Surrogacy in Wisconsin

Gestational Surrogacy in Wisconsin

Surrogacy is legal in Wisconsin. Wisconsin’s Supreme Court ruled in the 2013 case of Paternity of F.T.R., Rosecky v. Schissel that surrogacy contracts are enforceable so long as they are not contrary to the best interests of the child.

Understanding Surrogacy Laws in Wisconsin

Legal Parentage

In Wisconsin, typically, intended parents, regardless of marital status, can obtain parentage orders placing their names on the birth certificate so long as one parent is genetically related to the child. If neither intended parent is genetically related to the child, a parentage order may be granted but this will depend on the particular county and judge. Additionally, while parentage orders are often issued pre-birth, they are considered “interim” orders and require a subsequent, final order issued after the child’s birth to facilitate obtaining the birth certificate. Finally, in many cases a hearing is required where all parties may be expected to appear. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Wisconsin Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Wisconsin Surrogacy Law

Do You Need a Medical Need for Surrogacy in Wisconsin?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Wisconsin if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Wisconsin permits married couples, partners and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Wisconsin, it may be possible to obtain parentage if neither parent is genetically linked to the embryo, but the answer varies dramatically by county. It is more common that at least one parent needs a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Wisconsin?

Yes, international parents can pursue surrogacy in Wisconsin. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Wisconsin allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Wisconsin. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Wisconsin?

Intended parents do not need to be Wisconsin residents to carry out a surrogacy journey in Wisconsin. However, the gestational carrier is required to reside in Wisconsin and give birth in Wisconsin for Wisconsin laws to apply.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

There are no Wisconsin laws relating to the rights of surrogates. Learn more about surrogate rights.