Clinic and agency records. Keep copies of consents, lab reports, embryo transfer records, and communications. If the case crosses state lines, you may need certified copies for recognition elsewhere. Protect privacy—store records securely and share only what courts or agencies require to update parentage and insurance.

If things go sideways. If the intended parents separate during pregnancy, most courts still designate them as legal parents responsible for support once the child is born. Build contingency clauses: who pays ongoing medical bills during the dispute, and who advances funds from escrow. If a donor seeks parental status contrary to the agreement, move quickly to enforce statutes and orders that protect the intended‑parent framework.

Taxes and benefits. Reimbursements to a carrier are typically not taxable wages when structured correctly; consult tax counsel and use an escrow agent experienced in surrogacy. After birth, add the child to insurance promptly and set up support and medical support in a standard order, just as with any other family—clarity prevents later confusion when agencies or schools ask for paperwork.

Bottom line. In assisted reproduction, paperwork is parenting. Get independent counsel, a compliant agreement, and a court order establishing parentage. Allocate medical costs precisely, keep records, and you’ll set the child up for seamless support from day one.