In re Paternity of F.T.R.
Wisconsin Supreme Court
833 N.W.2d 634 (2013)
- Written by Paul Neel, JD
Facts
David and Marcia Rosecky (plaintiffs) executed a surrogacy agreement with Monica and Cory Schissel (defendants). Monica agreed to be a surrogate for Marcia. Using Monica’s egg and David’s sperm, Monica became pregnant and gave birth to F.T.R. but did not honor the agreement when she refused to terminate her parental rights to F.T.R. The Roseckys sued the Schissels to enforce the agreement. The trial court ignored the surrogacy agreement and recognized David and Monica as F.T.R.’s biological parents, awarding David sole custody and Monica visitation every other weekend. The Roseckys appealed. The intermediate appellate court certified to the Wisconsin Supreme Court the issue of whether an agreement providing for traditional surrogacy and adoption of a child is enforceable.
Rule of Law
Issue
Holding and Reasoning (Ziegler, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
