Stephen W. Hayes

Steve has been a litigator for more than 45 years. He has been recognized in Best Lawyers in America, Wisconsin Super Lawyers, as a Leader in the Law, and in Milwaukee Magazine as one of the top attorneys in his field in the greater Milwaukee area.

Steve served as lead counsel in over real 35 appellate cases in the area of adoption, foster care, guardianship, surrogacy, and real estate related cases. He continues to represent several Wisconsin adoption agencies, adoptive parents, or birth mothers. He was recognized as an “Angel in Adoption” by the Congressional Coalition on Adoption in Washington, D.C. in 2006.

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Education

University of Illinois College of Law, J.D., 1969

DePauw University, B.A., Dean’s List, 1966

Areas of Practice

Published Works

  • Adoption chapter for current Westlaw Practice Handbook for Lawyers 2010 to date

  • “Foster Parent Rights: The Rules Have Changed,” Wisconsin Journal of Family Law, Volume 19, No. 1, January 2000

  • “Sending Children Back,” American Bar Association Journal, April 1992

  • “Terminating Parental Rights,” Wisconsin Lawyer, June 1989

  • “Private Adoption in Wisconsin,” Wisconsin Journal of Family Law, Volume 7, No. 2, February 1988

  • “Adoption and Termination Proceedings in Wisconsin: Straining the Wisdom of Solomon,” Marquette University Law Review, Volume 66, No. 3, Spring 1983  

Classes & Seminars

  • Academy of Adoption and Assisted Reproduction Attorneys:

    • Surrogacy, Wrongful Adoption, Disrupted and Dissolved Adoptions, Financing Adoptions, Practice Tips for Lawyers, Litigating Contested Adoptions

  • Wisconsin & National Seminar Sponsors

    • Surrogacy, Adoption, Disruption and Dissolved Adoptions, Guardianships for Minors

Admissions

State of Wisconsin

7th Circuit Court of Appeals

U.S. District Court Eastern District of Wisconsin
U.S. District Court Western District of Wisconsin

U.S. Supreme Court


Sample Published Appellate Decisions

  • Rothstein v. Lutheran Social Services, 59 Wis. 2d 1, 207 N.W.2d 826 (1973) also two other reported WI Sup Ct decisions, Federal Dist. Ct. and U.S. Supreme Court decisions in case. Sustained TPR/adoption in challenge by father.

  • Nierengarten v. Lutheran Social Services of Wisconsin and Upper Michigan, Inc. and Chicago Insurance Co., 219 Wis. 2d 686, 580 N.W.2d 320 (Wisconsin Supreme Court 1998) Won dismissal of plaintiffs’ suit against agency for wrongful adoption.

  • Richard D. v. Rebecca G., 228 Wis. 2d 658, 599 N.W.2d 90 (Wis. Ct. App. 1999) Obtained reversal of trial court for foster parents in change of placement case brought by birth mother/Dept. Soc. Services.

  • Rosecky v. Schissel, 2013 WI 66 (Sup. Ct. 2013) first WI appellate decision on surrogacy issue. Represented Intended Parents in case in which Sup. Ct. reversed trial court and supported enforceability of parentage agreement.

Activities & Memberships

  • Academy of Adoption and Assisted Reproduction Attorneys (formerly know as American Academy of Adoption Attorneys), 1992 to date

    • Board of Trustees 1998-2002

    • Secretary 2000-2002

    • Vice President 2005-2005

  • Milwaukee Bar Association, President 1996-97

  • Wisconsin Association for Infant/Toddler Development, President 1988-89

  • Milwaukee Bar Association Foundation, Inc., President 1983-87

  • “At Issue” television program WMVS Channel 10, 1979-82 Host

  • American Bar Association/Young Lawyers Division, National Chairman, Law and Media Committee 1979-81

  • Milwaukee Young Lawyers Association, President 1977-78

  • “Law and You” television program, WTMJ Channel 4, 1977-78 Moderator

  • Academy of Adoption and Assisted Reproduction Attorneys Certified Adoption Mediator

  • Gift of Adoption Board Member, 1998 to date, Past President

  • Creating a Family, Board Member, National Adoption Education Provider, 2017 to date

  • Congressional Coalition on Adoption Institute (Angel in Adoption) recipient


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