State Laws and Legislation  Wisconsin Surrogacy Law  Summary:
Wisconsin law does not directly address the legality of
surrogacy contracts; however, at least one court case has
recognized the parental rights of someone who is not genetically
related to their child. The issue of surrogacy agreements
involving lesbian, gay, bisexual or transgender (LGBT)
individuals has not yet been considered by the courts.
Explanation: In the Wisconsin statute pertaining to the
collection of vital statistics, it states that the surrogate
mother’s name is to be added to the birth certificate until “a
court determines parental rights.” Once a court determines those
rights, a new birth certificate with names of the intended
parents may be issued; however, the statute does not lay out the
factors a court should consider in making that decision.  In
1981, a Wisconsin Court of Appeals heard the case of L.M.S. v.
S.L.S. , which featured an unusual set of facts: a husband, who
was sterile, consented to the impregnation of his wife by