What are the requirements for stepparent adoption in Wisconsin?

In Wisconsin, a stepparent who is married to the child's parent can adopt through the Circuit Court in their county. There is no minimum residency period, but the statute describes eligible adopters as Wisconsin residents.

Who can adopt: Under Wis. Stat. § 48.82(1), eligible adopters of a minor include a husband and wife jointly, or either spouse if the other is the child's parent. That second category is the stepparent adoption. The statute does not state a minimum age for married adopters, so ask the Circuit Court clerk if you have a question about that.

Residency: Wisconsin sets no minimum number of months you must have lived in the state (Wis. Stat. § 48.82). Because the statute refers to Wisconsin residents, file in the county where your family lives.

The other parent: This is the part that most affects how smoothly your case goes. If the child's other legal parent is involved and supportive, that is a very different situation from one where the parent is absent or objects. Wisconsin's abandonment ground, found in Wis. Stat. § 48.415, uses a 6-month period. Whether it applies to your family, and exactly which consents or notices your case needs, depends on your facts. The clerk or a family law attorney can confirm this for you, especially if the case is contested or you don't know where the other parent is.

The child's consent: 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 for stepparent adoptions in Wisconsin (Wis. Stat. § 48.88). Confirm with your county's clerk whether the judge wants anything additional.

Where to file: Your petition goes to the Circuit Court. Wisconsin has 72 counties, and each court may have its own local forms and procedures. The filing fee is not something we can quote for your county, so the clerk can confirm it.

Timeline: A stepparent adoption in Wisconsin typically takes 3-6 months. Your timing will depend on your court's calendar and on whether the other parent's rights are straightforward.

A quick checklist to get started:

• Confirm you are married to the child's parent and live in