Can a same-sex stepparent adopt in Wisconsin?

Yes. If you are married to your child's parent and you live in Wisconsin, you can ask the Circuit Court to approve a stepparent adoption. Under Wis. Stat. § 48.82, a Wisconsin resident can adopt as either spouse when the other spouse is the minor's parent.

How the Wisconsin process works for you:

• Court: You file in the Circuit Court. Wisconsin has 72 counties, and each has its own clerk who can explain local filing steps.
• Residency: Wisconsin sets no minimum waiting period. The adopting spouse does need to be a Wisconsin resident (Wis. Stat. § 48.82).
• Child's consent: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.
• Home study: It is waived for stepparent adoptions (Wis. Stat. § 48.88).
• Separate termination case: Wisconsin does not require a separate termination proceeding in this situation.
• Timeline: Stepparent adoptions in Wisconsin typically take 3-6 months.

The other legal parent: This is often the most important question for same-sex families, and the answer depends on your facts. Your child may have another legal parent who is involved, absent, or not known to you. Wisconsin's abandonment ground uses a six-month period (Wis. Stat. § 48.415). Whether it applies, and what is needed if the other parent is unknown, deceased, or does not agree, turns on your circumstances. The Circuit Court clerk in your county or a family law attorney can answer that for your situation. If your case is contested, speak with an attorney before you file.

If you are not married to your partner: Wis. Stat. § 48.82 also allows "an unmarried adult" to adopt a minor. How that works for an unmarried partner of a child's parent, including whether the parent's own rights are affected, is a question to confirm with the Circuit Court clerk or an attorney before you plan your filing.