Can a stepparent adopt without the father's permission in Wisconsin?

Yes, in some situations a stepparent can adopt in Wisconsin without the father's permission, but it depends on the facts, and the Circuit Court makes the decision. The father's signature is not the only path, and abandonment is the issue that usually comes up when he is absent.

The abandonment period: Wisconsin sets its abandonment period at six months, and the rule is in Wis. Stat. § 48.415. Whether your child's father meets that standard depends on his actual history with the child. The judge decides that, not you and not us.

No separate termination case: In Wisconsin, termination of the father's rights is not a separate stand-alone case for a stepparent adoption. The question is dealt with within your adoption case in the Circuit Court of the county where you file. Wisconsin has 72 counties, and each clerk's office can explain its local filing steps.

What we can't tell you from here: Several points turn on your specific situation, and the Circuit Court clerk in your county or a family law attorney should confirm them:

• Exactly when a father's consent is required and when it is not
• What happens if you do not know where he is, or if his identity is uncertain
• What happens if he contests the adoption
• How a judge would view his contact, support, or lack of either

If he objects or the case is contested, speak with an attorney about that specific issue before you file.

Other Wisconsin details that may help:

• Residency: Wisconsin sets no minimum residency period for stepparent adoption. The rule on who may adopt is in Wis. Stat. § 48.82, which refers to Wisconsin residents.
• Home study: It is waived for stepparent adoptions under Wis. Stat. § 48.88, which usually shortens the process.
• Child's consent: 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.
• Filing fee: The Circuit Court clerk in your county can tell you the current filing fee.

Where to begin: Think through the father's history with your child, and gather anything that shows it, such as dates of last contact, messages, and records. Then ask your county clerk how that county handles cases where a parent has not agreed to the adoption.

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. You file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child.