Wisconsin

Surrogacy Law in Wisconsin

Wisconsin Surrogacy Law: Types of Surrogacy

In Wisconsin, gestational surrogacy is permitted by the Wisconsin Supreme Court decision Paternity of F.T.R., Rosecky v. Schissel.  The court concluded that surrogacy contracts are enforceable unless contrary to the child’s best interest. Pre-birth orders can be issued however a final order must be issued after the baby is born.  Courts are more favorable to married couples and a court appearance is most common.

Traditional (genetic) surrogacy is permitted in Wisconsin pursuant to the Supreme Court case of In Re Paternity of F.T.R., Rosecky v. Schissel.

We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the Wisconsin.

Are There Surrogate Requirements in Wisconsin?

No specific legal requirements exist to serve as a gestational surrogate in the state of Wisconsin.

Does Wisconsin Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Wisconsin do grant pre-birth orders.

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

No

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:

Yes

Single parents

No

Whose names go on the birth certificate in Wisconsin?

Parents will be listed on the birth certificate as “parent 1” and “parent 2.”

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents. A later amended version can list the two fathers as the legal parents. It cannot be expedited by the child being born in Wisconsin, but a second-parent adoption could probably be obtained out of Wisconsin and then documented in RI to update the birth certificate.

Surrogacy Conditions for Same-Sex Couples in Wisconsin

Are There Options for Unmarried Intended Parents in the state of Wisconsin?

Egg Donation Law

Under Wisconsin Statue. § 891.40, a sperm donor has no parental rights if the donation was provided to a licensed physician for use in artificial insemination. There is no analogous statute or case law for egg donors.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Wisconsin*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.