Thinking about building your family in Wisconsin? You’ll be glad to know that surrogacy is legal for gay couples in Wisconsin thanks to a 2013 Supreme Court case. That decision confirmed that contracts can be enforceable when they’re written properly and serve the child’s best interest.

In this guide, you’ll learn exactly what to expect from Wisconsin’s LGBT surrogacy laws, including how to get a pre-birth order and how birth certificates work for LGBT parents. We’ll also talk about working with LGBT-friendly agencies and attorneys. Ready to take the first step toward building your family? Let’s explore your options together.

Establishing Parentage: Can LGBT Couples Get Pre-Birth Orders in Wisconsin?

Yes, you can get a pre-birth order as a same-sex couple in Wisconsin. However, these orders are only temporary. After your baby is born, the court must issue a final order before you can receive the official birth certificate.

For LGBT intended parents, whether you receive a pre-birth order depends on a few factors: your genetic connection to the child, your marital status and the county where you file. Outcomes vary by judge. This uncertainty is why having an attorney who understands Wisconsin’s gay surrogacy laws is so important; they can give you the best chance of success.

Can the Non-Genetic Parent in an LGBT Couple Get a Pre-Birth Order in Wisconsin?

The path for a non-genetic parent to achieve legal recognition varies. Wisconsin doesn’t have a single, detailed statute that spells out how pre-birth orders must work in every LGBT surrogacy case. Judges rely on case law and local practice, so the process and proof they require can differ.

In gestational surrogacy, the surrogate is not an intended parent, so courts look to the surrogacy contract and supporting documents to confirm who the legal parents should be. When everything is in order, judges usually grant pre-birth orders that name both intended parents. But even then, a final post-birth order is still required before the birth certificate can be issued.

Because procedures aren’t fully standardized, moms and dads using surrogacy in Wisconsin should work with an attorney. This is the best way to make sure your parental rights are fully secured.

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

For unmarried couples, things get more complicated. Wisconsin law doesn’t provide clear guidance, and without the marital presumption of parentage, courts have more discretion. Pre-birth orders may be possible, but outcomes are less predictable than for married couples.

Unmarried LGBT couples often have to rely on a pre-birth order naming both intended parents, followed by additional post-birth steps to secure parental rights. These might include second-parent adoption or other legal proceedings, depending on the judge and county.

Can Single LGBT Parents Get Pre-Birth Orders in Wisconsin?

A single parent who is genetically related to the child can get a pre-birth order. This gives strong protection to LGBT intended parents using their own genetic material.

But what if you’re a single parent without a genetic connection? In those cases, Wisconsin courts are less predictable. You may be able to secure parentage through a pre-birth order if the judge accepts your surrogacy contract and supporting documents, but outcomes vary. Additional post-birth steps — such as adoption — may be needed to ensure your parental rights are fully recognized.

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

How do birth certificates work for gay couples using surrogacy in Wisconsin? LGBT parents are listed on the final birth certificate as “Parent and Parent.” This gender-neutral approach ensures both parents are recognized equally on their child’s official documents.

This designation reflects Wisconsin’s commitment to treating same-sex and different-sex couples equally. It follows federal court decisions that require equal treatment.

How Long Will It Take to Get the Birth Certificate?

Most families receive a birth certificate within about two weeks, but the exact timing depends on both the legal process and how you request it. A final court order is required even when a pre-birth order is in place, and that order must be dated on or after the child’s birth.

Here’s what to expect:

• In Person: You may be able to get a certified copy the same day if you apply at a state vital records office after the final order is filed.
• By Mail: Processing usually takes one to three weeks once all paperwork is received.
• Online or Phone: Requests through Wisconsin’s approved service are often faster than mail and may offer expedited options for an extra fee.

Your attorney will coordinate the court filings and paperwork to help you avoid delays and ensure you receive the certificate as quickly as possible.

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

Wisconsin’s approach to second-parent adoption is complex and varies by jurisdiction.

For married LGBT couples, stepparent adoptions are the most reliable way to secure both parents’ legal rights. Even if both names already appear on the birth certificate, many attorneys emphasize that gay parents need to adopt their own child through a court process to gain full protection. This adoption provides added security in situations involving interstate travel or medical emergencies.

For unmarried LGBT couples, the path to second-parent adoption is much more challenging and uncertain. Many attorneys recommend either marrying in Wisconsin to pursue a stepparent adoption or completing the adoption in another state with more favorable laws. Fortunately, Wisconsin Vital Records will typically honor a second-parent adoption order from another state and update a child’s birth certificate accordingly.

How Surrogacy Contracts Protect LGBT Parents in Wisconsin

Contracts are typically finalized after a successful match between the surrogate and intended parents but before any medical procedures begin. For LGBT intended parents, these contracts are crucial protection. They establish your rights and intentions from the very beginning of the process.

Wisconsin surrogacy contracts should include:

• Parental Rights Recognition: The contract should include clear language establishing the intended parents as the legal parents from conception.
• Decision-Making Authority: The agreement should clarify how medical decisions during pregnancy will be made, respecting the surrogate’s right to make choices about her own body while also outlining how intended parents’ preferences regarding things like embryo transfers, selective reduction and pregnancy termination.
• Financial Responsibilities: The agreement must specify compensation for the surrogate, reimbursements and how unexpected costs will be handled.
• Dispute Resolution: It must establish clear methods for resolving disagreements without jeopardizing the surrogacy journey.

Why Work With a Surrogacy Agency if You’re an LGBT Parent in Wisconsin

Working with a surrogacy agency that helps gay couples in Wisconsin offers several advantages:

• Legal Expertise: Agencies maintain relationships with attorneys who specialize in LGBT surrogacy law and understand how Wisconsin’s county-by-county variations might affect your case.
• Faster Matching: Agencies connect you with surrogates who are specifically supportive of LGBT family building, reducing potential delays.
• Comprehensive Support: Agencies provide personalized guidance through every stage, from consultation to legal finalization.
• Risk Management: Experienced agencies understand the unique challenges LGBT couples may face and can help avoid common pitfalls.
• National Perspective: Agencies often work across state lines and can help you understand how your child’s birth certificate and legal status will be recognized elsewhere.

Finding an LGBT-Friendly Surrogacy Attorney in Wisconsin

Looking for an experienced attorney who specializes in LGBT surrogacy law? Here are qualified attorneys licensed to practice in Wisconsin:

• Brian Esser (Brooklyn, NY): As an adoptive father, Brian brings personal experience to his family formation practice.
• Theresa Bea (Minneapolis, MN): Theresa’s expertise includes guiding clients through complex adoption and ART matters. She works with diverse family structures to secure legal parental rights.
• Krislyn Holaday (Brookfield): Krislyn’s practice areas include estate planning, probate administration, guardianship and surrogacy law.
• Gary Debele (Minneapolis, MN): Gary has an exceptionally broad family law experience encompassing complex adoptions, all facets of assisted reproduction and surrogacy and tribal court representation.
• Emily Leiter (Madison): Emily 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.
• Erin Fay (Waukesha): Erin assists families with parentage determination and estate planning, ensuring comprehensive legal support for family protection.
• Lynn Bodi (Madison): Lynn is a pioneer in surrogacy and assisted reproduction law in Wisconsin.
• Theresa Roetter (Madison): Theresa has over 30 years of experience in adoption and assisted reproduction law, providing statewide services in Wisconsin.
• Stephen Hayes (Waukesha): Stephen is a seasoned attorney with extensive experience in adoption and surrogacy law.

The right attorney will help you navigate surrogacy laws for LGBT couples in Wisconsin and protect your family’s interests.

How to Get Started With LGBT Surrogacy in Wisconsin

While county-by-county variations require careful navigation, the overall framework of Wisconsin’s gay surrogacy laws supports LGBT intended parents’ rights.

Your next steps should include:

• Scheduling a consultation with an LGBT-friendly surrogacy agency to understand your options and develop a timeline.
• Reviewing Wisconsin’s legal requirements with an experienced ART attorney.
• Connecting with a surrogate who supports LGBT family building.

Ready to start building your family through surrogacy? Connect with a surrogacy agency today. With professional help, you can navigate Wisconsin’s surrogacy laws successfully.