Wisconsin Assembly Bill AB898

Wisconsin 2025-2026 Regular Session

• Introduced: 1/23/26
• Refer: 1/23/26
• Failed: 3/23/26

Caption

An Act to renumber and amend 69.14 (1) (h); to create 69.14 (1) (h) 2. of the statutes; Relating to: registration of births by surrogate mother.

Summary

AB898 would change Wisconsin’s birth-record rules for children born through surrogacy. Under current law, the birth record for a child born to a surrogate mother must list information about the surrogate mother and omit information about the father, and if a court later determines parental rights, the state registrar must create a new birth record and destroy the original record. This bill keeps that basic record-replacement process but adds a new restriction on who may obtain a court determination of parental rights. Specifically, the bill provides that a court may not determine parental rights over a child born to a surrogate mother unless at least one person petitioning for parental rights is biologically related to the child, except in an adoption proceeding. In practical terms, the bill would limit court-ordered parentage determinations in surrogacy cases to situations involving a biological connection, while preserving adoption as a separate path for establishing parental rights.

Impact

AB898 would amend Wisconsin Statutes section 69.14(1)(h), which governs how birth records are handled for children born to surrogate mothers. It would narrow the circumstances under which a court can trigger the issuance of a new birth record by requiring a biological relationship for at least one petitioner seeking parental rights, unless the matter proceeds through adoption. The bill would affect surrogate parents, intended parents, courts, clerks of court, the state registrar, and local registrars by changing when parentage determinations can be recognized for vital records purposes.

Sentiment

The available record shows limited formal debate or recorded votes, but the bill’s framing suggests a policy preference for tying court-recognized parental rights in surrogacy cases to biological parentage. Because the bill failed to pass pursuant to Senate Joint Resolution 1, it did not advance into law. With no committee transcript or vote history provided, the overall sentiment can only be described as procedurally unsuccessful rather than clearly supported or opposed in the available materials.

Contention

The main point of contention is the bill’s restriction on non-biological intended parents in surrogacy arrangements. Supporters would likely view the bill as clarifying parentage rules and limiting court determinations to cases with a biological link, while opponents would likely argue it could make it harder for intended parents in gestational surrogacy arrangements to secure legal parentage, even when they are the child’s intended legal parents. The exception for adoption indicates an attempt to preserve an alternate route, but the biological-relationship requirement would still narrow access to court-ordered parentage determinations.