Do Prenups Cover What Happens to Embryos?

 Posted on July 28, 2025 in Divorce

As more couples turn to fertility treatments, questions about what happens to frozen embryos during a divorce are becoming harder to ignore. For some, these embryos represent the only chance of having biological children in the future. For others, they mean being attached to not only a child they do not want, but a spouse with whom they no longer want to parent a child. 

In Wisconsin, a prenuptial agreement (prenup) might seem like the perfect tool to settle this issue in advance, but the reality is more complicated. As of July 2025, Wisconsin courts do not always enforce prenups when it comes to decisions about embryos. If you and your spouse disagree later, the outcome could be left to a judge, making it even more important that you have a Dane County, WI divorce attorney who knows how to fight. 

Can Prenups Decide the Fate of Frozen Embryos in Wisconsin?

Prenuptial agreements can address many financial and property issues, but embryo custody is different. Courts are cautious because embryos are not simply property; they represent potential life, yet technically do not have personhood status. In Wisconsin divorces, judges tend to weigh the rights of both parties and consider whether enforcing an agreement would force someone to become a parent against their will.

If you and your spouse signed a prenup that specifies what should happen to embryos, the court may consider it as evidence of your intentions. However, it is not guaranteed to be binding. Judges will often decide based on factors like:

• Whether one spouse would be forced into parenthood.

• The circumstances under which the embryos were created.

• The potential harm to either party if the embryos are implanted or destroyed.

Divorce Cases Involving Frozen Embryos Are Sensitive and Unpredictable

Frozen embryos are about biology, but they are much more than that. They often carry years of hopes, plans, and dreams. When a marriage ends, deciding what to do with them can become one of the most emotional parts of the divorce. For some people, the thought of destroying embryos is unthinkable. For others, the idea of becoming a parent with an ex-spouse is equally impossible. The element of unpredictability that the new world of embryo "custody" introduces to a case makes it all the more difficult. 

Embryo custody disputes are not for the faint of heart. They require an attorney who is assertive, strategic, and willing to take on even the most complex family law battles. Our firm has earned a reputation for getting results in sensitive and high-stakes custody cases. Whether it means negotiating a divorce settlement involving frozen embryos or fighting your case in court, we are here to relentlessly fight for a divorce order that represents your best interests.

Contact a Rock County, WI Family Lawyer for Divorces with Frozen Embryos

When it comes to embryos and other sensitive family law issues, you need someone who will fight for you. Call a dedicated Dane County, WI divorce attorney for complex and contested divorces. Contact John T. Fields & Associates, LLC today at 608-729-3590 to discuss your options and protect your future.