Can both my spouse and I adopt each other's children from prior relationships in Wisconsin?

Yes. Wisconsin law lets a married person adopt a child when their spouse is the child's parent, so you can adopt your spouse's children and your spouse can adopt yours (Wis. Stat. § 48.82). Wisconsin does not use a special "cross-adoption" form. Each child's adoption is its own stepparent adoption, and you can take them on in the same period.

How it works

• Your adoption: you adopt your spouse's child from a prior relationship.
• Your spouse's adoption: your spouse adopts your child from a prior relationship.
• Where you file: the petitions go to the Circuit Court in your county. Wisconsin has 72 counties, and whether the clerk wants separate filings or a combined one is something the Circuit Court clerk in your county can confirm.

Wisconsin requirements that matter here

• Residency: the adopting spouses must be Wisconsin residents under Wis. Stat. § 48.82. Wisconsin sets no minimum number of months of residency.
• Child's consent: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.
• The other parent: each child's situation is different. Wisconsin's abandonment period is 6 months (Wis. Stat. § 48.415). If a child's other parent is involved, unknown, or likely to object, how that is handled depends on the facts. The clerk or a family law attorney can advise you on that specific child.
• Home study: it is waived (Wis. Stat. § 48.88).

Timeline

A stepparent adoption in Wisconsin typically takes 3-6 months. Because each adoption is a separate case, how closely the two line up depends on your county's practice, so ask the clerk about scheduling.

If any of the children are adults

Adopting an adult in Wisconsin falls under a different chapter than adopting a minor (Wis. Stat. § 882.01). It requires the adult's written consent and a hearing, and it usually moves faster, at about 4-8 weeks. If your family has both minor and adult children, each adoption follows its own rules.

What the adoptions accomplish

Once both are granted, you and your spouse are each a legal parent to every child in your blended family. Both of you then have the same legal relationship to all of the children.

When to get individual help

If another parent might contest, cannot be found, or has not been involved, talk to the Circuit Court clerk or an attorney about that child. We prepare paperwork but cannot tell you how a court will rule in your particular case.