AB41,9,2018 (b) Except as provided in par. (a) and sub. (4) (a), the termination of a parent's
19parental rights to a child who is a citizen of a foreign jurisdiction is not required prior
20to the child's adoption by his or her guardian or parent.
AB41,9,2521 (c) If a petition for adoption is filed under par. (a), the individual guardian or
22parent
filing the petition shall file a copy of the petition with the department at the
23time the petition is filed with the court. If the individual guardian or parent filed an
24instrument other than a court order or judgment under sub. (2) (a), the department
25may make a recommendation to the court as to whether the instrument filed has the

1effect under the laws of the foreign jurisdiction of freeing the child for adoption or of
2granting adoption to the parent
.
AB41,10,133 (d) If a petition for adoption is filed under par. (a) and the individual guardian
4or parent filing the petition filed an instrument other than a court order or judgment
5under sub. (2) (a), the court shall determine whether the instrument filed has the
6effect under the laws of the foreign jurisdiction of freeing the child for adoption or of
7granting adoption to the parent
. The court shall presume that the instrument has
8that effect unless there are substantial irregularities on the face of the document or
9unless the department shows good cause for believing that the instrument does not
10have that effect. If the court determines that the instrument does not have the effect
11of freeing the child for adoption or of granting adoption to the parent, the court shall
12order the petitioner to file a petition to terminate parental rights under s. 48.42
13within 10 days.
AB41,10,1714 (e) If a petition for adoption is filed under par. (a) and the individual guardian
15or parent filing the petition filed a court order or judgment under sub. (2) (a), the
16court order or judgment shall be legally sufficient evidence that the child is free for
17adoption or has been adopted by the parent.
AB41,11 18Section 11. 48.839 (4) (intro.), (a) and (c) of the statutes are amended to read:
AB41,10,2119 48.839 (4) Transfer of guardianship; forfeiture of bond. (intro.) If a
20guardian or parent does not file a petition as required under sub. (3) (a) or (d), or if
21the petition for adoption under sub. (3) is withdrawn or denied, the court:
AB41,10,2522 (a) Shall transfer guardianship of the child to the department, to a county
23department under s. 48.57 (1) (e) or (hm) or to a child welfare agency under s. 48.61
24(5) and order the guardian or parent to file a petition for termination of parental
25rights under s. 48.42 within 10 days.
AB41,11,2
1(c) Shall order the guardian or parent who filed the bond under sub. (1) (1m)
2(a) to show cause why the bond should not be forfeited.
AB41,12 3Section 12. 48.88 (2) (a) 4. of the statutes is amended to read:
AB41,11,84 48.88 (2) (a) 4. If the child is a citizen of a foreign jurisdiction and is under the
5guardianship of an individual the petitioner, or was adopted by the petitioner, by
6order of a court of that jurisdiction
, the agency which conducted the home study
7required under federal law prior to the child's entry into the United States
that
8negotiated or arranged placement under s. 48.839
.
Note: This Section amends the home study requirements for an adoptive parent
who was appointed guardian of a child in the child's home country to also apply to an
adoptive parent who was granted an adoption of a child by a court of the child's home
country.
AB41,13 9Section 13. 48.91 (3) of the statutes is amended to read:
AB41,11,1810 48.91 (3) If after the hearing and a study of the report required by s. 48.88 and
11the recommendation required by s. 48.841 or 48.89, the court is satisfied that the
12necessary consents or recommendations have been filed and that, except as provided
13in sub. (4),
the adoption is in the best interests of the child, the court shall make an
14order granting the adoption. In determining whether the adoption is in the best
15interests of an Indian child, the court shall comply with the order of placement
16preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court
17finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The
18order may change the name of the minor to that requested by petitioners.
Note: This Section specifies that the standard for approving an adoption is subject
to a modified standard if the adoption proceeding is for the readoption of a child who was
adopted by the adoptive parents in the child's home country.
AB41,14 19Section 14. 48.91 (4) of the statutes is created to read:
AB41,12,220 48.91 (4) In a proceeding under s. 48.839 for the readoption of a child who was
21a citizen of a foreign jurisdiction by a petitioner who was granted adoption of the child

1by a court of that jurisdiction, the court may not consider when granting the adoption
2under sub. (3) whether the adoption is in the best interests of the child.
Note: This Section modifies the standard for approving the adoption of a child
when the child was adopted by the adoptive parents in the child's home country. This
Section requires a court in approving readoption of the child to consider only whether
all adoption requirements have been met and whether the order of the foreign court was
effective under the laws of that jurisdiction, and prohibits a court from assessing the best
interests of the child. If the court is satisfied that the necessary procedural requirements
have been met and that the foreign court order is effective, the court must recognize the
adoption granted by the foreign court and must grant readoption of the child under
Wisconsin law.
AB41,15 3Section 15. 48.97 of the statutes is renumbered 48.97 (1) and amended to read:
AB41,12,104 48.97 (1) Other state. When the relationship of parent and child has been
5created by an order of adoption of a court of any other state or nation, the rights and
6obligations of the parties as to matters within the jurisdiction of this state shall be
7determined by s. 48.92. If the adoptive parents were residents of this state at the
8time of the foreign adoption, the preceding sentence applies only if the department
9has approved the placement. A child whose adoption would otherwise be valid under
10this section may be readopted in accordance with this chapter.
Note: This Section repeals the statutory recognition of an adoption granted by a
court of a foreign jurisdiction and the discretionary allowance for a parent to readopt a
child who was adopted in that home country.
AB41,16 11Section 16. 48.97 (2) of the statutes is created to read:
AB41,12,1412 48.97 (2) Other nation. When a relationship of parent and child has been
13created by an order of adoption of a court of any other nation, the parent shall readopt
14the child under s. 48.839.
Note: This Section requires adoptive parents to readopt a child who was adopted
in the child's home country, under the same procedure in current law for adoption by a
resident of this state who was appointed as guardian of the child in the child's home
country.
AB41,17 15Section 17. 49.32 (1) (b) of the statutes is amended to read:
AB41,13,616 49.32 (1) (b) Except as provided in s. 49.345 (14) (b) and (c), any person
17receiving services provided or purchased under par. (a) or the spouse of the person

1and, in the case of a minor, the parents of the person, and, in the case of a foreign child
2described in s. 48.839 (1) (1m) who became dependent on public funds for his or her
3primary support before an order granting his or her adoption, the resident of this
4state appointed guardian or granted adoption of the child by a foreign court who
5brought the child into this state for the purpose of adoption, shall be liable for the
6services in the amount of the fee established under par. (a).
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,18 7Section 18. 49.345 (2) of the statutes is amended to read:
AB41,14,58 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including but
9not limited to
a person placed under s. 48.345 (3) or 48.357 (1) or (2m), receiving care,
10maintenance, services, and supplies provided by any institution in this state, in
11which the state is chargeable with all or part of the person's care, maintenance,
12services, and supplies, and the person's property and estate, including the
13homestead, and the spouse of the person, and the spouse's property and estate,
14including the homestead, and, in the case of a minor child, the parents of the person,
15and their property and estates, including their homestead, and, in the case of a
16foreign child described in s. 48.839 (1) (1m) who became dependent on public funds
17for his or her primary support before an order granting his or her adoption, the
18resident of this state appointed guardian or granted adoption of the child by a foreign
19court who brought the child into this state for the purpose of adoption, and his or her
20property and estate, including his or her homestead, shall be liable for the cost of the
21care, maintenance, services, and supplies in accordance with the fee schedule
22established by the department under s. 49.32 (1). If a spouse, widow, or minor, or an
23incapacitated person may be lawfully dependent upon the property for his or her

1support, the court shall release all or such part of the property and estate from the
2charges that may be necessary to provide for the person. The department shall make
3every reasonable effort to notify the liable persons as soon as possible after the
4beginning of the maintenance, but the notice or the receipt thereof of the notice is not
5a condition of liability.
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,19 6Section 19. 54.52 (1) of the statutes is amended to read:
AB41,14,137 54.52 (1) A person may at any time bring a petition for the appointment of a
8standby guardian of the person or estate of an individual who is determined under
9s. 54.10 to be incompetent, a minor, or a spendthrift, except that, as specified in s.
1048.97 48.978 a petition for the appointment of a standby guardian of the person or
11property or both of a minor to assume the duty and authority of guardianship on the
12incapacity, death, or debilitation and consent, of the minor's parent may be brought
13under s. 48.978.
Note: This Section fixes an incorrect cross-reference to the provision recognizing
adoptions from other jurisdictions that is amended under this bill, which should, instead,
cross-reference to the provision for appointment or designation of a standby guardian of
a child.
AB41,20 14Section 20. 301.03 (18) (b) of the statutes is amended to read:
AB41,15,215 301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for
16the services provided or purchased under par. (a) in the amount of the fee established
17under par. (a) any person receiving those services or the spouse of the person and,
18in the case of a minor, the parents of the person, and, in the case of a foreign child
19described in s. 48.839 (1) (1m) who became dependent on public funds for his or her
20primary support before an order granting his or her adoption, the resident of this

1state appointed guardian or granted adoption of the child by a foreign court who
2brought the child into this state for the purpose of adoption.
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,21 3Section 21. 301.12 (2) of the statutes is amended to read:
AB41,16,24 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
5including a person placed under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5)
6(e), receiving care, maintenance, services, and supplies provided by any institution
7in this state operated or contracted for by the department, in which the state is
8chargeable with all or part of the person's care, maintenance, services, and supplies,
9and the person's property and estate, including the homestead, and the spouse of the
10person, and the spouse's property and estate, including the homestead, and, in the
11case of a minor child, the parents of the person, and their property and estates,
12including their homestead, and, in the case of a foreign child described in s. 48.839
13(1) (1m) who became dependent on public funds for his or her primary support before
14an order granting his or her adoption, the resident of this state appointed guardian
15or granted adoption of the child by a foreign court who brought the child into this
16state for the purpose of adoption, and his or her property and estate, including his
17or her homestead, shall be liable for the cost of the care, maintenance, services, and
18supplies in accordance with the fee schedule established by the department under
19s. 301.03 (18). If a spouse, widow, or minor, or an incapacitated person, may be
20lawfully dependent upon the property for his or her support, the court shall release
21all or such part of the property and estate from the charges that may be necessary
22to provide for that person. The department shall make every reasonable effort to

1notify the liable persons as soon as possible after the beginning of the maintenance,
2but the notice or the receipt of the notice is not a condition of liability.
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,22 3Section 22. 632.896 (1) (c) 5. of the statutes is amended to read:
AB41,16,74 632.896 (1) (c) 5. A court of a foreign jurisdiction appoints the insured as
5guardian or grants adoption of a child who is a citizen of that jurisdiction, and the
6child arrives in the insured's home for the purpose of adoption by the insured under
7s. 48.839.
Note: This Section amends a cross-reference to the intercountry adoption
procedure that is revised under this bill to include the parent in an adoption granted by
a court of the child's home country.
AB41,23 8Section 23. Initial applicability.
AB41,16,119 (1) Readoption of child adopted in foreign nation. This act first applies to a
10home study filed with the department of children and families under section 48.839
11(2) (b) or (c) of the statutes on the effective date of this subsection.
Note: This Section specifies that if, on or after the effective date of this bill
becoming law, a person files a home study with DCF, the readoption procedure provided
under this bill applies to the adoption. This means that if a person has filed, before the
effective date of this bill becoming law, for approval of the placement by DCF under the
procedure for statutory recognition of an adoption granted by a court of a foreign
jurisdiction, the person is not required to readopt the child as provided under the bill and
the adoption granted by a court of a foreign jurisdiction is recognized in Wisconsin as
under prior law.
AB41,16,1212 (End)
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