Wisconsin Surrogacy Lawsuit

“The State Supreme Court is being asked to decide whether a surrogate mother should share custody of a child she created for another couple.

David and Marcia Rosecky of Menomonee Falls drew up a legal agreement with long-time friends Cory and Monica Schissel of Columbus. It said Monica would be artificially inseminated and was supposed to give up all legal rights to the child, but she changed her mind and David Rosecky filed suit.

At a trial last year, a judge let Schissel have the child every other weekend. Rosecky appealed, saying the original surrogate agreement should be enforced. Aug. 9, an appeals court refused to rule on the issue and passed it on to the Supreme Court, calling it a matter of statewide importance.

Schissel argues that her surrogacy agreement was in conflict with state laws on payments for adoptions.”
Surrogate Mother Sues for Custody

[River Falls Journal 8/10/12]

See the 7-page Appeals ruling in this pdf.

“The guardian ad litem for the child took no position on the enforceability of the contract, according to the court, but does agree with Rosecky that, even if the contract is void, Schissel’s visitation is not in the child’s best interest. [Visiting the biological mother is not in the child’s best interest? Wow!Her rights have not been terminated, let alone involuntarily terminated.]

The certification doesn’t indicate the sex of the child or when it was born. Rosecky first sought enforcement of the parentage agreement in September 2010.”

Supreme Court asked to weigh in on surrogacy dispute

[Journl Sentinel Online 8/9/12 by Bruce Vielmetti]

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