Welcome Carrot Fertility Members. Family Inceptions is now part of the Carrot Fertility Network. Click to read more.

Is Surrogacy Legal in Wisconsin?

Surrogacy Law in Wisconsin

Wisconsin Surrogacy Law: Types of Surrogacy

In Wisconsin, gestational surrogacy is permitted by the Wisconsin Supreme Court decision In re the 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.  A court appearance is most common.

Traditional (genetic) surrogacy was implicitly approved in Wisconsin pursuant to the Supreme Court case of In Re Paternity of F.T.R., Rosecky v. Schissel, but is not generally favored. The majority of surrogacy matters in Wisconsin are gestational surrogacy arrangements.

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: Most courts in Wisconsin do grant pre-birth orders but a final order must be issued in every matter after the child is born in order to obtain a birth certificate. Only one court hearing is, generally, required even though both a pre- and post-birth order can be obtained. Some judges will only grant a post-birth order.

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

  • Married heterosexual couples, using their own egg and own sperm

No

  • Unmarried heterosexual couples, using their own egg and own sperm*
  • Married heterosexual couples, using a sperm or egg donor*
  • Unmarried heterosexual couples, using an egg or sperm donor*
  • Same sex couples, using an egg or sperm donor*
  • Single parents using an egg or sperm donor*

 

*Whether orders can be obtained in the surrogate’s home county ultimately depends on the county and judge assigned.

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

  • Married heterosexual couples*
  • Married same sex couples*
  • Unmarried heterosexual couples*
  • Unmarried same sex couples*

*Whether orders can be obtained in the surrogate’s home county ultimately depends on the county and judge assigned.

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 another state to update the birth certificate.

Surrogacy Conditions for Same-Sex Couples in Wisconsin

Surrogacy is generally possible in Wisconsin for same-sex couples but venue should be chosen carefully after consultation with legal counsel and may require travel out of her home county on the part of the surrogate.

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

Yes, surrogacy parentage matters are filed under the paternity statutes at this time and establishing parentage is not limited to married individuals.

Egg Donation Law

Under Wis. Stat. § 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 for egg donors, but Torres v. Seemeyer, held that the sperm donation statute should be read in a gender neutral manner and applied to all married couples

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.