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How to Become a Surrogate in Wisconsin

Gestational Surrogacy in WI: A Guide for Prospective Surrogates

Becoming a surrogate in Wisconsin is a significant personal decision that requires careful consideration and preparation. In this guide, we will provide information and guidance to help you navigate the process of becoming a surrogate in Wisconsin.


What is Gestational Surrogacy?

Gestational surrogacy is a form of assisted reproductive technology (ART) in which a woman carries a pregnancy for another person or couple using an embryo created through in vitro fertilization (IVF). The intended parents provide the sperm and egg, or a donated sperm or egg may be used, and the surrogate carries the pregnancy to term, giving birth to a child that will be raised by the intended parents. Gestational surrogacy has been used for many years to help families who have difficulty conceiving and has become a popular option for those seeking to start or expand their families.

Requirements for Becoming a Surrogate in Wisconsin


To be eligible to become a surrogate in Wisconsin, you must meet the following requirements:

  • Be at least 21 years old

  • Have given birth to at least one child of your own

  • Be in good physical and emotional health

  • Have a stable living situation

  • Have a BMI of less than 40

  • Not smoke, use illegal drugs, or have a history of alcohol abuse


Steps to Becoming a Surrogate in Wisconsin


  • Education: Take the time to research and understand the surrogacy process. Learn about the physical, emotional, and legal implications of surrogacy. Attend informational meetings and read books and articles on surrogacy.

  • Medical Evaluation: Visit a fertility clinic for a comprehensive medical evaluation to determine if you are a suitable candidate for surrogacy. Your doctor will also evaluate your medical history and perform various tests to ensure you are in good health.

  • Screening Process: After your medical evaluation, you will undergo a screening process that includes a psychological evaluation, background check, and a review of your medical records. The screening process is designed to ensure that you are emotionally and physically prepared to become a surrogate.

  • Find an Intended Parent or Surrogacy Agency: You can find intended parents through a surrogacy agency or on your own. Surrogacy agencies can help match you with intended parents and provide support and guidance throughout the surrogacy process.

  • Legal Contract: Once you have found intended parents, you will need to draft and sign a legal contract that outlines the terms of the surrogacy arrangement. This contract will include information about compensation, medical expenses, and the responsibilities of both parties.

  • Insurance Coverage: In Wisconsin, insurance companies are not required to cover the cost of surrogacy. It is important to understand your health insurance coverage and to discuss this with your surrogacy agency.

  • Pregnancy and Delivery: After the legal contract has been signed, you will begin the process of becoming pregnant through in vitro fertilization (IVF). The intended parents will provide the sperm and egg, or a donated sperm or egg may be used. Once you are pregnant, you will receive prenatal care and prepare for the birth of the child.

  • Medical Care: In Wisconsin, surrogates have the right to choose their own obstetrician and to receive the same quality of prenatal care as any other pregnant woman.

  • Birth and Post-Delivery: After the birth of the child, the intended parents will take custody of the child. In Wisconsin, as in neighboring Minnesota, Iowa and other Midwestern states such as MissouriIndiana and Ohio, the birth certificate will list the intended parents as the legal parents of the child.

Support During the Surrogacy Process

Surrogacy can be a challenging and emotional experience. It is important to have support from family, friends, and professionals during the process. Surrogacy agencies, support groups, and mental health professionals can provide the support you need.

State-Specific Points of Note

Wisconsin River, Ferry Bluff, Wisconsin State Natural Area.jpg
Wisconsin State Capitol, Madison.jpg

Becoming a surrogate in the Badger State is a rewarding and life-changing experience that can bring joy and happiness to a family who are unable to have children on their own.

How Much do Surrogates Get Paid in Wisconsin?

Compensation for surrogacy is allowed in Wisconsin, but there is no specific guideline or legal minimum or maximum for the amount a surrogate can be paid.


In general, surrogates receive compensation for their time, effort, and inconvenience, as well as for medical expenses, such as fertility treatments and pregnancy-related expenses. Lost wages are always reimbursed.


The average compensation for a surrogate can range from $30,000 to $50,000 or more, depending on the circumstances. If you are a Wisconsite considering acting as a surrogate, be sure to discuss compensation with the intended parents or the surrogacy agency and consult with a lawyer to ensure that your rights and interests are protected.

Wisconsin Surrogacy Law

In Wisconsin, surrogacy is legal and due to a ruling by the Wisconsin Supreme Court in Madison.


In the July 2013 case of Rosecky v. Schissel (2013 WI 66, 349 Wis. 2d, 833 N.W.2d 634), the court found that that surrogacy contracts are enforceable in Wisconsin, with Chief Justice Shirley Abrahamson and Justice Ann Walsh Bradley filing a strongly worded concurring opinion, stating that a parenting agreement is a valid enforceable contract, unless contrary to the best interests of the child.

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