Wisconsin Surrogacy Laws

Gestational and traditional surrogacy are both permitted in Wisconsin following the 2013 Wisconsin Supreme Court decision In re Paternity of F.T.R., Rosecky v. Schissel (Wis. 2013.).

The court held that surrogacy contracts are valid and enforceable. The Wisconsin court also held that provisions in the Wisconsin surrogacy agreement requiring the surrogate mother to relinquish all of her parental rights to the child were not enforceable.

Both gestational and traditional surrogacy are permitted and practiced throughout Milwaukee, Madison, Green Bay, and other Wisconsin cities.

Laws Concerning Parentage Orders in Wisconsin

Wisconsin allows for its courts to grant pre-birth parentage orders, but results can vary greatly by county. Most courts in Wisconsin will issue a pre-birth order to married, opposite-sex couples who are using their own eggs or sperm. However, this is typically viewed as an interim order, and a final parentage order is issued post-birth.

Egg and Sperm Donor Law in Wisconsin

Under Wisconsin statute, a sperm donor has no parental rights if the donation was provided to a licensed physician for use in artificial insemination (Wis. Stat. §891.40.). There is no statute or case law governing the rights, duties, or obligations of a person who donates an egg for the purposes of artificial insemination.

Wisconsin Stepparent and Second-Parent Adoption Law

Wisconsin statute allows for a stepparent to adopt their spouse’s child without terminating the parental rights of the other spouse as long as the couple is married and the other spouse is the legal parent of the child (W.S.A. 48.92.).

All other adoptions require the termination of the natural parent’s parental rights, including nonmarital partners.

Fertility Clinics in Wisconsin

Contact Baby Steps Surrogacy Center, Inc.

Wisconsin surrogacy laws don’t have to slow you down on your surrogacy journey. The professionals at Baby Steps Surrogacy Center, Inc. can help you navigate these choppy legal waters and achieve your ultimate outcome: completing your family. Call us at 412-884-2229 or reach us through the contact buttons at the top of this page.