At what age does my child need to consent to adoption in Wisconsin?

Wisconsin does not require your child to consent to a stepparent adoption, at any age. There is no minimum consent age. What the state does say is that a child who is 14 or older attends the adoption hearing unless the court orders otherwise.

What this means for your family

• Under 14: No consent from the child is required, and the data we rely on does not set an attendance rule for younger children. The Circuit Court clerk in your county can tell you how your court handles it.
• 14 or older: Plan for your child to be at the hearing. The court can order otherwise, so check with the clerk if there is a reason your teen cannot attend.
• Consent versus attendance: Being present at the hearing is not the same as giving legal consent. Your teen's role is to be there, not to sign off on the adoption.

If the person being adopted is an adult

Adult adoption is handled separately from adoption of a minor. For an adult, the adult being adopted must give written consent (Wis. Stat. § 882.02). An adult is anyone 18 or older. If that is your situation, the timeline is typically 4-8 weeks, compared with 3-6 months for a stepparent adoption of a minor.

Where the other parent comes in

Your child's feelings and the other parent's rights are separate questions. If the other biological parent is absent or unreachable, Wisconsin's abandonment period is 6 months (Wis. Stat. § 48.415). Whether it applies depends on the specific facts. For a contested case, an unknown or missing parent, or any question about whose consent is needed, ask the Circuit Court clerk or an attorney about your exact situation.

Other Wisconsin basics

• Court: Your petition goes to the Circuit Court. Wisconsin has 72 counties, and each one has its own clerk and local filing practices.
• Residency: Wisconsin sets no minimum residency period. Eligible adopters are Wisconsin residents (Wis. Stat. § 48.82).
• Home study: It is waived for stepparent adoptions (Wis. Stat. § 48.88).
• Fees: Court filing fees are set by the county, so the clerk can confirm the current amount.

Talking with your child

Even though the law doesn't require your child's consent, the conversation matters. Explain what the adoption means, what will happen at the hearing, and that their questions are welcome. Children often feel more at ease when they know what to expect in the courtroom, especially teens who will be attending.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Wisconsin county. You then file it yourself without an attorney. The cost is $349 for the first child, plus $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions. We back this with a 100% court acceptance guarantee, and we have helped 385 Wisconsin families, and more than 34,000 families nationally since 2001.