69.14(2)(b)8.b.b. The state registrar or his or her designated representative has reviewed the evidence submitted under subd. 3. 69.14(2)(b)8.c.c. The abstract under subd. 7. accurately reflects the nature and content of the evidence submitted under subd. 3. 69.14(2)(c)(c) This subsection does not apply to a child who was adopted under the circumstances described in s. 48.97 (2). 69.14(3)(a)(a) Any person who assumes custody of a live born infant of unknown parentage shall file a birth record for the infant within 5 days after assuming custody and shall file the birth record with the following information: 69.14(3)(a)3.3. The address of the place where the registrant was found. 69.14(3)(a)5.5. The name given to the registrant by the filing party. 69.14(3)(a)6.6. The name, address and signature of the person with whom the registrant has been placed for care. The information under this subdivision shall be entered in the item on the birth record where information on the attendant at birth is required. 69.14(3)(c)(c) If at any time after a birth record is filed for a registrant under this subsection a birth record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes. 69.14 AnnotationSub. (1) (f) 1. b. is not a gender-specific statute violating the right to equal protection. Steinbach v. Gustafson, 177 Wis. 2d 178, 502 N.W.2d 156 (Ct. App. 1993). 69.14 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. 69.14 AnnotationArkansas state law generally requires the name of the mother’s male spouse to appear on the child’s birth certificate, regardless of his biological relationship to the child, but did not require that birth certificates include the female spouses of women who gave birth in the state. That differential treatment infringes the commitment of Obergefell, 576 U.S. 644 (2015), to provide same-sex couples the constellation of benefits that the states have linked to marriage. Under Obergefell, a state may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Pavan v. Smith, 582 U.S. 563, 137 S. Ct. 2075, 198 L. Ed. 2d 636 (2017). See also Torres v. Seemeyer, 207 F. Supp. 3d 905 (2016). 69.14 AnnotationViewpoint: Wisconsin’s Undeveloped Surrogacy Law. Walsh. Wis. Law. Mar. 2012.
69.14569.145 Certificate of birth resulting in stillbirth. 69.145(1)(1) Information about preparation. If a birth that occurs in this state on or after August 1, 2004, results in a stillbirth for which a fetal death report is required under s. 69.18 (1) (e) 1., the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. shall advise the parent or parents of the stillbirth of all of the following: 69.145(1)(a)(a) That they may request preparation of a certificate of birth resulting in stillbirth. 69.145(1)(b)(b) That preparation of the certificate is optional. 69.145(1)(c)(c) How to obtain a certified copy of the certificate if one is requested and prepared. 69.145(2)(a)(a) If the parent or parents of the stillbirth, after being advised as provided in sub. (1), wish to have a certificate of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. shall, within 5 days after delivery of the stillbirth, prepare and file the certificate with the state registrar. 69.145(2)(b)(b) If the parent or parents of the stillbirth do not wish to provide a name for the stillbirth, the person who prepares the certificate of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth. 69.145(2)(c)(c) Either parent of the stillbirth or, if neither parent is available, another person with knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within 5 days after delivery. 69.145(3)(3) Special preparation under certain circumstances. Notwithstanding subs. (1) and (2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s. 69.18 (1) (e) 1. but a certificate of birth resulting in stillbirth was not prepared under sub. (2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth. 69.145(4)(4) General responsibilities of state registrar. The state registrar shall do all of the following: