Can a step-grandparent adopt a grandchild in Wisconsin?

A step-grandparent may be able to adopt a grandchild in Wisconsin, but it is not a stepparent adoption, and whether it works for your family depends on your specific facts. A stepparent adoption is for the spouse of a child's parent. A step-grandparent is married to the child's grandparent, so the rules for who may adopt matter first.

Who may adopt a minor: Under Wis. Stat. § 48.82, the eligible adopters of a minor are Wisconsin residents who are:

• a husband and wife adopting jointly,
• either spouse, if the other spouse is the minor's parent, or
• an unmarried adult.

Your spouse is the child's grandparent, not the child's parent, so the "spouse of the parent" route is not the one written for your marriage. The joint husband-and-wife route is the one that describes a married couple adopting together. Whether a step-grandparent petition fits within it is a question to confirm with the Circuit Court clerk in your county or with an attorney before you file.

The child's parents: Wisconsin law on how a grandparent or step-grandparent petition is handled when a parent has not agreed should be confirmed with the Circuit Court clerk or an attorney. What we can tell you is that Wisconsin's abandonment period is 6 months under Wis. Stat. § 48.415, and that termination of parental rights is not handled as a separate step in the data we follow for Wisconsin. If a parent is unknown, cannot be found, or objects, talk to an attorney about that specific issue.

Residency: Wisconsin has no minimum residency period under Wis. Stat. § 48.82. The adopters of a minor must be Wisconsin residents.

Court: Your petition is filed in the Circuit Court. Wisconsin has 72 counties, and the clerk in your county can tell you about local filing steps and the current filing fee.

Home study: Wisconsin waives the home study in stepparent adoptions under Wis. Stat. § 48.88. Whether that waiver reaches a step-grandparent petition is something to confirm with the clerk or an attorney, so do not assume it applies.

The child's role: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.

Timeline: Stepparent adoptions in Wisconsin typically take 3-6 months. A step-grandparent case may follow a different path, so ask the clerk what to expect in your county.

Questions to settle before you start:

• Is the child's other legal parent involved, unknown, or deceased?
• Will you and your spouse petition together?
• Does anyone plan to contest the adoption?

If any answer is uncertain, an attorney can advise on that point before you file.

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 county, which you file yourself without an attorney. The price is $349 for the first child and $99 for each additional child, with court-ready documents delivered 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 34,000+ families nationally since 2001.