Wisconsin Surrogacy Laws & Policies

Category

Moderate

Gestational Surrogacy

Permitted. The Wisconsin Supreme Court in Paternity of F.T.R., Rosecky v. Schissel (2013) held that surrogacy contracts are enforceable unless they conflict with the best interest of the child.

Traditional Surrogacy

Permitted. In Rosecky v. Schissel, the court confirmed that traditional surrogacy is allowed, though the surrogate cannot be forced to terminate her parental rights before birth. Contracts can include terms about custody, visitation, and placement, as long as they are not contrary to the child’s best interest.

Pre-Birth Parentage Orders

Yes—many judges issue pre-birth parentage orders. These are interim/interlocutory, and a final order is still needed after birth to secure the birth certificate. If at least one intended parent is genetically related, both parents can often be declared legal in the pre-birth order under various scenarios (married heterosexual, unmarried heterosexual, same-sex couples) though outcomes may vary by county and judge. Even when no parent is genetically related, some cases allow both parents under pre-birth orders—though this is less consistent and very county-dependent.

Venue

Requirements for where to file include: the county where the gestational carrier resides, where the alleged father resides, or another relevant county depending on where the parties are “found” at the time of filing. Hearings are usually required; stipulated orders or surrogate appearance by telephone are possible in some cases, but generally all parties attend. If none of the parties live in Wisconsin (even if the gestational carrier will deliver there), pre-birth orders are not available.

Same-Sex Couples

On the final birth certificate, same-sex intended parents are listed as “Parent 1 and Parent 2.” International same-sex male couples can initially obtain a birth certificate naming the biological father and the gestational carrier. They can also later update the birth certificate to name only the biological father or both fathers, with no mention of the gestational carrier. If neither intended parent lives in Wisconsin, the non-biological parent cannot automatically obtain second-parent adoption based solely on birth in Wisconsin. However, if a second-parent adoption was done in another state, Wisconsin Vital Records will honor that adoption and add the non-biological parent to the birth certificate.

Birth Certificate Timing

About 4 to 14 days

Vital Records

To get a Wisconsin birth certificate listing both parents via surrogacy, the final court order must be issued (post-birth) even if a pre-birth order was used.