Building a family is a beautiful process, and securing your legal foundation allows you to move forward with peace of mind.
In Wisconsin, the laws surrounding IVF and embryo disposition are governed primarily by contract law.
Intended parents have the autonomy to manage their IVF journey, but must have legal agreements in place to protect those choices.
Does Wisconsin Law Consider an Embryo a Person?
Wisconsin law does not afford legal personhood status to an embryo residing outside the uterus.
While Wisconsin has complex historical statutes regarding abortion, these laws do not criminalize the creation, storage, or destruction of in vitro embryos in a laboratory setting for assisted reproduction.
How Wisconsin Embryo Laws Affect IVF
Because frozen embryos are not legally defined as persons, IVF remains accessible in Wisconsin.
Intended parents are legally permitted to create embryos, utilize cryopreservation, conduct preimplantation genetic testing (PGT), and discard embryos that are non-viable or no longer desired.
Embryo Disposition Laws in Wisconsin
In Wisconsin, the intended parents decide the final disposition of their embryos. Permitted options include:
- Maintaining frozen storage.
- Reproductive use by the intended parents.
- Donation to another intended parent.
- Destruction and thawing.
Donations for research may also be possible, but Wisconsin may restrict families from some types of research donations. It is best to speak with a local attorney to learn more about your options.
Are IVF Consent and Embryo Disposition Agreements Enforceable in Wisconsin?
Wisconsin courts generally treat embryo disposition agreements and clinic consent forms as legally binding contracts.
By establishing your intentions in writing before creating the embryos, you create a clear legal directive.
It is highly recommended to draft an independently negotiated agreement to cover specific contingencies that standard clinic forms miss.
What Happens to Frozen Embryos in a Divorce in Wisconsin?
During a divorce, a Wisconsin court generally will determine outcomes case by case, but will look to the written agreements signed by the couple prior to embryo creation.
The court generally relies heavily on that document to award the embryos to one party, order their donation, or dictate their destruction, treating the matter as a contractual obligation between the spouses, but may also weigh other factors.
What Happens to Embryos if an Intended Parent Dies in Wisconsin?
If an intended parent dies, the surviving partner’s right to use the embryos relies on prior written consent.
Wisconsin requires documentation showing that the deceased individual explicitly authorized posthumous reproduction. Specific requirements must also be met to establish legal parentage and inheritance rights.
What if You and Your Partner Disagree About Using Your Embryos?
If you and your partner withdraw mutual consent regarding the use of your embryos, the fertility clinic will halt all procedures.
In Wisconsin, courts prioritize the original written contract. If the contract is ambiguous, courts generally hesitate to force an individual into genetic parenthood against their current wishes.
Does Wisconsin Protect IVF and Fertility Treatment?
Wisconsin does not have specific, standalone legislation that proactively protects the right to IVF. However, standard IVF practices operate legally and normally within the state.
Staying informed and partnering with a specialized attorney is important to ensure your rights remain protected.
How Wisconsin Embryo Laws Can Affect a Future Surrogacy Plan
Wisconsin courts are generally supportive of gestational surrogacy, though the state lacks a comprehensive surrogacy statute.
If you plan to use your embryos with a gestational carrier in Wisconsin, your initial embryo disposition documents must clearly indicate your plans. A properly drafted embryo agreement streamlines the legal process when establishing your parentage.
Decisions to Make Before Creating Embryos in Wisconsin
Before signing your IVF clinic paperwork, you should clearly outline:
- Who has control over the embryos during a separation or divorce?
- Do you consent to the embryos being used if you pass away?
- Are you authorizing the embryos for third-party reproduction?
How Foster + Bloom Helps Intended Parents Plan for the Future of Their Embryos
At Foster + Bloom, family-building law isn’t one of our services — it’s our focus, mission and heart. We provide expert legal guidance tailored to your unique journey.
We help intended parents map out secure disposition agreements, taking the legal stress off your plate so you can focus on the joy of growing your family.
Talk to a Fertility Law Attorney in Wisconsin Before You Create Embryos
We encourage you to get state-specific advice from appropriately licensed ART counsel.
Reach out to us to learn what to do next.