9. The child is a foreign child who has been freed for adoption.
10. The child has been adopted in another jurisdiction and is being readopted
in this state.
Under current law, a husband and wife jointly, a stepparent or an unmarried
adult may adopt a child. This bill permits 2 unmarried adults who reside together
in the same home to adopt a child jointly.
Current adoption procedures distinguish between placement of a child with a
nonrelative for adoption and placement of a child with a relative, including a
stepparent, for adoption. To place a child with a nonrelative for adoption, a parent
having custody of the child and the proposed adoptive parent or parents must
petition the court assigned to exercise jurisdiction under the children's code (juvenile
court) to permit the placement. To place a child with a relative for adoption, a parent
having custody of the child does not need a juvenile court order permitting that
placement. Before a nonrelative may file a petition to finalize an adoption, the child
must have been placed in the nonrelative's home for 6 months or more. A relative,
on the other hand, may petition for adoption at any time.
This bill applies the current procedure for adoption by a relative to adoptions
by unmarried adults described in items 6. and 7. above.
Custody, Support and Physical Placement
Under current law, a court of civil and criminal jurisdiction exercising the
jurisdiction of a family court (family court) has jurisdiction over certain types of
actions known as actions affecting the family. Those actions include actions for
annulment, divorce, legal separation, child custody, child support and periods of
physical placement of a child. This bill grants to the family court jurisdiction over
actions for custody, child support and periods of physical placement of a child who
has been adopted by an unmarried adult under the circumstances described in items
6. or 7. above or by 2 unmarried adults jointly, whose parents no longer reside
together with the child in the same home and one or both of whose parents do not
intend, in the future, either to reside together with the child in the same home or to
permit the other parent to reside with the child and that parent in the same home.
Guardianship and Visitation
Under current law, the juvenile court, in appointing a guardian or temporary
guardian of the person or of the estate, or both, of a minor, must consider nominations
made by the parent of the minor in the parent's will. This bill requires the juvenile
court, if both parents of a minor are deceased and if the last surviving parent did not
nominate a guardian by will, to appoint as guardian or temporary guardian of the
person or of the estate, or both, of the minor a person who meets all of the following
qualifications, unless the juvenile court finds that the appointment is not in the best
interests of the minor:
1. The last surviving parent consented to and fostered the person's formation
of a parent-like relationship with the minor.
2. The person resided with the minor and the last surviving parent prior to the
death of that parent.
3. The person assumed obligations of parenthood by taking significant
responsibility for the minor's care, education and development, including

contributing towards the minor's support, without expectation of financial
compensation.
4. The person has been in a parental role for a length of time sufficient for the
person to have established with the minor a bonded, dependent relationship that is
parental in nature.
5. The person states that he or she agrees to serve as guardian or temporary
guardian if appointed by the juvenile court.
The bill also requires the juvenile court, if one parent of a minor is deceased and
if the deceased parent did not nominate a guardian by will, to appoint as guardian
or temporary guardian of the person or of the estate, or both, of the minor a person
who states that he or she agrees to serve as guardian or temporary guardian if
appointed by the juvenile court and whose appointment is consented to by the
surviving parent, unless the juvenile court finds that the appointment is not in the
best interests of the minor.
Under current law, if one or both of the parents of a minor are deceased, a
grandparent or stepparent may petition the juvenile court for visitation privileges
with respect to the minor and the juvenile court may grant reasonable visitation
privileges to the grandparent or stepparent if the surviving parent or other person
who has custody of the minor has notice of the hearing on the petition and if the
juvenile court determines that the visitation is in the best interests of the minor.
This bill permits a person who is not a parent of a minor, but who has resided
with the minor and a parent of the minor prior to the parent's death and who has
maintained a relationship similar to a parent-child relationship with the minor
within 2 years prior to the date on which a petition for visitation privileges is filed
to petition the juvenile court for visitation privileges with respect to the minor in the
same manner as a grandparent or stepparent may petition for visitation privileges
under current law. The bill also permits a juvenile court to grant reasonable
visitation privileges to such a person on the same basis as the juvenile court may
grant visitation privileges to a grandparent or stepparent under current law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB859, s. 1 1Section 1. 48.81 of the statutes is repealed and recreated to read:
AB859,4,4 248.81 Who may be adopted. Any child who is present in this state at the time
3that the petition for adoption is filed may be adopted if any of the following criteria
4is met:
AB859,4,5 5(1) Both of the child's parents are deceased.
AB859,5,2
1(2) The parental rights of both the child's parents with respect to the child have
2been terminated under subch. VIII or in another state or a foreign jurisdiction.
AB859,5,5 3(3) The parental rights of one of the child's parents with respect to the child
4have been terminated under subch. VIII or in another state or a foreign jurisdiction
5and the child's other parent is deceased.
AB859,5,9 6(4) The child was born as a result of artificial insemination under the
7circumstances described in s. 891.40 (2), the child has only one parent and that
8parent is deceased or the parental rights of that parent with respect to that child have
9been terminated under subch. VIII or in another state or foreign jurisdiction.
AB859,5,12 10(5) The parental rights of one of the child's parents with respect to the child
11have been terminated under subch. VIII or in another state or a foreign jurisdiction
12or one of the child's parents is deceased and all of the following apply:
AB859,5,1413 (a) The person filing the petition for adoption is the spouse of the child's
14remaining parent.
AB859,5,1615 (b) The child and the child's remaining parent reside in the same home with
16the person filing the petition for adoption.
AB859,5,19 17(6) The parental rights of one of the child's parents with respect to the child
18have been terminated under subch. VIII or in another state or a foreign jurisdiction
19or one of the child's parents is deceased and all of the following apply:
AB859,5,2120 (a) The person filing the petition for adoption is an unmarried adult with whom
21the child and the child's remaining parent reside in the same home.
AB859,5,2422 (b) The person filing the petition for adoption has maintained and is
23maintaining a relationship with the child that is similar to a parent-child
24relationship.
AB859,6,2
1(c) The child's remaining parent has custody, as defined in s. 48.835 (1), of the
2child.
AB859,6,33 (d) The child's remaining parent consents to the adoption.
AB859,6,5 4(7) The child has 2 living parents, but only one of those parents has custody,
5as defined in s. 48.835 (1), of the child, and all of the following apply:
AB859,6,76 (a) The person filing the petition for adoption is an unmarried adult with whom
7the child and the parent who has custody of the child reside in the same home.
AB859,6,108 (b) The person filing the petition for adoption has maintained and is
9maintaining a relationship with the child that is similar to a parent-child
10relationship.
AB859,6,1111 (c) The parent who has custody of the child consents to the adoption.
AB859,6,1312 (d) The parental rights of the parent who does not have custody of the child are
13terminated under subch. VIII.
AB859,6,17 14(8) The child was born as a result of artificial insemination under the
15circumstances described in s. 891.40 (2), the child has only one living parent, that
16parent has custody, as defined in s. 48.835 (1), of the child and any of the following
17applies:
AB859,6,2018 (a) The person filing the petition for adoption is the spouse of the child's parent
19and the child and the child's parent reside in the same home with the person filling
20the petition for adoption.
AB859,6,2521 (b) The person filing the petition for adoption is an unmarried adult with whom
22the child and the child's parent reside in the same home, the person filing the petition
23for adoption has maintained and is maintaining a relationship with the child that
24is similar to a parent-child relationship and the child's parent consents to the
25adoption.
AB859,7,1
1(9) Section 48.839 (3) (b) applies.
AB859,7,2 2(10) The child is being readopted under s. 48.97.
AB859, s. 2 3Section 2. 48.82 (1) (c) of the statutes is created to read:
AB859,7,54 48.82 (1) (c) Two unmarried adults who reside together in the same home,
5jointly.
AB859, s. 3 6Section 3. 48.835 (title) of the statutes is amended to read:
AB859,7,8 748.835 (title) Placement of children with relatives and certain
8unmarried adults
for adoption.
AB859, s. 4 9Section 4. 48.835 (1) of the statutes is amended to read:
AB859,7,1410 48.835 (1) Definition. In this section and s. ss. 48.837 and 48.90, "custody"
11means physical custody of a child by the child's parent not in violation of a custody
12order issued by a court. "Custody" does not include physical custody of a child during
13a period of physical placement with a parent who does not have legal custody of the
14child.
AB859, s. 5 15Section 5. 48.835 (2) of the statutes is amended to read:
AB859,7,1816 48.835 (2) Adoptive placement. A parent having custody of a child may place
17the child for adoption in the home of a relative or in the home of the parent and an
18unmarried adult as described in s. 48.90 (1) (e) or (f)
without a court order.
AB859, s. 6 19Section 6. 48.835 (3) of the statutes is amended to read:
AB859,7,2520 48.835 (3) Petition for termination of parental rights required; exception.
21(a) If the child's parent has not filed a petition for the termination of parental rights
22under s. 48.42, the relative with whom the child is placed or an unmarried adult
23described in s. 48.90 (1) (f)
shall file a petition for the termination of the parents'
24rights at the same time the petition for adoption is filed, except as provided under
25par. (b).
AB859,8,4
1(b) If the person filing the adoption petition is a stepparent with whom the child
2and the child's parent reside or an unmarried adult described in s. 48.90 (1) (f), the
3stepparent or unmarried adult shall file only a petition to terminate the parental
4rights of the parent who does not have custody of the child.
AB859, s. 7 5Section 7. 48.90 (1) (e) of the statutes is created to read:
AB859,8,76 48.90 (1) (e) The petitioner is an unmarried adult, the child who is the subject
7of the petition has only one living parent and all of the following apply:
AB859,8,88 1. The child and the child's parent reside in the same home with the petitioner.
AB859,8,109 2. The petitioner has maintained and is maintaining a relationship with the
10child that is similar to a parent-child relationship.
AB859,8,1111 3. The child's parent has custody of the child.
AB859,8,1312 4. The petition is accompanied by a written consent to the adoption signed by
13the child's parent.
AB859, s. 8 14Section 8. 48.90 (1) (f) of the statutes is created to read:
AB859,8,1715 48.90 (1) (f) The petitioner is an unmarried adult, the child who is the subject
16of the petition has 2 living parents, but only one of those parents has custody of the
17child and all of the following apply:
AB859,8,1918 1. The child and the parent who has custody of the child reside in the same home
19with the petitioner.
AB859,8,2120 2. The petitioner has maintained and is maintaining a relationship with the
21child that is similar to a parent-child relationship.
AB859,8,2322 3. The petition is accompanied by a written consent to the adoption signed by
23the parent who has custody of the child.
AB859,8,2524 4. The petition is accompanied by a petition for the termination of parental
25rights of the parent who does not have custody of the child.
AB859, s. 9
1Section 9. 49.90 (2r) of the statutes is amended to read:
AB859,9,42 49.90 (2r) An action under sub. (2) or (2g) for maintenance of a grandchild by
3a grandparent may be joined with an action to determine paternity under s. 767.45
4(1) or an action for child support under s. 767.02 (1) (f) or, (j) or (n) or 767.08, or both.
AB859, s. 10 5Section 10. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act ....
6(Assembly Bill 378), is amended to read:
AB859,9,177 565.30 (5m) Withholding of child support, spousal support, maintenance or
8family support.
The administrator shall report to the department of workforce
9development the name, address and social security number of each winner of a
10lottery prize that is payable in instalments. Upon receipt of the report, the
11department of workforce development shall certify to the administrator whether any
12payee named in the report is obligated to provide child support, spousal support,
13maintenance or family support under s. 767.02 (1) (f) or , (g), (j) or (n), 767.10, 767.23,
14767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the
15amount required to be withheld from the lottery prize under s. 767.265. The
16administrator shall withhold the certified amount from each payment made to the
17winner and remit the certified amount to the department of workforce development.
AB859, s. 11 18Section 11. 767.02 (1) (n) of the statutes is created to read:
AB859,9,2519 767.02 (1) (n) For custody, child support or periods of physical placement of a
20child who has been adopted by an unmarried adult under the circumstances specified
21in s. 48.81 (6), (7) or (8) (b) or by 2 unmarried adults jointly, whose parents no longer
22reside together with the child in the same home and one or both of whose parents do
23not intend, in the future, either to reside together with the child in the same home
24or to permit the other parent to reside with the child and that parent in the same
25home.
AB859, s. 12
1Section 12. 767.05 (5) of the statutes is amended to read:
AB859,10,102 767.05 (5) Title of actions. An action affecting the family under s. 767.02 (1)
3(a) to (d) or (g) to (k) shall be entitled "In re the marriage of A.B. and C.D.", except
4that an independent action for visitation under s.767.245 (3) shall be entitled "In re
5visitation with A. B.". An action affecting the family under s. 767.02 (1) (f) or (m) shall
6be entitled "In re the support of A.B.". A child custody action shall be entitled "In re
7the custody of A.B.". An action affecting the family under s. 767.02 (1) (n) shall be
8entitled "In re the custody, support and physical placement of A. B.", whichever is
9applicable.
In all other respects, the general provisions of chs. 801 and 802
10respecting the content and form of the summons and pleadings shall apply.
AB859, s. 13 11Section 13. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin Act
1227
, is amended to read:
AB859,10,18 13767.077Support for dependent child. (intro.) The state or its delegate
14under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
15(1) (f) or (n) or, if appropriate, for paternity determination and child support under
16s. 767.45 whenever the child's right to support is assigned to the state under s.
1746.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of
18the following apply:
AB859, s. 14 19Section 14. 767.085 (1) (a) of the statutes is amended to read:
AB859,10,2320 767.085 (1) (a) The name and birthdate of the parties, the social security
21numbers of the husband and wife parties and their occupations, the date and place
22of marriage, if the parties are married, and the facts relating to the residence of both
23the parties.
AB859, s. 15 24Section 15. 767.085 (1) (b) of the statutes is amended to read:
AB859,11,3
1767.085 (1) (b) The name and birthdate of each minor child of the parties and
2each other child born to the wife a party during the marriage, if the parties are
3married,
and whether the wife a party is pregnant.
AB859, s. 16 4Section 16. 767.085 (2) (a) of the statutes is amended to read:
AB859,11,85 767.085 (2) (a) Either or both of the parties to the a marriage or either or both
6of the parents of a child
may initiate the action. The party initiating the action or
7his or her attorney shall sign the petition. Both parties or their respective attorneys
8shall sign a joint petition.
AB859, s. 17 9Section 17. 767.10 (1) of the statutes is amended to read:
AB859,11,1710 767.10 (1) The parties in an action for an annulment, divorce or legal
11separation may, subject to the approval of the court, stipulate for a division of
12property, for maintenance payments, for the support of children, for periodic family
13support payments under s. 767.261 or for legal custody and physical placement, in
14case a divorce or legal separation is granted or a marriage annulled. The parties in
15an action for custody, child support or periods of physical placement of a child may,
16subject to the approval of the court, stipulate for the support of the child, for legal
17custody of the child or for periods of physical placement of the child.
AB859, s. 18 18Section 18. 767.115 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
19.... (Assembly Bill 270), is amended to read:
AB859,12,220 767.115 (1) (a) At any time during the pendency of an action affecting the family
21in which a minor child is involved and in which the court or family court
22commissioner determines that it is appropriate and in the best interest of the child,
23the court or family court commissioner, on its own motion, may order the parties to
24attend a program specified by the court or family court commissioner concerning the

1effects on
what happens to a child of a dissolution of the marriage if the child's
2parents divorce, legally separate or cease residing together in the same home
.
AB859, s. 19 3Section 19. 767.21 (1) (a) of the statutes is amended to read:
AB859,12,134 767.21 (1) (a) Full faith and credit shall be given in all courts of this state to
5a judgment in any action affecting the family, except an action relating to child
6custody, by a court of competent jurisdiction in another state, territory or possession
7of the United States, when both spouses parties personally appear or when the
8respondent has been personally served. Full faith and credit shall also be given in
9all courts of this state to the amount of arrearages owed for nonpayment or late
10payment of a child support, family support or maintenance payment under an order
11issued by a court of competent jurisdiction in another state, territory or possession
12of the United States. A court in this state may not adjust the amount of arrearages
13owed except as provided in s. 767.32 (1m).
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