Surrogacy Laws in Wisconsin

Fast Facts

• Is Wisconsin a surrogate friendly state: Yes, but only for married heterosexual parents that are both genetically connected to the Child/ren.
• Can Parent(s) obtain a birth order without an adoption: Yes, but only for married heterosexual parents that are both genetically connected to the Child/ren. All other intended parents and family types will be dependent on the county and the judge as to whether they will be able to obtain a birth order without an adoption.
• Can birth order be obtained without a genetic connection to Child: Maybe, establishment of a birth order without a genetic connection will depend on the county and the judge.

Summary of Wisconsin Surrogacy Law

Wisconsin does not have any statute regarding surrogacy, but in a Wisconsin Supreme Court decision, In re. Paternity of F.T.R., the Supreme Court declared surrogacy agreements to be enforceable so long as it is not contrary to the best interest of the child. Thus, gestational surrogacy is permitted and Gestational Carrier Agreements are enforceable in Wisconsin.

In terms of establishment of parentage via a birth order, Wisconsin courts have regularly issued birth orders to married heterosexual couples who are genetically related to the child/ren. However, in all other situations, such as married same-sex intended parents who are genetically related to their child/ren, or intended parents intended parents who are not genetically related to their child/ren, whether the intended parents will be able to establish parentage and obtain a birth order will depend on the judge and county.