Wisconsin Adoption Laws

Bringing home an adopted child can be a joyous experience for Wisconsin parents. It's not always a simple one. The adoptive legal process is complex. It can also be overwhelming and confusing for expanding families.

Wisconsin state law defines the legal regulations for adoption. This includes who is allowed to adopt and the requirements for adoptive parents. Specifically, Wisconsin adoption statutes state:

• Who can adopt
• Who can be adopted
• Other aspects regarding the legal process for adoption

This article provides a brief overview of adoption laws in the state of Wisconsin.

Legal Requirements for Wisconsin Adoptions

Wisconsin Statutes Social Services, Chapter 48, Subchapter XIX governs the adoption of minors and guardianship. The following section highlights a few key areas of its provisions.

Who can be adopted in Wisconsin?

Wisconsin allows any minor to be adopted if the child’s birth parents are deceased or have had their parental rights terminated.

Birth parents can choose to terminate their parental rights. Birth parents can also lose their parental rights for several reasons. These include child abuse or a continuing need for protective services.

Who must consent in Wisconsin adoptions?

In most cases, the child’s consent to the adoption is not needed in Wisconsin. Stepparent adoptions require the consent of both biological parents. Stepparent adoptions occur when an individual wishes to adopt the biological child of their spouse. The child’s other biological parent must consent before the stepparent adoption can be finalized.

There are exceptions to this rule. If a biological father is unknown or uninvolved with the child, the court can grant a stepparent adoption without the birth father’s consent.

Who can adopt in Wisconsin?

Eligible married couples and unmarried individuals can adopt in Wisconsin. An adoptive parent must be a Wisconsin resident.

Public Adoptions vs. Private Adoptions in Wisconsin

Prospective parents can choose between a public or private adoption process. Understanding the differences between public and private adoptions can help you make the best choice for your family and the adoptee.

Public Adoptions

Wisconsin public adoptions go through the state’s foster care system. Each Wisconsin county has a Public Adoptions Regional Contact.

Prospective adoptive parents must meet several requirements before finalizing a public adoption. First-time adoptive parents must complete 25 hours of training. This training covers several topics, including childhood trauma and cultural sensitivity.

Parents must also pass a home study. During the home study process, a state-contracted adoption worker determines if the adoptive family and the household are suitable, safe, and prepared to bring home an adopted child. The home study also aims to ensure parents have the willingness and resources to care for the child on a permanent basis.

The home study process includes:

• Criminal background checks
• Medical evaluations
• Reference checks

Public adoptions are often the least expensive type of adoption. Parents who adopt through the Wisconsin foster care system can also qualify for other grants and subsidies.

Wisconsin’s Adoption Assistance Program (AAP) provides adoptive parents with a one-time reimbursement of adoption expenses, up to $2,000 per child. Parents who adopt a child with eligible special needs can qualify for a monthly subsidy of up to $2,000 until the child turns 18. Children adopted from the foster care program are also eligible for Foster Care Medicaid.

Private Adoptions

Adoptive parents can also choose private adoption. Private adoptions are facilitated through a private agency or an attorney, rather than the public foster care program.

Private adoptions are more expensive than public adoptions. They offer more flexibility. Private adoptions are more likely to offer the possibility of open adoption arrangements. Prospective parents may have a better chance of adopting a newborn through a private adoption.

There are several ways to conduct a private adoption in Wisconsin. These include:

• Adoptions through private adoption agencies
• Independent adoptions where adoptive and birth parents work together with an attorney as opposed to an adoption provider
• International adoptions or foreign adoptions
• Relative and stepparent adoptions
• Adoptions through tribal agencies and customary adoptions

The Wisconsin Indian Child Welfare Act outlines some additional parameters for the adoption of a child who is or could be a member of a tribal community. If you have any questions about adoptions in Wisconsin, reach out to an adoption attorney.

Other Resources for Adoptive Families in Wisconsin

There are helpful resources available for those looking to adopt a child in Wisconsin. The links below offer post-adoption support, resources, and other adoption information.

• Birth-Parent Resources (Wisconsin Department of Children and Families)
• Adoption Record Search Program (Wisconsin Department of Children and Families)
• Adoption Resource Library (Wisconsin Family Connections Center)
• Adoption Laws (FindLaw)
• Wisconsin Family Laws (FindLaw)
• Birth Parents Considering an Adoption Plan (Wisconsin Department of Children and Families)
• Wisconsin Youth and Children Awaiting Permanent Homes (WI Adopt)

Adoption Laws in Wisconsin: At a Glance

The following table lists additional details for Wisconsin adoption laws.

Note: Wisconsin state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, it's best to consult with an attorney to learn how the law applies to your unique case.

Pursuing a Wisconsin Adoption? Get Legal Advice

State standards and regulations concerning adoption can be complex and are subject to change. Legal help is available for both prospective adoptive parents and birth mothers considering adoption for their child. An attorney can help you understand the termination of parental rights, navigate the legal complexities of the adoption process, and more.

Contact a Wisconsin adoption attorney to learn how they can support your adoptive family. Put their extensive knowledge of Wisconsin family law to work for you.