What Rosecky v. Schissel established
In Rosecky v. Schissel, 2013 WI 66, the Wisconsin Supreme Court held that a surrogacy-related parentage agreement was not categorically unenforceable and that enforceable provisions could be considered subject to other Wisconsin law. The case involved traditional surrogacy, so it should not be treated as a complete gestational-surrogacy code.
Parentage procedure
The availability, timing and form of a parentage order should be confirmed for the specific case with Wisconsin reproductive counsel. This page does not assume that a pre-birth order or a particular birth-record result is generally available in every Wisconsin case.
Agreement and compensation
The agreement should address compensation and expenses, insurance, medical autonomy, legal costs, termination provisions and dispute procedures. Enforceability can depend on the specific provision and other applicable Wisconsin law.
What this means for a surrogate
Before signing an agreement or beginning treatment, use independent Wisconsin reproductive counsel to confirm the current parentage strategy, jurisdiction and contract terms for the proposed match.