What are Wisconsin's adoption laws?

Wisconsin adoptions are governed by Wisconsin Statutes Chapter 48 for children and by a separate set of statutes for adults, and a stepparent adoption is filed in the Circuit Court in your county. Here are the main points a parent or stepparent usually wants to know.

Court: Wisconsin has 72 counties, and each has its own Circuit Court. Court forms and local practices can differ from county to county, so the clerk in your county is the best contact for local details such as the filing fee.

Who can adopt a minor: Under Wis. Stat. § 48.82(1), eligible adopters are Wisconsin residents who are a husband and wife adopting jointly, either spouse if the other is the child's parent (the stepparent situation), or an unmarried adult.

Residency: Wisconsin sets no minimum waiting period for how long you must have lived in the state. The adopter must be a Wisconsin resident under Wis. Stat. § 48.82.

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

Abandonment and the other parent: If the child's other parent has not consented, the abandonment period in Wis. Stat. § 48.415 is 6 months. Wisconsin does not treat termination of parental rights as a separate step in the data we work from. Whether your situation fits abandonment, or what to do if the other parent objects or cannot be located, depends on your facts. Ask the Circuit Court clerk or an attorney about that specific issue.

Home study: For stepparent adoptions, the home study is waived under Wis. Stat. § 48.88.

Timeline: A stepparent adoption of a minor typically takes about 3-6 months. An adult adoption typically takes about 4-8 weeks.

Adult adoption: Adults are adopted under different statutes than children.

• Any adult (18 or older) who is a Wisconsin resident may adopt another adult under Wis. Stat. § 882.01.
• The petition is filed in the Circuit Court of the county where the person adopting lives (Wis. Stat. § 882.03).
• The adult being adopted must give written consent. The petitioner's spouse must also consent if that spouse has not joined the petition (Wis. Stat. § 882.02).
• A home study is not mandatory. The judge enters the order after whatever investigation the court considers advisable (Wis. Stat. § 882.04).
• A hearing is required, and it may be held in chambers. The petitioner and the adult being adopted attend unless the court orders otherwise. The order is granted if it is in the best interests of the people involved (Wis. Stat. § 882.04).

Birth records: Once an adoption is final, questions about updating a birth record go to the Wisconsin Vital Records Office.