Wisconsin Surrogacy Case Raises Interesting Questions

By Attorney Gregg Herman
August 3, 2012

As I reported last week, the Wisconsin Court of Appeals certified a case In re the Paternity of F. T. R., asking the Wisconsin Supreme Court to “decide the issue of whether an agreement for the traditional surrogacy and adoption of a child is enforceable.” In the case, the trial court refused to enforce a parentage agreement under which the surrogate was supposed to have terminated her parental rights.  Instead, the trial court awarded secondary placement to the surrogate.
The case raises a number of interesting questions, both legally and philosophically, including:

While I don’t have an answer for the above questions, they are worth considering.  I’ll post information on this case as it moves along.

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