Surrogacy in Wisconsin doesn’t follow a strict legal playbook—but that doesn’t mean it’s impossible. In fact, many families successfully complete the process here. Curious how they do it? Let’s explore what Wisconsin surrogacy law really looks like—and how we can help you take the next step.
That’s where American Surrogacy comes in. With expert legal guidance, proven programs, and a national network, we help you confidently move forward — whether you’re here in Madison, Milwaukee, or anywhere in between.
Wisconsin Surrogacy Laws
There is no comprehensive statute in Wisconsin that either authorizes or prohibits surrogacy arrangements. Instead, courts interpret enforceability based on individual case precedent.
In In re the Paternity of F.T.R., the Wisconsin Supreme Court upheld the parental rights of the biological father in a surrogacy arrangement and reinforced the enforceability of surrogacy contracts when handled properly.
What this means for you: Surrogacy is legally possible in Wisconsin, but the success of your journey hinges on proper contracts and legal representation.
Is Paid Surrogacy Legal in Wisconsin?
Yes. There is no law prohibiting paid (compensated) surrogacy in Wisconsin.
That said, due to the absence of statutory protections, we strongly recommend working with a national agency like American Surrogacy, which has the expertise to navigate Wisconsin’s legal gray areas while connecting you with qualified surrogates from surrogacy-friendly states, if needed.
Yes — under specific conditions. Wisconsin courts have shown a willingness to enforce gestational surrogacy contracts that clearly define parentage, rights, responsibilities, and were entered into voluntarily by all parties.
However, because enforceability can vary by court, legal counsel is essential.
That’s why American Surrogacy works to help families establish legally secure scenarios — and supports you every step of the way with trusted local attorneys.
Surrogacy Contract Checklist
Your Wisconsin surrogacy contract should include:
Financial Terms
Compensation for the surrogate, reimbursements and handling of unexpected costs.
Medical Procedures
Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery?
Health and Lifestyle
Wellness expectations, travel restrictions and communication preferences.
Legal Parentage
How and when the intended parents will be recognized as the child’s legal guardians.
Dispute Resolution
Clear methods for resolving disagreements—without jeopardizing the journey.
Termination Clauses
What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in Wisconsin?
Contracts are typically finalized after a successful match between the surrogate and intended parents but before any medical procedures (like embryo transfer) begin.
Abortion Laws in Wisconsin and Surrogacy Contract Termination Agreements
Wisconsin has a complicated legal landscape surrounding abortion. Although a law from 1849 previously banned nearly all abortions, recent court activity and appeals have affected its enforcement.
Why this matters: Every surrogacy contract must include a termination clause, which outlines how and when a pregnancy may be terminated. If Wisconsin laws are too restrictive for your preferences, American Surrogacy can coordinate your journey in a more legally accommodating state.
Surrogacy Laws for Establishing Parentage in Wisconsin
Parentage in Wisconsin is typically established via:
Pre-birth orders: Available in some counties, especially when at least one parent is genetically related.
Post-birth adoptions: May be required for non-biological parents or LGBTQ+ couples.
How to Get a Pre-Birth Order in Wisconsin
To obtain a pre-birth order in Wisconsin:
A court hearing may be required
Your surrogacy attorney will file on your behalf
You typically receive the amended birth certificate within 2–4 weeks after delivery
International Surrogacy Laws in Wisconsin
Wisconsin does not have any laws specific to international intended parents, but legal parentage may be more complex. International families should work with attorneys well-versed in U.S. immigration and parentage law.
Emily Dudak Leiter is a dedicated advocate specializing in adoption, surrogacy, and LGBTQ+ family formation. She has represented clients globally in immigration and assisted reproduction matters and was instrumental in a 2014 Wisconsin appeal concerning the marital presumption of parentage for married LGBTQ+ couples. Emily is a Fellow and former Vice President of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA).
Erin Fay focuses her practice on children's law, including surrogacy, adoption, and guardianship, as well as business and real estate law. She assists families with parentage determination and estate planning, ensuring comprehensive legal support for family protection.
Lynn Bodi is a pioneer in surrogacy and assisted reproduction law in Wisconsin. She co-founded The Law Center for Children & Families and has been recognized with the Congressional “Angel in Adoption” award. Lynn is a Fellow of the AAAA and frequently speaks on legal issues affecting children and families.
Theresa Roetter has over 30 years of experience in adoption and assisted reproduction law. She provides statewide services in Wisconsin, drafting and negotiating surrogacy agreements and establishing parental rights. Theresa has been honored as an “Angel in Adoption” and serves as Vice President of the AAAA.
Stephen Hayes is a seasoned attorney with extensive experience in adoption and surrogacy law. He has been recognized as a Super Lawyer and is a Fellow of the AAAA. Stephen has contributed significantly to the legal community through various leadership roles and publications.
Are insurance companies required to cover IVF in Wisconsin?
No. Wisconsin does not mandate private insurance to cover IVF. States that do include: Illinois, Connecticut, and Massachusetts.
Is an embryo considered a person in Wisconsin?
No. Wisconsin law does not define embryos as people. Embryos are generally treated as property in legal disputes.
Is traditional surrogacy legal in Wisconsin?
Yes, but it is much riskier. Traditional surrogacy (where the surrogate uses her own egg) is legally more complex and discouraged by most professionals due to parental rights complications.
Do sperm and egg donors have parental rights?
No. Wisconsin law recognizes that properly consented gamete donors waive all parental rights.
Is there an IVF tax credit in Wisconsin?
No, Wisconsin does not currently offer a tax credit for IVF expenses.
Ready to Begin Your Surrogacy Journey in Wisconsin?
American Surrogacy is here to help. Whether you're an intended parent navigating the legal landscape or a surrogate exploring your options, we offer expert guidance every step of the way.
Surrogacy laws in Wisconsin are always subject to change, and American Surrogacy makes no guarantee that the information presented in this article is accurate to the changing legislative scene. This article is not intended to be and should not be taken as legal advice; please contact a local surrogacy attorney for more information about the current legal state of surrogacy in Wisconsin.
