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Surrogacy Laws in Wisconsin

Wisconsin law doesn’t specifically deal with surrogacy contracts’ legality. However, there has been at least one court out there that has acknowledged the parental rights of someone who isn’t genetically linked to the child. The question of surrogacy contracts dealing with LGBT individuals and couples hasn’t been looked at by the courts yet.


Explanation: There is a Wisconsin law that deals with the collection of vital data, and it says that the surrogate mother’s name can be added to the birth certificate decides who gets the parental rights. Once a court decides those rights, a brand new birth certificate with the intended parents’ names can be issued; however, the statute doesn’t specifically deal with the factors that a court would have to speculate on when making that decision.

A Court of Appeals in Wisconsin heard a case in 1981 where there was a strange data profile. There was a husband who was sterile, and he let another man impregnate his wife. He was a surrogate father. Later on, when the wife and husband got divorced, the husband proclaimed that he wasn’t responsible for child support because he wasn’t the child’s legal father. The Court disallowed his argument, and they mentioned numerous facts, like the husband initially saying that he was the father of the child and the husband saying that the child was a dependent on his income tax returns, and this was evidence that the husband was the child’s legal father.



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