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Abstract

In the age of assistive reproductive technology, same-sex couples have more avenues than ever before to become parents, but the law has failed to match pace. With the ever-growing number of same-sex couples conceiving children through artificial insemination, Wisconsin must take action to remedy the inequality of same-sex couples adopting their biological or intended children. As of the publication of this comment, it is recommended that same-sex couples follow the adoption process for their child, as a formal adoption constitutes a court order granting full parentage security because other more efficient options, such as a gender-neutral voluntary parentage acknowledgement, are not available to same-sex couples in Wisconsin. Although great strides have been made towards equality for same-sex couples and parental rights, the lengthy, expensive, and invasive adoption process is yet another barrier for same-sex couples looking to start families. To remedy this inequity, Wisconsin must pass 2025 Senate Bill 321, allowing same-sex couples to use voluntary parentage acknowledgment forms at birth. This solution would not only ensure both parents are legally protected, but also shields same-sex parentage rights from threats to marriage equality at the federal level.

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