WI Court of Appeals Certifies Surrogacy Case

By Attorney Gregg Herman
August 9, 2012

The Wisconsin Court of Appeals today certified a surrogacy case, In re the Paternity of F. T. R., to the Wisconsin Supreme Court.

As the court noted in its certification,

“Wisconsin currently does not have legislative or common law that addresses the enforceability of a surrogacy agreement.”

The case is one where the surrogate changed her mind and refused to terminate her parental rights.  The trial court refused to enforce the parenting agreement and instead granted secondary placement rights to the surrogate.

By coincidence, the Milwaukee Journal Sentinel has been running series of articles about a surrogate case which appears to have had a much happier outcome.

Since our legislature has not acted on this issue by adopting any statutes, let’s hope that our Supreme Court will accept certification and set forth some guidelines on an important issue.

Attorney Gregg Herman is a founding partner of Loeb & Herman S.C. in Milwaukee, WI. He practices family law exclusively, and can be reached via e-mail or by calling (414) 272-5632.