AB859: Bill Text

b. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

c. The child's remaining parent has custody of the child.

d. The child's remaining parent consents to the adoption.

7. The child has 2 living parents, but only one of those parents has custody of the child, and all of the following apply:

a. The petitioner is an unmarried adult with whom the child and the parent who has custody of the child reside.

b. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

c. The parent who has custody of the child consents to the adoption.

d. The parental rights of the parent who does not have custody of the child are terminated.

8. The child was born as a result of artificial insemination under circumstances in which the child's mother is not the wife of the sperm donor, the child has no other parent, the child's mother has custody of the child and any of the following applies:

a. The petitioner is the child's stepparent with whom the child and the child's parent reside.

b. The petitioner is an unmarried adult with whom the child and the child's parent reside, the petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship and the child's parent consents to the adoption.

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 Section 1. 48.81 of the statutes is repealed and recreated to read:

AB859,4,4 48.81 Who may be adopted. Any child who is present in this state at the time that the petition for adoption is filed may be adopted if any of the following criteria is met:

AB859,4,5 (1) Both of the child's parents are deceased.

AB859,5,2 (2) The parental rights of both the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.

AB859,5,5 (3) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child's other parent is deceased.

AB859,5,9 (4) The child was born as a result of artificial insemination under the circumstances described in s. 891.40 (2), the child has only one parent and that parent is deceased or the parental rights of that parent with respect to that child have been terminated under subch. VIII or in another state or foreign jurisdiction.

AB859,5,12 (5) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction or one of the child's parents is deceased and all of the following apply:

AB859,5,14 (a) The person filing the petition for adoption is the spouse of the child's remaining parent.

AB859,5,16 (b) The child and the child's remaining parent reside in the same home with the person filing the petition for adoption.

AB859,5,19 (6) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction or one of the child's parents is deceased and all of the following apply:

AB859,5,21 (a) The person filing the petition for adoption is an unmarried adult with whom the child and the child's remaining parent reside in the same home.

AB859,5,24 (b) The person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,6,2 (c) The child's remaining parent has custody, as defined in s. 48.835 (1), of the child.

AB859,6,3 (d) The child's remaining parent consents to the adoption.

AB859,6,5 (7) The child has 2 living parents, but only one of those parents has custody, as defined in s. 48.835 (1), of the child, and all of the following apply:

AB859,6,7 (a) The person filing the petition for adoption is an unmarried adult with whom the child and the parent who has custody of the child reside in the same home.

AB859,6,10 (b) The person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,6,11 (c) The parent who has custody of the child consents to the adoption.

AB859,6,13 (d) The parental rights of the parent who does not have custody of the child are terminated under subch. VIII.

AB859,6,17 (8) The child was born as a result of artificial insemination under the circumstances described in s. 891.40 (2), the child has only one living parent, that parent has custody, as defined in s. 48.835 (1), of the child and any of the following applies:

AB859,6,20 (a) The person filing the petition for adoption is the spouse of the child's parent and the child and the child's parent reside in the same home with the person filling the petition for adoption.

AB859,6,25 (b) The person filing the petition for adoption is an unmarried adult with whom the child and the child's parent reside in the same home, the person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship and the child's parent consents to the adoption.

AB859,7,1 (9) Section 48.839 (3) (b) applies.

AB859,7,2 (10) The child is being readopted under s. 48.97.

AB859, s. 2 Section 2. 48.82 (1) (c) of the statutes is created to read:

AB859,7,5 48.82 (1) (c) Two unmarried adults who reside together in the same home, jointly.

AB859, s. 3 Section 3. 48.835 (title) of the statutes is amended to read:

AB859,7,8 48.835 (title) Placement of children with relatives and certain unmarried adults for adoption.

AB859, s. 4 Section 4. 48.835 (1) of the statutes is amended to read:

AB859,7,14 48.835 (1) Definition. In this section and s. ss. 48.837 and 48.90, "custody" means physical custody of a child by the child's parent not in violation of a custody order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.

AB859, s. 5 Section 5. 48.835 (2) of the statutes is amended to read:

AB859,7,18 48.835 (2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative or in the home of the parent and an unmarried adult as described in s. 48.90 (1) (e) or (f) without a court order.

AB859, s. 6 Section 6. 48.835 (3) of the statutes is amended to read:

AB859,7,25 48.835 (3) Petition for termination of parental rights required; exception. (a) If the child's parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed or an unmarried adult described in s. 48.90 (1) (f) shall file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under par. (b).

AB859,8,4 (b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside or an unmarried adult described in s. 48.90 (1) (f), the stepparent or unmarried adult shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.

AB859, s. 7 Section 7. 48.90 (1) (e) of the statutes is created to read:

AB859,8,7 48.90 (1) (e) The petitioner is an unmarried adult, the child who is the subject of the petition has only one living parent and all of the following apply:

AB859,8,8 1. The child and the child's parent reside in the same home with the petitioner.

AB859,8,10 2. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,8,11 3. The child's parent has custody of the child.

AB859,8,13 4. The petition is accompanied by a written consent to the adoption signed by the child's parent.

AB859, s. 8 Section 8. 48.90 (1) (f) of the statutes is created to read:

AB859,8,17 48.90 (1) (f) The petitioner is an unmarried adult, the child who is the subject of the petition has 2 living parents, but only one of those parents has custody of the child and all of the following apply:

AB859,8,19 1. The child and the parent who has custody of the child reside in the same home with the petitioner.

AB859,8,21 2. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,8,23 3. The petition is accompanied by a written consent to the adoption signed by the parent who has custody of the child.

AB859,8,25 4. The petition is accompanied by a petition for the termination of parental rights of the parent who does not have custody of the child.

AB859, s. 9 Section 9. 49.90 (2r) of the statutes is amended to read:

AB859,9,4 49.90 (2r) An action under sub. (2) or (2g) for maintenance of a grandchild by a grandparent may be joined with an action to determine paternity under s. 767.45 (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 Section 10. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 378), is amended to read:

AB859,9,17 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or , (g), (j) or (n), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of workforce development.

AB859, s. 11 Section 11. 767.02 (1) (n) of the statutes is created to read:

AB859,9,25 767.02 (1) (n) For custody, child support or periods of physical placement of a child who has been adopted by an unmarried adult under the circumstances specified in s. 48.81 (6), (7) or (8) (b) 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.

AB859, s. 12 Section 12. 767.05 (5) of the statutes is amended to read:

AB859,10,10 767.05 (5) Title of actions. An action affecting the family under s. 767.02 (1) (a) to (d) or (g) to (k) shall be entitled "In re the marriage of A.B. and C.D.", except that an independent action for visitation under s.767.245 (3) shall be entitled "In re visitation with A. B.". An action affecting the family under s. 767.02 (1) (f) or (m) shall be entitled "In re the support of A.B.". A child custody action shall be entitled "In re the custody of A.B.". An action affecting the family under s. 767.02 (1) (n) shall be entitled "In re the custody, support and physical placement of A. B.", whichever is applicable. In all other respects, the general provisions of chs. 801 and 802 respecting the content and form of the summons and pleadings shall apply.

AB859, s. 13 Section 13. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB859,10,18 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or (n) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:

AB859, s. 14 Section 14. 767.085 (1) (a) of the statutes is amended to read: