Wisconsin Statutes
Wis. Stat. § 895.037 (2026)
Abortions on or for a minor without parental consent or judicial waiver
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
895.037(2)(a)(a) Any person who, in violation of s. 48.375 (4), intentionally performs or induces an abortion on or for a minor whom the person knows or has reason to know is not an emancipated minor may be required to forfeit not more than $10,000.
895.037(2)(b)(b) Any person who intentionally violates s. 48.375 (7) (e) or 809.105 (12) may be required to forfeit not more than $10,000.
895.037(3)(a)(a) A person who intentionally violates s. 48.375 (4) is liable to the minor on or for whom the abortion was performed or induced and to the minor’s parent, guardian and legal custodian for damages arising out of the performance or inducement of the abortion including, but not limited to, damages for personal injury and emotional and psychological distress.
895.037(3)(b)(b) If a person who has been awarded damages under par. (a) proves by clear and convincing evidence that the violation of s. 48.375 (4) was willful, wanton or reckless, that person shall also be entitled to punitive damages.
895.037(3)(c)(c) A conviction under sub. (2) (a) is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this subsection.
895.037(3)(d)(d) A person who recovers damages under par. (a) or (b) may also recover reasonable attorney fees incurred in connection with the action, notwithstanding s. 814.04 (1).
895.037(3)(f)(f) Nothing in this subsection limits the common law rights of parents, guardians, legal custodians and minors.
895.037(4)(4) Confidentiality. The identity of a minor who is the subject of an action under this section and the identity of the minor’s parents, guardian and legal custodian shall be kept confidential and may not be disclosed, except to the court, the parties, their counsel, witnesses and other persons approved by the court. All papers filed in and all records of a court relating to an action under this section shall identify the minor as “Jane Doe” and shall identify her parents, guardian and legal custodian by initials only. All hearings relating to an action under this section shall be held in chambers unless the minor demands a hearing in open court and her parents, guardian or legal custodian do not object. If a public hearing is not held, only the parties, their counsel, witnesses and other persons requested by the court, or requested by a party and approved by the court, may be present.
895.037 AnnotationThe constitution does not confer a right to abortion. Therefore, a rational-basis review is the appropriate standard for a constitutional challenge to abortion laws. A law regulating abortion, like other health and welfare laws, is entitled to a strong presumption of validity. It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2014–2025 · leading case: Sharon R. Waranka v. Wadena Ins. Co., 2014 WI 28 (Wis. 2014).
Sharon R. Waranka v. Wadena Ins. Co., 2014 WI 28 (Wis. 2014). “035 Parental liability for acts of a minor child (created in 1957); Wis. Stat. § 895.037 Abortion on or for a minor without parental consent or judicial waiver (created in 1991); and Wis.”
Josh Kaul v. Joel Urmanski, as DA for Sheboygan Cnty., WI, 2025 WI 32 (Wis. 2025). “§ 895.037(2)–(3) (authorizing forfeitures and civil remedies for violations of the parental-consent or judicial-waiver requirements for minors who seek abortions).”
— Wis. Stat. § 895.037(2) — 1 case
Josh Kaul v. Joel Urmanski, as DA for Sheboygan Cnty., WI, 2025 WI 32 (Wis. 2025). “§ 895.037(2)–(3) (authorizing forfeitures and civil remedies for violations of the parental-consent or judicial-waiver requirements for minors who seek abortions).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.