Does a death certificate replace the consent requirement for adoption in Wisconsin?

A death certificate is the official record that a parent has died, but how the Circuit Court treats it in place of that parent's consent is something to confirm with the Circuit Court clerk in your county, or with an attorney if your situation is not straightforward. Wisconsin law on that exact point should be checked before you file, so you don't assume either way.

What a death certificate does. It documents the death. You get a certified copy from the Wisconsin Vital Records Office if the death was recorded in Wisconsin. If the parent died in another state or country, you would ask that place's vital records office. Many families order a certified copy early so it is ready when they file.

Where the Circuit Court fits. A stepparent adoption in Wisconsin is filed in the Circuit Court of your county, and Wisconsin has 72 counties. The clerk can tell you which documents that court expects with a petition when the other parent has died, and what the filing fee is.

Other Wisconsin points that may matter to you:

• Your child's consent: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.
• Residency: Wisconsin sets no minimum residency period. Under Wis. Stat. § 48.82, the adopting stepparent must be a Wisconsin resident, and either spouse may adopt if the other is the child's parent.
• Home study: Wisconsin waives the home study in stepparent adoptions (Wis. Stat. § 48.88).
• Timeline: Stepparent adoptions in Wisconsin typically take 3-6 months.
• Waiting period after a death: Wisconsin's data lists none. If you are wondering whether you must wait before filing, the clerk can confirm.

If the other parent is living instead. Then you are dealing with a different situation. Wisconsin's abandonment period is 6 months under Wis. Stat. § 48.415. Whether that ground fits depends on your family's specific facts. If the other parent might object, or you don't know where that parent is, talk to the clerk or an attorney about that question specifically.

What to do next.

• Get a certified copy of the death certificate.
• Call the Circuit Court clerk in your county and ask how