Gestational Surrogacy Regulations in Wisconsin

Overview

Gestational Surrogacy is implicitly permitted in Wisconsin through published case law
(Rosecky v. Schissel, 833 N.W.2d 634). The court concluded that surrogacy contracts are
enforceable unless contrary to the child’s best interest.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy and Traditional
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) (specifically the alleged (biological) father) or GC are residents of Wisconsin, there is basis for venue in Wisconsin. There is also basis for venue in Wisconsin if the child is born in Wisconsin* ´

Embryos

Intended Parents own sperm:
Yes*
Intended Parents own eggs:
Yes*
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational Surrogacy and Traditional
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Wisconsin:
Yes
Birth outside of Wisconsin:
Yes

Pre-Birth Orders can be obtained in certain counties and in certain situations, however, Post
Birth Orders are also required.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes

General Information

Will Wisconsin Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
4 – 14 days
How are same-sex parents named on the final birth certificate:
Parent 1 and Parent 2
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Wisconsin Residents:

*This situation typically arises if the child is born outside of Wisconsin. The parents then return to Wisconsin to obtain a second parent adoption or stepparent adoption in Wisconsin. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Wisconsin?

*Traditional Surrogacy is expressly permitted by published case law, Rosecky v. Schissel, 833 N.W.2d 634. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.