Can I adopt my stepchild who was born in another country in Wisconsin?

Yes. As a stepparent, you can ask a Wisconsin Circuit Court to approve the adoption of a stepchild who was born in another country. The Wisconsin steps are laid out below, and a few questions about foreign records and immigration depend on your family's facts.

Court and residency: The case is filed in the Circuit Court in your county (Wisconsin has 72 counties). Wisconsin sets no minimum residency period. Wis. Stat. § 48.82 describes eligible adopters as Wisconsin residents, including either spouse when the other spouse is the child's parent.

The other parent: A child's country of birth does not change the question of the other legal parent. That parent either consents, or the case rests on grounds such as abandonment. Wisconsin's abandonment provision is Wis. Stat. § 48.415, and it uses a 6-month period. Wisconsin does not require a separate termination case in a stepparent adoption. If the other parent lives abroad, can't be located, or may object, the right approach depends on the details. Talk to an attorney or the Circuit Court clerk about that specific issue.

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

Home study: A home study is waived in stepparent adoptions (Wis. Stat. § 48.88).

Timeline: Stepparent adoptions in Wisconsin typically take 3-6 months.

Foreign-born child details that depend on your situation:

• Birth records: Ask the Circuit Court clerk in your county which documents the court wants for a child's foreign birth record, and whether a translation is needed.
• New birth certificate: Ask the Wisconsin Vital Records Office whether and how a new record can be issued after the adoption for a child born abroad.
• Immigration and citizenship: An adoption order and a child's immigration status are separate questions. If your stepchild's status or citizenship is a concern, speak with an immigration attorney before you file.
• Fees: The clerk in your county can confirm the current court filing fee.

If your stepchild is already an adult: A person 18 or older can be adopted under a different chapter of Wisconsin law. The adopting adult must be a Wisconsin resident (Wis. Stat. § 882.01), and the adult being adopted must give written consent.