How do I adopt my stepson or stepdaughter in Wisconsin?

To adopt your stepchild in Wisconsin, you file a petition in the Circuit Court in your family's county, complete the required consents and paperwork, and attend a hearing where a judge decides whether to grant the adoption. The process falls under Wisconsin Statutes Chapter 48, and a stepparent adoption typically takes 3-6 months.

Who can adopt. Under Wis. Stat. § 48.82(1), the eligible adopters of a minor are Wisconsin residents. That includes either spouse when the other spouse is the child's parent, which is the stepparent situation. Wisconsin sets no minimum residency period (Wis. Stat. § 48.82), so you do not have to wait a set number of months before filing.

The basic steps.

• Gather your information and your spouse's, plus details about the child and the child's other parent.
• Prepare the petition and supporting forms for your county. Wisconsin has 72 counties, and each Circuit Court clerk can tell you about local filing practices and the current filing fee.
• File with the Circuit Court clerk.
• Attend the hearing, where the judge reviews the case and decides whether to grant the adoption.
• After the order is entered, contact the Wisconsin Vital Records Office about the child's birth record.

Home study. Wisconsin waives the home study in stepparent adoptions (Wis. Stat. § 48.88), which removes a step that can add time and cost in other kinds of adoption.

Your stepchild'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. This is the part that depends most on your family's facts. Wis. Stat. § 48.415 sets a 6-month period connected to abandonment. Whether it applies to you, and how the other parent's rights are handled, depends on your circumstances. If the other parent is unknown, cannot be found, or might object, ask the Circuit Court clerk in your county or an attorney about your specific situation.

If your stepchild is already an adult. Adults are adopted under a different chapter, not chapter 48. Under Wis. Stat. § 882.01, an adult may be adopted by another adult who is a Wisconsin resident. The adult being adopted gives written consent. Your spouse also has to consent if they have not joined the petition (Wis. Stat. § 882.02). The petition is filed in the Circuit Court in the county where you live (Wis. Stat. § 882.03), and a hearing is required (Wis. Stat. § 882.04). Adult adoptions usually move faster, around 4-8 weeks.