What are the adoption laws in Wisconsin?

Wisconsin adoption law is found in Wisconsin Statutes Chapter 48 for minors, and stepparent adoptions are handled by the Circuit Court in your county. Wisconsin has 72 counties, so the clerk of your county's Circuit Court is a good contact for local forms, fees and procedures.

Who can adopt a minor. Under Wis. Stat. § 48.82, eligible adopters are Wisconsin residents. That includes a husband and wife jointly, either spouse when the other is the child's parent (the stepparent situation), or an unmarried adult. Wisconsin has no minimum residency period before you can file.

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

The other parent. If the child's other legal parent will not consent, or cannot be found, the answer depends on the facts of your case. One ground the law addresses is abandonment, which Wis. Stat. § 48.415 ties to a period of 6 months. Whether it applies to you is a question for an attorney or the Circuit Court clerk. The same goes for contested cases or an unknown parent.

Home study. For stepparent adoptions, the home study is waived under Wis. Stat. § 48.88. That removes a step that can add time in other types of adoption.

How long it takes. A stepparent adoption in Wisconsin typically takes about 3-6 months. Your county's court calendar can affect that, so the clerk can tell you what to expect locally.

Court fees. Filing fees are set by the court. Ask the Circuit Court clerk in your county for the current amount.

Adult adoption. Wisconsin also allows one adult to adopt another, and this falls under chapter 882 rather than chapter 48:

• The adopting adult must be a Wisconsin resident (Wis. Stat. § 882.01).
• The petition is filed in the Circuit Court of the county where the petitioner lives (Wis. Stat. § 882.03).
• The adult being adopted gives written consent. If the petitioner's spouse has not joined the petition, that spouse must consent too (Wis. Stat. § 882.02). Parental consent is not listed.
• A home study is not mandatory. The court enters its order after whatever investigation it considers advisable (Wis. Stat. § 882.04).
• A hearing is required, and it may be held in chambers. The petitioner and the adult adoptee attend unless the court orders otherwise. The court grants the order if it is in the best interests of the people involved (Wis. St