How does the adoption process work in Wisconsin?
Wisconsin handles adoptions through the Circuit Court under the Children's Code (Wis. Stat. Chapter 48), with TPR and adoption procedurally distinct.
1. Types of Adoption
2. Petitioner Eligibility
Under Wis. Stat. § 48.82, a husband and wife jointly, or an unmarried adult, may adopt. The petitioner must be a Wisconsin resident. The petition is filed in the Circuit Court of the county where the petitioner resides.
3. Consent Requirements
Wisconsin uses a TPR-then-adoption two-step. A birth parent's voluntary consent to TPR under Wis. Stat. § 48.41 cannot be given before the child's birth and is executed before the judge after a thorough on-the-record colloquy. Once the court enters the TPR order based on the consent, it is final and may be challenged only through a motion to vacate within statutory limits (typically 30 days under § 806.07).
4. Home Study
A pre-adoptive home study under Wis. Stat. § 48.88 is required for all non-step-parent adoptions and conducted by a licensed Wisconsin child-placing agency or county department. A post-placement supervisory period is also required before finalization. Step-parents are exempt.
5. Termination of Parental Rights (TPR)
Voluntary under § 48.41. Involuntary TPR under § 48.415 for grounds including abandonment, continuing CHIPS, failure to assume parental responsibility. Interstate placements require ICPC under § 48.988. ICWA (25 U.S.C. § 1901) applies, alongside Wisconsin's own state ICWA (§ 48.028).
6. Finalization Hearing
The Circuit Court holds a final hearing about 6 months after placement (§ 48.91). The court enters the Order of Adoption, and the State Registrar issues a new birth certificate (§ 69.15).
This is legal information, not legal advice.
- Motion to vacate a TPR order within 30 days
- Possible state and federal ICWA application
- Contested § 48.415 grounds for involuntary TPR
- Wis. Stat. Ch. 48
- Wis. Stat. § 48.41
- Wis. Stat. § 48.88
- Wis. Stat. § 48.028 (WI ICWA)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.