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.
