The Wisconsin Supreme Court says parentage agreements that allow for one woman to be a surrogate for another are valid, enforceable contracts unless enforcement is contrary to the best interests of the child.
In its unanimous Thursday ruling the court urges the Legislature to pass a law regarding surrogacy, noting that there is no current law addressing the enforceability of surrogacy contracts.
The ruling overturns a 2011 Columbia County Circuit Court decision that allowed a surrogate mother to have regular visits with the child she carried for her friend. The lower court determined that the parentage agreement reached by both sets of parents was unenforceable.
The Supreme Court says the lower court was wrong to make a decision on custody and placement of the child without considering the parentage agreement.