Family Law — surrogacy contracts

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Wisconsin Supreme Court

Civil

Family Law — surrogacy contracts

A parentage agreement is a valid, enforceable contract unless enforcement is contrary to the best interests of the child.

“In summary, though the TPR portions of the PA cannot be enforced under Chapter 48 of the Wisconsin Statutes, the remainder of the PA is an enforceable contract. No Wisconsin Statute or case contains a specific statement of public policy contrary to the enforcement of this PA. We conclude that enforcement of surrogacy agreements promotes stability and permanence in family relationships because it allows the intended parents to plan for the arrival of their child, reinforces the expectations of all parties to the agreement, and reduces contentious litigation that could drag on for the first several years of the child’s life. Aside from the termination of parental rights provisions in the PA at issue, the PA is a valid, enforceable contract unless enforcement is contrary to the best interests of F.T.R.”

Reversed and Remanded.

2011AP2166 Rosecky v. Schissel

Ziegler, J.

Attorneys: For Appellant: Hayes, Stephen W., Waukesha; Boeckman, Anissa M., Waukesha; For Respondent: Auerbach, Richard J., Madison