Gay Surrogacy Laws Wisconsin [LGBT Guide 2025]

Wisconsin presents a generally favorable landscape for LGBT intended parents pursuing surrogacy, though success can vary significantly by county and judge. The state’s surrogacy laws are built on the foundation of the 2013 Wisconsin Supreme Court case Paternity of F.T.R., Rosecky v. Schissel, which declared surrogacy contracts enforceable unless contrary to the child’s best interests.

What makes Wisconsin particularly interesting for same-sex couples is that surrogacy laws don’t contain explicit restrictions based on sexual orientation or marital status. Courts have upheld surrogacy agreements and supported pre-birth orders, though the level of support for gay parents varies by county—making local legal expertise essential for your success.

Wisconsin’s approach requires both pre-birth “interim” orders and post-birth final orders to complete the legal process. While this creates additional steps, it also provides multiple opportunities to establish your parental rights. The key is understanding which counties are most supportive and working with attorneys who know how to navigate local court preferences.

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LGBT Surrogacy Laws in Wisconsin and Establishing Parentage: Will We Get a Pre-Birth Order?

Wisconsin allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Pre-birth orders are issued by most judges in Wisconsin, but they are considered “interim” interlocutory orders, with an additional final order required after the child’s birth.

Results vary by county, and some counties have declined to issue pre-birth parentage orders, but the majority allow them. This county-by-county variation makes working with experienced surrogacy agency and local counsel crucial for LGBT intended parents.

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Wisconsin?

The answer depends significantly on your specific county and judge, but Wisconsin’s legal framework generally supports recognizing both partners in same-sex couples as legal parents.

For married same-sex couples:

• Both partners can typically be declared legal parents through the pre-birth order process
• Genetic connection by one partner makes the process more certain
• Stepparent adoption available as additional protection after birth

For unmarried same-sex couples:

• Pre-birth orders are still possible but less certain
• Results vary more significantly by county and judge
• Post-birth adoption may be necessary for the non-genetic partner, but may need to be done out of state
• Marriage can resolve many complications if pursued before birth

Wisconsin courts have been willing to recognize parentage for unmarried couples, but the process is more predictable for married couples. The state’s approach prioritizes the child’s best interests while generally supporting diverse family structures.

County and judge variations mean that:

• Some courts readily grant dual parentage for same-sex couples
• Others may require additional documentation or genetic testing
• Venue shopping within Wisconsin may be beneficial in some cases
• Experienced attorneys know which counties are most LGBT-friendly

What If We’re Not Married — Can We Both Be Legal Parents?

Wisconsin’s flexibility with unmarried couples is one of its strengths for LGBT intended parents.

Wisconsin courts have recognized parentage for unmarried couples, though the process can be less predictable.

Unmarried LGBT couples can pursue:

• Pre-birth parentage orders for both partners in many counties
• Post-birth final orders cementing both parents’ rights
• Adoption processes if parentage orders are unsuccessful
• Marriage before delivery to strengthen legal recognition

The state’s approach recognizes that unmarried couples can be legal parents, but the process may require additional legal work compared to married couples. Courts presumably will recognize the parentage of unmarried couples and individuals even if there is no genetic link to the child, based on contract law principles established in the 2013 Supreme Court ruling.

Strategic considerations for unmarried couples:

• Choose your county carefully based on local court attitudes
• Consider marriage before birth to simplify the legal process
• Plan for potential adoption procedures as backup protection
• Work with attorneys familiar with LGBT-supportive counties

Results vary by county, making local legal expertise essential. Some counties are highly supportive of unmarried LGBT couples, while others may require more extensive legal proceedings.

I’m a Single Parent — Can I Still Be Declared the Legal Parent in Wisconsin?

Yes, single intended parents can pursue surrogacy and obtain legal parentage in Wisconsin. However, a pre-birth order is only certain to be granted when the intended parents are a married heterosexual couple who are both genetically related to the child or when it is a single parent who is genetically related to the child. This gives genetically-related single parents strong legal standing.

Key considerations for single parents:

• Results vary greatly by judge and county for all intended parents
• Most Wisconsin surrogacy cases allow pre-birth orders regardless of marital status

Working with an experienced Wisconsin surrogacy attorney is essential to navigate county-specific practices and ensure smooth legal proceedings.

How Will Our Names Appear on the Birth Certificate in Wisconsin?

Wisconsin names same-sex parents as a result of surrogacy as “Parent 1 and Parent 2” on the final birth certificate.

Birth certificate process:

• “Parent 1 and Parent 2” for same-sex couples with successful parentage orders
• No mention of the surrogate on the final amended birth certificate
• Both parents listed equally without hierarchical designations
• Amended certificates don’t say “amended” maintaining privacy

The inclusive “Parent 1 and Parent 2” designation respects diverse family structures while ensuring both parents have equal legal recognition. This terminology applies whether you’re a married or unmarried couple who successfully obtains parentage orders.

How Long Will It Take to Get the Birth Certificate?

Wisconsin’s two-order system means the timeline involves both pre-birth and post-birth legal proceedings, but the process typically moves efficiently once both orders are in place.

Typical timeline:

• Pre-birth interim order filed during pregnancy
• Final order filed immediately after birth
• Birth certificate issued within days to weeks of final order
• Expedited processing may be available in some counties

The requirement for both interim and final orders adds complexity but also provides multiple opportunities to address any legal complications that arise. Most counties process the paperwork efficiently once all requirements are met.

Factors affecting timeline:

• County processing efficiency varies
• Complexity of your legal situation
• Whether all parties attend required hearings
• Quality of legal representation and documentation

Working with experienced Wisconsin attorneys who understand local court procedures ensures the most efficient timeline for your family.

Do We Need a Second Parent Adoption After Surrogacy in Wisconsin?

In some cases you may need a second parent adoption in Wisconsin, as pre-birth and post-birth order success is dependent on the court in many cases. Wisconsin’s approach to second-parent adoption creates both opportunities and limitations for LGBT intended parents.

Second-parent adoption availability:

• Not currently available for unmarried couples in Wisconsin
• Stepparent adoption available for married couples as additional protection
• Out-of-state adoption possible with Wisconsin recognition

Important limitation: Second-parent adoptions are not currently available in Wisconsin for unmarried couples. Intended parents must either get married in Wisconsin to obtain a stepparent adoption there, or complete their second-parent adoption in another state.

For married LGBT couples:

• Stepparent (confirmatory) adoption available after birth
• Additional legal security beyond parentage orders
• Recommended protection especially for travel to less LGBT-friendly states
• Brief court process with experienced attorney guidance

For unmarried couples:

• Marriage in Wisconsin enables stepparent adoption access
• Out-of-state second-parent adoption is possible
• Wisconsin Vital Records typically honors adoption orders from other states
• Birth certificate updates processed after successful out-of-state adoption

The limitation on second-parent adoption for unmarried couples reinforces the advantage of marriage for LGBT intended parents in Wisconsin, though out-of-state options provide alternatives.

How Surrogacy Contracts Protect LGBT Parents in Wisconsin

Wisconsin’s recognition of surrogacy contracts under the Paternity of F.T.R. ruling provides strong contractual protection for LGBT intended parents, with courts enforcing agreements unless contrary to the child’s best interests.

Essential contract provisions for LGBT families:

• Parentage establishment clauses specifying both intended parents
• County venue selection targeting LGBT-friendly jurisdictions
• Pre-birth and post-birth order procedures with specific timelines
• Medical decision-making authority during pregnancy and delivery
• Hospital directives ensuring staff respect your parental rights

Wisconsin-specific considerations:

• Two-order system requirements clearly outlined in contract terms
• County variation acknowledgment with backup venue options
• Genetic connection documentation when relevant to your case
• Hearing attendance requirements specified for all parties
• Marriage status implications for legal recognition processes

Financial and procedural protections:

• Legal fee allocations for both orders and potential appeals
• Surrogate compensation structure compliant with state law
• Medical expense coverage throughout pregnancy and delivery
• Contingency planning for county-specific complications

The enforceability of surrogacy contracts in Wisconsin provides LGBT intended parents with strong legal foundation, though county variations make detailed planning essential.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Wisconsin

Wisconsin’s county-by-county variation in LGBT support makes agency expertise particularly valuable for same-sex intended parents navigating the state’s legal landscape.

Critical agency advantages:

• Local expertise: Agencies understand which Wisconsin counties are most supportive of LGBT intended parents and can guide venue selection for optimal outcomes.
• Attorney networks: Established agencies work with attorneys experienced in Wisconsin’s two-order system and familiar with county-specific preferences and procedures.
• Surrogate screening: Agencies can match you with surrogates who are specifically supportive of LGBT families and experienced with Wisconsin’s legal requirements.
• Process coordination: Managing the timing between interim orders, final orders, court hearings, and medical procedures requires experienced coordination.
• County navigation: Agencies understand that results vary by venue and can help you work within counties that have proven most favorable to LGBT intended parents.
• Risk management: Professional screening and legal oversight reduce the likelihood of complications that could affect your parentage recognition.
• Multi-state options: If your situation would benefit from working with surrogates in other states with more uniform LGBT protections, agencies can facilitate those arrangements.
• Support through variation: The uncertainty created by county differences can be emotionally challenging—agencies provide consistent support while navigating local variations.

Wisconsin’s generally favorable but inconsistent approach to LGBT surrogacy makes professional guidance especially valuable for ensuring your family’s legal protection.

Find LGBT-Friendly Surrogacy Agencies

Finding an LGBT-Friendly Surrogacy Attorney in Wisconsin

Wisconsin has several highly qualified attorneys specializing in LGBT surrogacy and assisted reproduction law. Here are experienced professionals with proven track records supporting same-sex intended parents:

• Emily Dudak Leiter, The Law Center, S.C. – Former Vice President of AAAA and nationally recognized LGBT family law expert. AAAA Fellow with extensive adoption and ART expertise.
• Theresa L. Roetter, DeWitt Law Firm – AAAA Fellow specializing in assisted reproduction and surrogacy law with comprehensive LGBT family formation experience. Experienced in complex ART matters and parentage establishment for same-sex couples throughout Wisconsin.
• Lynn J. Bodi, The Law Center, S.C. – AAAA Fellow with dual specialization in adoption and assisted reproduction law. Comprehensive family formation practice serving LGBT clients throughout Wisconsin with expertise in surrogacy agreements and parentage proceedings.

Why Wisconsin LGBT surrogacy requires specialized counsel:

• County variation knowledge for optimal venue selection
• Two-order system expertise ensuring proper procedural compliance
• LGBT legal precedent familiarity leveraging favorable case law
• Local court relationship management with judges and court staff
• Multi-state coordination capability when out-of-state adoption needed

How to Get Started With LGBT Surrogacy in Wisconsin

The key to success in Wisconsin is choosing the right county and working with attorneys who understand local variations. While the state’s overall framework supports LGBT families, navigating county differences requires experienced professional guidance. The best way to get the help you need is to connect to a reputable surrogacy professional.

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