Legislative Milestone in Wisconsin’s Surrogacy Landscape
2013
The surrogacy contracts are permitted by Court, if it is not contrary to the child’s best interest.
Surrogacy Contracts
Are legally binding in Wisconsin.
Intended Parents and Surrogate must be represented by a separate surrogacy attorney.
A surrogacy agreement must be executed before the beginning of the medical process.
Parental Rights
Pre-birth parental orders can be issued, but they are considered interim orders. Additional post-birth orders must be issued after a child is born to obtain the birth certificate.
Legal Rights of Surrogates:
Have the access to psychological counseling.
Are compensated for their time and medical risks in addition to the base payment.
Have the right for a base compensation, outlined in the agreement.
Who Can Benefit from Surrogacy in WI?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in Wisconsin:
The state’s legal framework does not have explicit statutes governing surrogacy, but precedents and case law have filled in the gaps, offering reassurance to intended parents and surrogates alike.
Advantages of Surrogacy in WI
Intended parents in Wisconsin can expect a streamlined process when affirming their legal parentage. Post-birth legal procedures typically involve a pre-birth order, a legal document that allows the intended parents to be recognized on the birth certificate from the moment of their child's birth, avoiding lengthy post-birth legal actions.
