I recently sat down with Janene Oleaga, a family formation attorney and reproductive rights advocate, to discuss why prenuptial agreements are becoming essential tools for modern couples, especially those navigating assisted reproductive technology (ART). Janene flew in from Maine to share her expertise on how prenups have evolved from outdated stereotypes into powerful instruments for equity and transparency in marriage. We explored why millennials and Gen Z are leading the charge in requesting prenups, how these agreements protect women's unpaid labor, and why discussing finances early can actually strengthen your relationship.Throughout our conversation, Janene emphasized that prenuptial agreements aren't just about divorce - they're about managing expectations, establishing financial equity, and planning for your family's future. We dove deep into embryo disposition clauses, the critical importance of separate legal counsel, and how these conversations can prevent devastating litigation down the road. Janene also shared insights on fertility insurance mandates, the current state of surrogacy laws, and her vision for expanded access to reproductive care. Whether you're considering IVF, planning your wedding, or simply want to protect your family's future, this episode offers invaluable guidance from a true expert in the field.
Key Highlights:
💍 The Prenup Renaissance: Janene explains why prenuptial agreements are being rebranded as tools for equity rather than signs of distrust, with millennials and Gen Z leading the conversation about transparency and financial planning in marriage.
🧬 Embryo Clauses Save Families: Learn why including an embryo disposition agreement in your prenup is crucial for couples pursuing IVF, how New York's statute provides a strong framework, and why early conversations prevent heartbreaking litigation over frozen embryos during divorce.
💰 Compensating Women's Work: Discover why more women are initiating prenups to ensure they're fairly compensated for taking time out of the workforce, staying home with children, and performing unpaid labor that traditionally goes unrecognized and undervalued.
⚖️ Managing Expectations Prevents Divorce: Janene shares how prenups aren't just about what happens if you divorce - they're about steering the course of your marriage, avoiding arguments, and ensuring both partners are aligned on critical issues like finances, childcare responsibilities, and family planning.
🏥 Fertility Insurance Mandates Matter: Hear about the success of fertility insurance mandates in states like Maine and New York, why they're essential for expanding access to care, and what legislative advocacy is needed to support families facing infertility across all income levels.
🤰 Surrogacy's True Story: Janene addresses recent negative headlines about surrogacy, emphasizing that while bad actors must be exposed, the vast majority of surrogacy journeys result in beautiful families and that broad-stroke condemnation unfairly stigmatizes a legitimate path to parenthood.
👥 Build Your Team with Intention: Whether you're pursuing IVF, surrogacy, or simply planning your future, Janene stresses the importance of choosing team members - from attorneys to doctors to mental health counselors - who align with your values, ethics, and expectations for your fertility journey.
🔗 Connect with Janene Oleaga on Instagram @ivfesq
🌐 Visit Janene's website at ivfesq.com
📚 Learn more about New York's embryo disposition statute that Janene references
🎯 Explore fertility insurance mandates and legislative advocacy resources in your state
