AB526,51,324
(b) If none of the dispositions specified in sub. (3) (b) 1. to 3. has occurred or if
25physical custody of the minor has been transferred to an individual as described in
1sub. (3) (b) 4., but that individual has not filed a petition for the adoption of the minor,
2the department shall immediately take action to remove the minor from the physical
3custody of the individual to whom the minor has been transferred.
AB526,51,64
(c) In addition to the actions required under pars. (a) and (b), the department
5may also review and investigate the placement of the minor for compliance with s.
648.82 (1) to (6) and may petition the court for an order compelling that compliance.
AB526,51,12
748.85 Consent to and relinquishment for adoption. (1)
Persons whose
8consent is required. (a) Unless consent is not required or is dispensed with under
9sub. (2), in a direct placement of a minor for adoption by a parent or guardian who
10is authorized under s. 48.82 (1) to place the minor for adoption, the court may grant
11a petition to adopt the minor only if consent to the adoption has been executed by one
12of the following:
AB526,51,1313
1. The woman who gave birth to the minor and one of the following:
AB526,51,1614
a. The man, if any, who is or has been married to the woman, if the minor was
15born during the marriage or within 300 days after the granting of a decree of legal
16separation, divorce or annulment between the man and the woman.
AB526,51,2117
b. The man, if any, who attempted to marry the woman before the minor's birth
18by a marriage solemnized in apparent compliance with the law, although the
19attempted marriage is or could be declared invalid, if the minor was born during the
20attempted marriage or within 300 days after the granting of a decree of legal
21separation, divorce or annulment between the man and the woman.
AB526,52,422
c. The man, if any, who has been judicially determined to be the father of the
23minor, or who has signed a statement acknowledging his paternity of the minor, and
24who has provided, in accordance with his financial means, reasonable and consistent
25payments for the care and support of the minor and has visited or communicated
1with the minor, or who, after the minor's birth, but before the minor's placement for
2adoption, has married the woman who gave birth to the minor or attempted to marry
3her by a marriage solemnized in apparent compliance with the law, although the
4attempted marriage is or could be declared invalid.
AB526,52,65
d. The man, if any, who has received the minor into his home and openly held
6out the minor as his child.
AB526,52,87
2. The minor's guardian, if the guardian has been expressly authorized by a
8court to consent to the minor's adoption.
AB526,52,99
3. The current adoptive mother and father of the minor.
AB526,52,1310
(b) Unless consent is not required or is dispensed with under sub. (2), in a
11placement of a minor for adoption by an agency, the court may grant a petition to
12adopt the minor only if consent to the adoption has been executed by all of the
13following:
AB526,52,1414
1. The agency that placed the minor for adoption.
AB526,52,1515
2. Any individual described in par. (a) who has not relinquished the minor.
AB526,52,1916
(c) Unless the court dispenses with the minor's consent under sub. (2) (b), a
17petition to adopt a minor who has attained the age of 12 years may be granted only
18if, in addition to any consent required under par. (a) or (b), the minor has executed
19an informed consent to the adoption.
AB526,52,21
20(2) Persons whose consent is not required. (a) Consent to the adoption of a
21minor is not required of any of the following persons:
AB526,52,2322
1. An individual who has relinquished the minor to an agency for the purpose
23of adoption.
AB526,52,2524
2. An individual whose parental rights to the minor have been judicially
25terminated or determined not to exist.
AB526,53,1
13. A parent who has been judicially declared incompetent.
AB526,53,52
4. A man who has not been married to the woman who gave birth to the minor
3and who, after the conception of the minor, executes a verified statement denying
4paternity or disclaiming any interest in the minor and acknowledging that his
5statement is irrevocable when executed.
AB526,53,66
5. The personal representative of a deceased parent's estate.
AB526,53,107
6. A parent or other person who has not executed a consent or relinquishment
8and who fails to file an answer or make an appearance in a proceeding for
9termination of parental rights or adoption within 20 days after service of notice of
10the proceeding.
AB526,53,1211
(b) The court may dispense with the consent to the adoption of a minor of any
12of the following persons:
AB526,53,1413
1. A guardian or agency whose consent is otherwise required upon a finding
14that the consent is being withheld contrary to the best interest of the minor.
AB526,53,1615
2. A minor who has attained the age of 12 years upon a finding that it is not
16in the best interest of the minor to require the consent.
AB526,53,20
17(3) Individuals who may relinquish minor. A parent or guardian whose
18consent to the adoption of a minor is required under sub. (1) may relinquish to an
19agency all rights with respect to the minor, including legal custody and physical
20custody of the minor and the right to consent to the minor's adoption.
AB526,53,25
21(4) Time and prerequisites for execution of consent or relinquishment. (a)
22A parent whose consent to the adoption of a minor is required under sub. (1) may
23execute a consent to the adoption of the minor or a relinquishment only after the
24minor is born. A parent who executes a consent or relinquishment may revoke the
25consent or relinquishment within 192 hours after the birth of the minor.
AB526,54,2
1(b) A guardian may execute a consent to the adoption of a minor or a
2relinquishment at any time after being authorized by a court to do so.
AB526,54,53
(c) An agency that places a minor for adoption may execute its consent to the
4adoption of the minor at any time before or during the hearing on the petition for
5adoption of the minor.
AB526,54,86
(d) A minor adoptee whose consent to his or her adoption is required may
7execute the consent at any time before or during the hearing on the petition for
8adoption of the minor.
AB526,54,109
(e) Before executing a consent to an adoption or a relinquishment, a parent
10must have been informed of all of the following:
AB526,54,1111
1. The meaning and consequences of adoption.
AB526,54,1212
2. The availability of counseling.
AB526,54,1313
3. The availability of legal counsel.
AB526,54,1814
4. The procedure for releasing information about the health and other
15characteristics of the parent that may affect the physical or psychological well-being
16of the adoptee and the procedure under ss. 48.433, 48.434 and 48.95 for prohibiting
17the release of the parent's identity to an adoptee, an adoptee's direct descendent or
18an adoptive parent.
AB526,55,419
5. That identifying information about the parent will be made available, on
20request, to the adoptee, upon attaining 18 years of age; to an adoptive parent or
21guardian of the adoptee before the adoptee attains 18 years of age; to a direct
22descendant of the adoptee who has attained 18 years of age, if the adoptee is
23deceased; or to the parent or guardian of a direct descendant of the adoptee who has
24not attained 18 years of age, if the adoptee is deceased; unless the parent indicates
25in a signed document that the parent does not wish to have identifying information
1about the parent released. The parent shall be given an opportunity to sign a
2document indicating that the parent does not wish to have identifying information
3about the parent released. The parent shall also be informed that a decision to deny
4the release of identifying information may be reversed at any time.
AB526,55,7
5(5) Procedure for execution of consent or relinquishment. (a) A parent or
6guardian executing a consent to an adoption or a relinquishment shall sign or
7confirm the consent or relinquishment in the presence of one of the following persons:
AB526,55,88
1. A judge of a court of record.
AB526,55,109
2. An individual whom a judge of a court of record has designated to take
10consents or relinquishments.
AB526,55,1211
3. An employe, other than an employe of an agency to which a minor is
12relinquished, whom an agency has designated to take consents or relinquishments.
AB526,55,1413
4. An attorney, other than an attorney who is representing an adoptive parent
14or the agency to which a minor is relinquished.
AB526,55,1615
5. A commissioned officer on active duty in the military service of the United
16States, if the person executing the consent or relinquishment is in military service.
AB526,55,1917
6. An officer of the foreign service, or a consular officer, of the United States in
18another country, if the person executing the consent or relinquishment is in that
19country.
AB526,55,2220
(b) A minor adoptee executing a consent shall sign or confirm the consent in the
21presence of the court presiding over the proceeding for adoption or in a manner that
22the court directs.
AB526,56,223
(c) A parent who is a minor is competent to execute a consent or relinquishment
24if the parent has had access to counseling and has had the advice of an attorney who
1is not representing an adoptive parent or the agency to which the parent's child is
2being relinquished.
AB526,56,73
(d) An individual before whom a consent or relinquishment is signed or
4confirmed under par. (a) shall certify in writing that he or she orally explained the
5contents and consequences of the consent or relinquishment and that, to the best of
6his or her knowledge or belief, the individual executing the consent or
7relinquishment has done, or has had done for him or her, all of the following:
AB526,56,88
1. Read or was read the consent or relinquishment and understood it.
AB526,56,119
2. Signed the consent or relinquishment voluntarily and received or was offered
10a copy of the consent or relinquishment, together with the information described in
11sub. (4) (e) 1. to 5.
AB526,56,1212
3. Was given an opportunity to sign the document described in sub. (4) (e) 5.
AB526,56,1413
4. Received or was offered counseling services and information about adoption
14that explains the meaning and consequences of an adoption.
AB526,56,1915
5. If the individual is a minor, was advised by an attorney who is not
16representing an adoptive parent or the agency to which the parent's child is being
17relinquished or, if the individual is an adult, was informed that he or she has the right
18to have an attorney who is not representing an adoptive parent or the agency to
19which the minor is being relinquished.
AB526,56,2120
6. Been advised of the obligation to provide the information required under s.
2148.82 (6).
AB526,57,322
(e) A prospective adoptive parent named or described in a consent to the
23adoption of a minor shall sign a statement indicating that he or she intends to adopt
24the minor, acknowledging that he or she is obligated to return legal custody and
25physical custody of the minor to the minor's parent if the parent revokes the consent
1within the time specified in sub. (4) (a) and acknowledging that he or she is
2responsible for the minor's support and medical and other care if the consent is not
3revoked.
AB526,57,94
(f) If an agency accepts a relinquishment, an employe of the agency shall sign
5a statement accepting the relinquishment, acknowledging that the agency is
6obligated to return legal custody and physical custody of the minor to the minor's
7parent if the parent revokes the relinquishment within the time indicated in sub. (4)
8(a) and acknowledging that the agency is responsible for the minor's support and
9medical and other care if the relinquishment is not revoked.
AB526,57,1110
(g) An individual before whom a consent or a relinquishment is signed or
11confirmed shall certify having received the statement required under par. (e) or (f).
AB526,57,1512
(h) A consent by an agency to the adoption of a minor who is in the agency's legal
13custody shall be executed by the head of the agency or by an individual authorized
14by the agency to execute consents and shall be signed or confirmed under oath in the
15presence of an individual authorized to take acknowledgments.
AB526,57,1816
(i) A consent or relinquishment executed or confirmed in another state or
17country is valid if executed or confirmed in accordance with this section or with the
18law and procedure of the state or country where executed.
AB526,57,23
19(6) Content of consent or relinquishment. (a) A consent to the adoption of
20a minor or relinquishment required from a parent or guardian shall be in writing and
21shall contain in plain English or, if the native language of the parent or guardian is
22a language other than English, in the native language of the parent or guardian all
23of the following information:
AB526,57,2424
1. The date, place and time of the execution of the consent or relinquishment.
AB526,58,2
12. The name, date of birth and current mailing address of the individual
2executing the consent or relinquishment.
AB526,58,33
3. The date of birth and the name or pseudonym of the minor.
AB526,58,74
4. If a consent, the name, address, telephone number and telecopier number
5of the attorney representing the prospective adoptive parent with whom the
6individual executing the consent has placed or intends to place the minor for
7adoption.
AB526,58,98
5. If a relinquishment, the name, address, telephone number and telecopier
9number of the agency to which the minor is being relinquished.
AB526,58,1110
6. Specific instructions on how to revoke the consent or relinquishment and
11how to commence an action to set aside the consent or relinquishment.
AB526,58,1512
(b) A consent to the adoption of a minor executed by a parent or guardian shall
13state that the parent or guardian is voluntarily and unequivocally consenting to the
14transfer of legal custody and physical custody of the minor to, and to the adoption of
15the minor by, a specific adoptive parent whom the parent or guardian has selected.
AB526,58,1916
(c) A relinquishment shall state that the parent or guardian executing the
17relinquishment is voluntarily and unequivocally consenting to the transfer of legal
18custody and physical custody of the minor to the agency to which the minor is being
19relinquished for the purpose of adoption.
AB526,58,2120
(d) A consent to the adoption of a minor or relinquishment executed by a parent
21or guardian shall state all of the following:
AB526,59,222
1. That the parent or guardian understands that after the consent or
23relinquishment is signed or confirmed in substantial compliance with sub. (5), the
24consent or relinquishment is final and, except under a circumstance specified in sub.
25(8) or (9), may not be revoked or set aside for any reason, including the failure of an
1adoptive parent to permit the parent or guardian executing the consent or
2relinquishment to visit or communicate with the minor.
AB526,59,73
2. That the parent or guardian understands that the adoption will terminate
4all parental rights and obligations of the parent or guardian with respect to the
5minor, except for arrearages of child support, and that the adoption will remain valid
6whether or not any agreement for visitation or communication with the minor is later
7performed.
AB526,59,188
3. That the parent or guardian has received or been offered a copy of the consent
9or relinquishment, together with the information described in sub. (4) (e) 1. to 5.; has
10received or been offered counseling services and information about adoption that
11explains the meaning and consequences of an adoption; has been advised, if the
12parent is a minor, by an attorney who is not representing an adoptive parent or the
13agency to which the minor adoptee is being relinquished or has been informed, if the
14parent or guardian is an adult, that he or she has the right to have an attorney who
15is not representing an adoptive parent or the agency to which the minor is being
16relinquished; has been given an opportunity to sign the document described in sub.
17(4) (e) 5.; and has been advised of the obligation to provide the information required
18under s. 48.82 (6).
AB526,59,2119
4. That the parent or guardian has not received or been promised any money
20or anything of value for the consent or relinquishment, except for the payments
21authorized under s. 48.96 (3).
AB526,59,2322
5. That the minor is not an Indian child, as defined in the Indian Child Welfare
23Act,
25 USC 1901 to
1963.
AB526,59,2524
6. That the parent or guardian believes that the adoption of the minor is in the
25best interest of the minor.
AB526,60,2
17. That, if a consent, the parent or guardian waives notice of any proceeding
2for the adoption of the minor, unless the adoption is contested, appealed or denied.
AB526,60,63
(e) A relinquishment may provide that the parent or guardian executing the
4relinquishment waives notice of any proceeding for the adoption of the minor being
5relinquished unless the adoption is contested, appealed or denied or waives notice
6of any such proceeding even if the adoption is contested, appealed or denied.
AB526,60,87
(f) A consent to the adoption of a minor or relinquishment may provide for its
8revocation if any of the following occurs:
AB526,60,109
1. Another consent or relinquishment is not executed within a specified period
10of time.
AB526,60,1211
2. A court decides not to terminate the parental rights to the minor of another
12individual.
AB526,60,1413
3. In a direct placement for adoption, a petition for adoption by a prospective
14adoptive parent who is named or described in the consent is denied or withdrawn.
AB526,60,18
15(7) Consequences of consent or relinquishment. (a) Except under a
16circumstance specified in sub. (8), a consent to the adoption of a minor that is
17executed by a parent or guardian in substantial compliance with subs. (5) and (6) is
18final and irrevocable and does all of the following:
AB526,60,2219
1. Unless the court orders otherwise to protect the welfare of the minor, entitles
20the prospective adoptive parent named or described in the consent to the legal
21custody and physical custody of the minor and imposes on that individual the
22responsibility to support and provide medical and other care for the minor.
AB526,60,2423
2. Terminates any duty of the parent or guardian who executed the consent
24with respect to the minor, except for arrearages of child support.
AB526,61,4
13. Terminates any right of the parent or guardian who executed the consent to
2object to the minor's adoption by the prospective adoptive parent and to receive
3notice of the proceeding for adoption unless the adoption is contested, denied or
4appealed.
AB526,61,75
(b) Except under a circumstance specified in sub. (9), a relinquishment of a
6minor to an agency that is executed by a parent or guardian in substantial
7compliance with subs. (5) and (6) is final and irrevocable and does all of the following:
AB526,61,108
1. Unless the court orders otherwise to protect the welfare of the minor, entitles
9the agency to which the minor is relinquished to the legal custody of the minor until
10a decree of adoption becomes final.
AB526,61,1411
2. Empowers the agency to which the minor is relinquished to place the minor
12for adoption, consent to the adoption of the minor and delegate to a prospective
13adoptive parent the responsibility to support and provide medical and other care for
14the minor.
AB526,61,1615
3. Terminates any duty of the parent or guardian who executed the
16relinquishment with respect to the minor, except for arrearages of child support.
AB526,61,1917
4. Terminates any right of the parent or guardian who executed the
18relinquishment to object to the minor's adoption and, unless otherwise provided in
19the relinquishment, to receive notice of the proceeding for adoption.
AB526,61,22
20(8) Revocation of consent. (a) In a direct placement by a parent or guardian
21of a minor for adoption, a consent to the adoption is revoked if any of the following
22occurs:
AB526,62,223
1. Within 192 hours after the birth of the minor, a parent who executed the
24consent notifies in writing the prospective adoptive parent, or the prospective
1adoptive parent's attorney, that the parent revokes the consent, or the parent
2complies with any other instructions for revocation specified in the consent.