How old do you have to be to adopt in Wisconsin?

In Wisconsin, the adoption law does not give a minimum age in years for a married adopter, and for an unmarried adopter the law requires "an unmarried adult," meaning someone 18 or older. Whether you are adopting a child or an adult, the statutes focus on who you are and where you live more than on a specific birthday.

Adopting a minor (including a stepchild). Under Wis. Stat. § 48.82(1), the eligible adopters are Wisconsin residents who are:

• a husband and wife adopting jointly,
• either spouse, if the other spouse is the child's parent (this is the stepparent situation), or
• an unmarried adult.

No number is stated for married adopters. If you are a stepparent who is under 18 or close to it, ask the Circuit Court clerk in your county how the court handles your situation before you start.

Residency. Wis. Stat. § 48.82 requires the adopter to be a Wisconsin resident, but Wisconsin has no minimum residency period. You do not have to live in the state for a set number of months first.

Age gap between you and the child. The adoption provisions cited here do not state a required age difference between adopter and child. If you have a question about an unusual age situation, the Circuit Court clerk or an attorney can confirm whether anything else applies.

Adopting an adult. Wis. Stat. § 882.01 lets an adult be adopted by another adult who is a Wisconsin resident. The adopter must be an "adult," and no relationship or age-gap condition is stated. A few other points:

• The petition is filed in the Circuit Court in the county where the petitioner lives (Wis. Stat. § 882.03).
• The adult being adopted gives written consent. The petitioner's spouse also consents if they have not joined the petition (Wis. Stat. § 882.02).
• A hearing is required, and the court grants the adoption if it is in the best interests of the people involved (Wis. Stat. § 882.04).
• A home study is not mandatory for an adult adoption.
• Adult adoptions in Wisconsin typically take about 4-8 weeks.

What this means for stepparents. For a stepchild, Wisconsin waives the home study (Wis. Stat. § 48.88), and a stepparent adoption typically takes about 3-6 months. Age is rarely the hardest part. The harder parts are usually the other parent's rights and consent, and those depend on your family's facts. If the other parent is unknown, unreachable, or may object, ask the Circuit Court clerk or a Wisconsin family law attorney about your specific situation.

Next step. Wisconsin has 72 counties, and each Circuit Court has its own filing details. The clerk in your county can confirm any age question the statutes don't answer and tell you the current filing fee.