Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Wisconsin may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Wisconsin child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising in Adoptive Placements
Use of Advertisement
Citation: Ann. Stat. § 48.825
No person may do any of the following:
Advertise for the purpose of finding a child to adopt
Advertise that the person will find an adoptive home for a child or arrange for or assist in the adoption or adoptive placement of a child
Advertise that the person will place a child for adoption
This section does not apply to any of the following:
The department, a county department, or a licensed child welfare agency
An individual or agency providing adoption information
A foster care and adoption resource center or post adoption resource center
An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this State from the department, a county department, a licensed child welfare agency,
or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes
An individual seeking to place his or her child for adoption
No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting
the advertisement that indicates that the person or agency is licensed to provide adoption services in this State, the advertisement does not violate this section.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 48.913(1)
Preadoptive and postadoptive counseling for the birth parents or an alleged or presumed father
Maternity clothes, not to exceed a reasonable amount
Local transportation expenses
Medical and hospital care received by the birth mother and the child
Legal services
Living expenses up to $1,000 when necessary to protect the health and welfare of mother or fetus
Birthing classes
A gift to the mother, not to exceed $50 in value
Birth Parent Expenses Not Allowed
Citation: § 48.913(1), (4)
Medical and hospital care does not include lost wages or living expenses while receiving medical care.
Any payments other than those specifically authorized by statute are prohibited.
Allowable Payments for Arranging Adoption
Citation: § 948.24
It is illegal for a person to offer anything of value to solicit, negotiate, or arrange the placement of a child for adoption, except under § 48.833.
Allowable Payments for Relinquishing Child
Citation: §§ 948.24; 48.837
It is unlawful to place or agree to place a child for anything other than the actual cost of the items authorized in § 48.913.
Making any payment to a birth parent conditional upon the surrender of the child is considered coercion and grounds to dismiss the petition to adopt.
Allowable Fees Charged by Department/Agency
Citation: §§ 48.913(1); 48.838
Fees may be charged for services provided or investigations completed.
The department may charge a fee of $75 to review foreign adoption documents and provide the certification and approval required by State and Federal law.
Accounting of Expenses Required by Court
Citation: § 48.913(6), (7)
A report shall be submitted to the court at the time of the hearing that provides a list of all transfers of value made or agreed to be made to the birth parents or any other person in connection with
the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. §§ 48.41; 48.42
A parent may consent to a voluntary termination of parental rights. The father of a nonmarital child may consent to the termination of any parental rights that he may have.
A petition may also be filed by an agency or other authorized person. The following persons must be given notice of any hearing for terminating parental rights:
The parent or parents of the child, unless the child's parent has waived the right to notice
If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry and whose paternity has not been established:
A person who has filed an unrevoked declaration of paternal interest before the birth of the child or within 14 days after the birth of the child
A person or persons alleged to the court to be the father of the child or who may, based upon the statements of the mother or other information presented to the court, be the father of the child unless
that person has waived the right to notice
A person who has lived in a familial relationship with the child and who may be the father of the child
If the child is a nonmarital child who is under age 1 at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry and whose paternity has not been established
and if an affidavit is filed with the petition:
A person who has filed an unrevoked declaration of paternal interest before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice is mailed, whichever is
later
A person who has lived in a familial relationship with the child and who may be the father of the child
The guardian, guardian ad litem, and legal custodian of the child
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 48.42
Any child who is age 12 or older must be given notice to attend the hearing pertaining to his or her adoptive placement.
When Parental Consent is not Needed
Citation: Ann. Stat. §§ 48.415; 48.42
Notice of a hearing to terminate parental rights need be sent to a person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry and whose paternity
has not been established, and who has failed to establish his right to notice. In addition, consent is not required of any person whose parental rights have been terminated on any of the following grounds:
Parental rights have been terminated due to failure of the parents to assume responsibility.
The parent has abandoned the child.
There is continuing parental disability.
The parent has abused the child.
The parent has relinquished custody of the child when the child was 72 hours old or younger.
The parent has failed to assume responsibility for the child or to establish a substantial relationship with the child.
The parent has caused the child to be conceived as a result of incest or sexual assault.
The parent has been convicted of homicide or of solicitation to commit homicide of the child’s other parent.
When Consent Can Be Executed
Citation: Ann. Stat. § 48.837
A hearing is held within 30 days of the filing of a petition for voluntary termination of parental rights, but not before the birth of the child.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 48.025(2)
The putative father may file a declaration of parental interest at any time, except after termination of the putative father's parental rights.
The declaration must be in writing and signed by the putative father.
Please visit adoption law in Wisconsin for more details. |