Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Wisconsin adoption laws you need to know about when considering this for your family.
Both parents must be given notice of hearing in terminating parental rights, as well as, in the case of a non-marital child, a person who has an unrevoked declaration of paternal interest, an alleged father, or a person with a familial relationship with the child and may be the father. Notice of consent is not required of a father whose paternity has not been established or whose paternal rights have been terminated on the grounds of:
Wis. Stat. §§ 48.415, 48.42 (2020)
In Wisconsin, a putative father may file a declaration of interest in the child before the termination of parental rights.
An expectant mother may receive money towards, counseling services, maternity clothes for the child's birth mother, in an amount not to exceed $300, transportation, adoption services, medical expenses of the mother and child, legal expenses, living expenses of the child's birth mother, in an amount not to exceed $5,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus, expenses of ascertaining required information, birthing classes, and a gift to the child's birth mother from the proposed adoptive parents, of no greater than $100 in value.
This issue is not addressed under Wisconsin law, but it does specify that an attorney may not represent both adoptive parents and the birth parent or parents. Make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
The court may grant visitation rights to a blood relative who has maintained a parent-child like relationship with the adopted child within the last two years. The court may determine if visitation should be allowed by considering if visitation is in the best interest of the child, if visitation would undermine adoptive parents’ relationship with the child, or whether the petitioner would interfere with the adoptive parents’ parenting in regards to education, spirituality, etc. Visitation may not be granted to a relative who has been convicted of intentional homicide of the parent, unless the court finds visitation is in the best interest of the child. The court will also consider the wishes of the child in granting visitation.
Click here for a map showing which states enforce open adoption agreements.
A hearing must be heard within thirty days of filing a petition of consent, but the hearing may not be held before the birth of the child. Consent must be given in court unless the judge finds that it may be difficult for the birth parent to appear. In that case, a birth parent may submit written consent to a judge.
Wis. Stat. §§ 48.41(2), 48.837(3)-(4)(a) (2020)
Consent may be revoked on specific grounds such as mistake, newly discovered evidence, fraud by the adverse party, or a voided judgment. Except in the case of an Indian child, a motion must be filed within thirty days of an order terminating parental rights.