An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Wisconsin

Generally, is Wisconsin friendly to ART? Generally, yes. Wisconsin does not have surrogacy statutes, but surrogacy contracts are valid and enforceable. It is best to consult with a Wisconsin attorney to discuss your individual situation.

Is Wisconsin friendly to non-married couples?  Yes, generally.

Is Wisconsin friendly to LGBT families? Yes.

Is Wisconsin friendly to single intended parents? Yes.

Are there statutes in place for surrogacy in Wisconsin?  No.

Does Wisconsin have an embryo donation statute? No.

Does Wisconsin have an egg donation statute?  No.

In Wisconsin, is gestational surrogacy (third party gamete use) permitted? Yes.

In Wisconsin, traditional surrogacy (use of the surrogate’s genetic material) permitted? Yes.

In Wisconsin, is compensated (paid) surrogacy allowed by statute?  In practice? There is no statute on this topic. Compensated surrogacy is widely accepted in practice.

 In Wisconsin, is  non-compensated (expense reimbursement only) surrogacy allowed by statute?  In practice? There is no statute on this topic. Non-compensated surrogacy is widely accepted in practice.

Does Wisconsin only permit a Carrier to be reimbursed for expenses (non-compensated)? There are no limitations on what can be paid for a surrogacy.

Are surrogacy agreements enforceable, void or prohibited? Yes, agreements are enforceable so long as they are not contrary to the best interests of the child.

In Wisconsin, do both Intended Parents both have to be genetically related to the child? No.

Does Wisconsin require at least one Intended Parent to be genetically related to the child?  No.

If a single intended parent uses surrogacy, do they have to be genetically related to the child in Wisconsin? No.

 Does Wisconsin require Intended Parents to be married? No.

Does Wisconsin require Intended Parents to be opposite genders or opposite sex?   No.

Does Wisconsin allow pre-birth parentage orders to be issued for surrogacy? Generally, yes.  Some counties have declined to issue pre-birth parentage orders, but the majority allow them.

 Does Wisconsin only allow a post-birth parentage order to be issued? No.  There is a post-birth “final” order and a pre-birth parentage order, usually.  A few counties have limited parentage orders to be issued only after the birth.

 Can you obtain both a pre and post birth order in Wisconsin for the same child? Yes.

 Can you obtain a parentage order if only the carrier resides in Wisconsin?  Yes.

 Can you obtain a parentage order if only the intended parents reside in Wisconsin? Yes.

 Can you obtain a parentage order if only the birth occurs in Wisconsin? Maybe.  The party filing has to be physically present in Wisconsin when the petition is filed.

 Can you obtain a parentage order if only the medical procedures/IVF Clinic are in Wisconsin? No.

What is the basis for venue in Wisconsin? Residency of a party or the child.

Do results vary by venue in Wisconsin? Sometimes.

In Wisconsin, is a hearing required for a parentage order? Generally, yes.

Does Wisconsin have a passport office?  Yes.

How long does it take to obtain a birth certificate from Wisconsin?  1-2 weeks, usually. .

Will Wisconsin vital records honor a parentage order from another state?  Yes.

Does Wisconsin vital records office require a parentage order from another state to be registered?  No.

How does a Wisconsin birth certificate list same-sex parents?  Parent/Parent.

Can an initial birth certificate be obtained naming the biological parent and the carrier in Wisconsin?  Yes.

Can the birth certificate be amended to include only the biological parent or both intended parents in Wisconsin?  Yes.

Do Wisconsin amended birth certificates say “amended” on them?  No.

Can intended parents in a surrogacy obtain an adoption order in Wisconsin?  Yes, if they reside in Wisconsin.  Only residents of Wisconsin can finalize an adoption in Wisconsin.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Wisconsin should not rely exclusively on these printed responses.  All these issues should be discussed with a Wisconsin ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.