In re Paternity of F.T.R. Case Brief Summary | Law Case Explained
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In re Paternity of F.T.R.
Surrogacy occurs when a woman carries a baby that’s intended to be raised by others. In In re Paternity of F.T.R., we explore the enforceability of agreements governing the parties’ rights and obligations in a surrogacy arrangement.
David and Marcia Rosecky wanted children, but Marcia was infertile. Friend Monica Schissel twice offered to be a surrogate. The Roseckys accepted. After extensive conversations, Monica was artificially inseminated with David’s sperm and became pregnant. Represented by separate counsel, the parties executed a parentage agreement. It stated that the Roseckys would be the child’s legal parents and raise the child, and Monica wouldn’t have any formal custody or visitation. Additionally, Monica would help establish the Roseckys as legal parents, terminating her parental rights as necessary.
Shortly before the child’s birth, the parties’ relationship soured. Monica announced that she wouldn’t terminate her parental rights. When the child, F.T.R., was born, Monica allowed the child to go home with the Roseckys. But she sued David, the biological father, seeking formal visitation. When David sought enforcement of the parentage agreement, Monica argued that it wasn’t enforceable. The court concluded that it was unambiguous, fairly negotiated, and accurately reflected the parties’ terms. But it was unenforceable because a contract couldn’t require a parent to involuntarily terminate parental rights.
The trial court therefore looked exclusively at the child’s best interests and awarded David primary custody and Monica regular visitation. David appealed to the state appeals court, which certified a question to the Wisconsin Supreme Court.
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