Wisconsin Statutes

Wis. Stat. § 891.40 (2026)

Artificial insemination

✓ current as of July 2026

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891.40891.40 Artificial insemination.

891.40(1)(1) If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband of the mother at the time of the conception of the child shall be the natural father of a child conceived. The husband’s consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and shall file the husband’s consent with the department of health services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician’s failure to file the consent form does not affect the legal status of father and child. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

891.40(2)(2) The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor’s wife is not the natural father of a child conceived, bears no liability for the support of the child and has no parental rights with regard to the child.

891.40 HistoryHistory: 1979 c. 352; 1983 a. 447; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).

891.40 AnnotationEnforcement of surrogacy agreements promotes stability and permanence in family relationships because it allows the intended parents to plan for the arrival of their child, reinforces the expectations of all parties to the agreement, and reduces contentious litigation. The surrogacy agreement in this case was enforceable except for the portions of the agreement requiring a voluntary termination of parental rights (TPR). The TPR provisions did not comply with the procedural safeguards set forth in s. 48.41 for a voluntary TPR because the biological mother would not consent to the TPR and there was no legal basis for involuntary termination. The TPR provisions were severable. Rosecky v. Schissel, 2013 WI 66, 349 Wis. 2d 84, 833 N.W.2d 634, 11-2166.

891.40 AnnotationThe Department of Health Services’s practice before May 2, 2016, of enforcing sub. (1) against female married couples but not different-sex couples was unconstitutional. The department is directed to construe sub. (1) in gender-neutral terms. In particular, the word “husband” in sub. (1) should be construed to mean “spouse.” Torres v. Seemeyer, 207 F. Supp. 3d 905 (2016). See also Pavan v. Smith, 582 U.S. 563, 137 S. Ct. 2075, 198 L. Ed. 2d 636 (2017).

891.40 AnnotationViewpoint: Wisconsin’s Undeveloped Surrogacy Law. Walsh. Wis. Law. Mar. 2012.

891.40 AnnotationAs I See It: Out of Sync: Assistive Reproductive Technology & Parentage Law. Walsh. Wis. Law. May 2017.

Notes of Decisions

Cited in 9 cases, 1989–2016 · leading case: David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013).

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David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). · cites it 12× “" Wis. Stat. § 891.40 (1). Further, the statute provides that the sperm donor "bears no liability for the support of the child and has no parental rights with regard to the child.”

In re K.M.H., 169 P.3d 1025 (Kan. 2007). · cites it 2× “95 (A) (Anderson 2003) (sim *64 ilar); Wis. Stat. § 891.40 (1) (2005-06) (same).”

S.R. & C.L. v. Circuit Court, 2015 WI App 98 (Wis. Ct. App. 2015). · cites it 10× “Walker controls this case," and therefore Wis. Stat. §§ 891.40 and 891.41 must be applied as "ungendered" and C.”

Straub v. B.M.T. Ex Rel. Todd, 645 N.E.2d 597 (Ind. 1994). · cites it 2× “1994); Wis. Stat. Ann. § 891.40 (West Supp. 1994); N.”

Dustardy H. v. Bethany H., 2011 WI App 2 (Wis. Ct. App. 2010). · cites it 13× “" They sought an order pursuant to Wis. Stat. § 891.40 declaring Dusty to be Christian's legal parent.”

Jackson v. Jackson, 739 N.E.2d 1203 (Ohio Ct. App. 2000). “DRL 73; Wis.Stat.Ann. 891.40; and Tex. Fam.Code Ann.”

Torres v. Seemeyer, 207 F. Supp. 3d 905 (W.D. Wis. 2016). · cites it 51× “# 65, I certified a class of families like plaintiffs, who conceived a child through artificial insemination but had not complied with Wis. Stat. § 891.40 (1), which states that a couple conceiving through artificial insemination cannot receive a two-parent birth certificate…”

Torres v. Rhoades, 317 F.R.D. 85 (W.D. Wis. 2016). · cites it 37× “Accordingly, I am granting plaintiffs’ motion in part, but I am limiting the class to families like plaintiffs who conceived a child through artificial insemination but did not comply with one or more requirements in Wis. Stat. § 891.40 , the statute that governs the situation…”

In Re Paternity of JLH, 441 N.W.2d 273 (Wis. Ct. App. 1989). “[3] For a statutory exception to this rule, see sec. 891.40(2), Stats. (man who donates semen to physician for artificial insemination of woman other than man's wife has no duty to support child so conceived and no parental rights as to that child).”

— Wis. Stat. § 891.40(1) — 2 cases

Torres v. Seemeyer, 207 F. Supp. 3d 905 (W.D. Wis. 2016). “# 65, I certified a class of families like plaintiffs, who conceived a child through artificial insemination but had not complied with Wis. Stat. § 891.40 (1), which states that a couple conceiving through artificial insemination cannot receive a two-parent birth certificate…”

Dustardy H. v. Bethany H., 2011 WI App 2 (Wis. Ct. App. 2010). “" They sought an order pursuant to Wis. Stat. § 891.40 declaring Dusty to be Christian's legal parent.”

— Wis. Stat. § 891.40(2) — 1 case

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