GESTATIONAL SURROGACY LAW WISCONSIN

Is Gestational Surrogacy Legal in Wisconsin?

Yes. A 2013 case, Paternity of F.T.R., Rosecky v. Schissel (2013) expressly permits traditional surrogacy and in practice, implicitly permits gestational surrogacy. Surrogacy contracts will be upheld as long as they are not contrary to the child’s best interest.

Is Traditional Surrogacy Legal in Wisconsin?

Yes. In the 2013 published surrogacy case, Paternity of F.T.R., Rosecky v. Schissel, the Wisconsin court held that a traditional surrogate could not be required to relinquish her parental rights, but that provisions in the contract regarding the child’s custody, placement, and visitation can be upheld, so long as they are in the child’s best interest.

Is Compensated Surrogacy Legal in Wisconsin?

Yes. Compensated surrogacy is legal in Wisconsin; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Wisconsin Surrogacy Contract

There are no Wisconsin surrogacy laws that address surrogacy contracts, other than the published case that states they are enforceable when drafted in the child’s best interest.

Both the surrogate and the intended parents must be represented by separate surrogacy attorneys to ensure each party’s rights and interests are protected. These attorneys will negotiate a contract that addresses at least the following:

• Each party’s rights and responsibilities during the process
• Risks and liabilities
• Surrogate compensation and other financial information
• Contact expectations before, during, and after the surrogacy process
• A plan for the baby’s delivery

Once the agreement is finalized and signed by both parties, the medical process of surrogacy can begin.

Determining Legal Parentage in Wisconsin

Pre-birth orders are issued by most judges in Wisconsin, but they are considered “interim” interlocutory orders. An additional final order must be issued after the child’s birth to facilitate obtaining the birth certificate.

Pre-birth parentage orders are available in certain situations in Wisconsin, but results vary greatly by judge and county. A pre-birth order is only certain to be granted when the intended parents are a married heterosexual couple who are both genetically related to the child or when it is a single parent who is genetically related to the child. In all other situations and circumstances, a parentage order is likely to be granted, but not certain.