Pre-birth and post-birth orders required.

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.

Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


Yes, though a Post-Birth Order is also required as of October 2018; Order must include EDD, child(ren)'s name, expected place of delivery, all parties' dates of birth, places of birth and current addresses.

Order should be sent to the vital records office along with Form-05032 - Report of Birth Certificate Changes Following Surrogate Birth, payment, and a return FedEx envelope.

Wisconsin Vital Records

ATTN: Beth Chase

1 W Wilson Street

Madison, WI 53703



Once received, the birth certificate will be issued within a few days.

Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.

statutes / case law

Gestational Surrogacy is permitted by case law, Paternity of F.T.R., Rosecky v. Schissel.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes.Wis. Stat. § 891.40, a sperm donor has not parental rights if the donation was provided to a physician for use in artificial insemination.  

If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  No.


County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  Yes.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  

Does the couple need to be married?  Unknown.

Of counsel

Steven H. Snyder

Steven H. Snyder and Associates

11270 - 86th Avenue North

Maple Grove, MN 55369-4510

(763) 420-6700