AB526: Bill Text

AB526,54,8 (d) A minor adoptee whose consent to his or her adoption is required may execute the consent at any time before or during the hearing on the petition for adoption of the minor.

AB526,54,10 (e) Before executing a consent to an adoption or a relinquishment, a parent must have been informed of all of the following:

AB526,54,11 1. The meaning and consequences of adoption.

AB526,54,12 2. The availability of counseling.

AB526,54,13 3. The availability of legal counsel.

AB526,54,18 4. The procedure for releasing information about the health and other characteristics of the parent that may affect the physical or psychological well-being of the adoptee and the procedure under ss. 48.433, 48.434 and 48.95 for prohibiting the release of the parent's identity to an adoptee, an adoptee's direct descendent or an adoptive parent.

AB526,55,4 5. That identifying information about the parent will be made available, on request, to the adoptee, upon attaining 18 years of age; to an adoptive parent or guardian of the adoptee before the adoptee attains 18 years of age; to a direct descendant of the adoptee who has attained 18 years of age, if the adoptee is deceased; or to the parent or guardian of a direct descendant of the adoptee who has not attained 18 years of age, if the adoptee is deceased; unless the parent indicates in a signed document that the parent does not wish to have identifying information about the parent released. The parent shall be given an opportunity to sign a document indicating that the parent does not wish to have identifying information about the parent released. The parent shall also be informed that a decision to deny the release of identifying information may be reversed at any time.

AB526,55,7 (5) Procedure for execution of consent or relinquishment. (a) A parent or guardian executing a consent to an adoption or a relinquishment shall sign or confirm the consent or relinquishment in the presence of one of the following persons:

AB526,55,8 1. A judge of a court of record.

AB526,55,10 2. An individual whom a judge of a court of record has designated to take consents or relinquishments.

AB526,55,12 3. An employe, other than an employe of an agency to which a minor is relinquished, whom an agency has designated to take consents or relinquishments.

AB526,55,14 4. An attorney, other than an attorney who is representing an adoptive parent or the agency to which a minor is relinquished.

AB526,55,16 5. A commissioned officer on active duty in the military service of the United States, if the person executing the consent or relinquishment is in military service.

AB526,55,19 6. An officer of the foreign service, or a consular officer, of the United States in another country, if the person executing the consent or relinquishment is in that country.

AB526,55,22 (b) A minor adoptee executing a consent shall sign or confirm the consent in the presence of the court presiding over the proceeding for adoption or in a manner that the court directs.

AB526,56,2 (c) A parent who is a minor is competent to execute a consent or relinquishment if the parent has had access to counseling and has had the advice of an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished.

AB526,56,7 (d) An individual before whom a consent or relinquishment is signed or confirmed under par. (a) shall certify in writing that he or she orally explained the contents and consequences of the consent or relinquishment and that, to the best of his or her knowledge or belief, the individual executing the consent or relinquishment has done, or has had done for him or her, all of the following:

AB526,56,8 1. Read or was read the consent or relinquishment and understood it.

AB526,56,11 2. Signed the consent or relinquishment voluntarily and received or was offered a copy of the consent or relinquishment, together with the information described in sub. (4) (e) 1. to 5.

AB526,56,12 3. Was given an opportunity to sign the document described in sub. (4) (e) 5.

AB526,56,14 4. Received or was offered counseling services and information about adoption that explains the meaning and consequences of an adoption.

AB526,56,19 5. If the individual is a minor, was advised by an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished or, if the individual is an adult, was informed that he or she has the right to have an attorney who is not representing an adoptive parent or the agency to which the minor is being relinquished.

AB526,56,21 6. Been advised of the obligation to provide the information required under s. 48.82 (6).

AB526,57,3 (e) A prospective adoptive parent named or described in a consent to the adoption of a minor shall sign a statement indicating that he or she intends to adopt the minor, acknowledging that he or she is obligated to return legal custody and physical custody of the minor to the minor's parent if the parent revokes the consent within the time specified in sub. (4) (a) and acknowledging that he or she is responsible for the minor's support and medical and other care if the consent is not revoked.

AB526,57,9 (f) If an agency accepts a relinquishment, an employe of the agency shall sign a statement accepting the relinquishment, acknowledging that the agency is obligated to return legal custody and physical custody of the minor to the minor's parent if the parent revokes the relinquishment within the time indicated in sub. (4) (a) and acknowledging that the agency is responsible for the minor's support and medical and other care if the relinquishment is not revoked.

AB526,57,11 (g) An individual before whom a consent or a relinquishment is signed or confirmed shall certify having received the statement required under par. (e) or (f).

AB526,57,15 (h) A consent by an agency to the adoption of a minor who is in the agency's legal custody shall be executed by the head of the agency or by an individual authorized by the agency to execute consents and shall be signed or confirmed under oath in the presence of an individual authorized to take acknowledgments.

AB526,57,18 (i) A consent or relinquishment executed or confirmed in another state or country is valid if executed or confirmed in accordance with this section or with the law and procedure of the state or country where executed.

AB526,57,23 (6) Content of consent or relinquishment. (a) A consent to the adoption of a minor or relinquishment required from a parent or guardian shall be in writing and shall contain in plain English or, if the native language of the parent or guardian is a language other than English, in the native language of the parent or guardian all of the following information:

AB526,57,24 1. The date, place and time of the execution of the consent or relinquishment.

AB526,58,2 2. The name, date of birth and current mailing address of the individual executing the consent or relinquishment.

AB526,58,3 3. The date of birth and the name or pseudonym of the minor.

AB526,58,7 4. If a consent, the name, address, telephone number and telecopier number of the attorney representing the prospective adoptive parent with whom the individual executing the consent has placed or intends to place the minor for adoption.

AB526,58,9 5. If a relinquishment, the name, address, telephone number and telecopier number of the agency to which the minor is being relinquished.

AB526,58,11 6. Specific instructions on how to revoke the consent or relinquishment and how to commence an action to set aside the consent or relinquishment.

AB526,58,15 (b) A consent to the adoption of a minor executed by a parent or guardian shall state that the parent or guardian is voluntarily and unequivocally consenting to the transfer of legal custody and physical custody of the minor to, and to the adoption of the minor by, a specific adoptive parent whom the parent or guardian has selected.

AB526,58,19 (c) A relinquishment shall state that the parent or guardian executing the relinquishment is voluntarily and unequivocally consenting to the transfer of legal custody and physical custody of the minor to the agency to which the minor is being relinquished for the purpose of adoption.

AB526,58,21 (d) A consent to the adoption of a minor or relinquishment executed by a parent or guardian shall state all of the following:

AB526,59,2 1. That the parent or guardian understands that after the consent or relinquishment is signed or confirmed in substantial compliance with sub. (5), the consent or relinquishment is final and, except under a circumstance specified in sub. (8) or (9), may not be revoked or set aside for any reason, including the failure of an adoptive parent to permit the parent or guardian executing the consent or relinquishment to visit or communicate with the minor.

AB526,59,7 2. That the parent or guardian understands that the adoption will terminate all parental rights and obligations of the parent or guardian with respect to the minor, except for arrearages of child support, and that the adoption will remain valid whether or not any agreement for visitation or communication with the minor is later performed.

AB526,59,18 3. That the parent or guardian has received or been offered a copy of the consent or relinquishment, together with the information described in sub. (4) (e) 1. to 5.; has received or been offered counseling services and information about adoption that explains the meaning and consequences of an adoption; has been advised, if the parent is a minor, by an attorney who is not representing an adoptive parent or the agency to which the minor adoptee is being relinquished or has been informed, if the parent or guardian is an adult, that he or she has the right to have an attorney who is not representing an adoptive parent or the agency to which the minor is being relinquished; has been given an opportunity to sign the document described in sub. (4) (e) 5.; and has been advised of the obligation to provide the information required under s. 48.82 (6).

AB526,59,21 4. That the parent or guardian has not received or been promised any money or anything of value for the consent or relinquishment, except for the payments authorized under s. 48.96 (3).

AB526,59,23 5. That the minor is not an Indian child, as defined in the Indian Child Welfare Act, 25 USC 1901 to 1963.

AB526,59,25 6. That the parent or guardian believes that the adoption of the minor is in the best interest of the minor.

AB526,60,2 7. That, if a consent, the parent or guardian waives notice of any proceeding for the adoption of the minor, unless the adoption is contested, appealed or denied.

AB526,60,6 (e) A relinquishment may provide that the parent or guardian executing the relinquishment waives notice of any proceeding for the adoption of the minor being relinquished unless the adoption is contested, appealed or denied or waives notice of any such proceeding even if the adoption is contested, appealed or denied.

AB526,60,8 (f) A consent to the adoption of a minor or relinquishment may provide for its revocation if any of the following occurs:

AB526,60,10 1. Another consent or relinquishment is not executed within a specified period of time.

AB526,60,12 2. A court decides not to terminate the parental rights to the minor of another individual.

AB526,60,14 3. In a direct placement for adoption, a petition for adoption by a prospective adoptive parent who is named or described in the consent is denied or withdrawn.

AB526,60,18 (7) Consequences of consent or relinquishment. (a) Except under a circumstance specified in sub. (8), a consent to the adoption of a minor that is executed by a parent or guardian in substantial compliance with subs. (5) and (6) is final and irrevocable and does all of the following:

AB526,60,22 1. Unless the court orders otherwise to protect the welfare of the minor, entitles the prospective adoptive parent named or described in the consent to the legal custody and physical custody of the minor and imposes on that individual the responsibility to support and provide medical and other care for the minor.

AB526,60,24 2. Terminates any duty of the parent or guardian who executed the consent with respect to the minor, except for arrearages of child support.

AB526,61,4 3. Terminates any right of the parent or guardian who executed the consent to object to the minor's adoption by the prospective adoptive parent and to receive notice of the proceeding for adoption unless the adoption is contested, denied or appealed.

AB526,61,7 (b) Except under a circumstance specified in sub. (9), a relinquishment of a minor to an agency that is executed by a parent or guardian in substantial compliance with subs. (5) and (6) is final and irrevocable and does all of the following:

AB526,61,10 1. Unless the court orders otherwise to protect the welfare of the minor, entitles the agency to which the minor is relinquished to the legal custody of the minor until a decree of adoption becomes final.

AB526,61,14 2. Empowers the agency to which the minor is relinquished to place the minor for adoption, consent to the adoption of the minor and delegate to a prospective adoptive parent the responsibility to support and provide medical and other care for the minor.

AB526,61,16 3. Terminates any duty of the parent or guardian who executed the relinquishment with respect to the minor, except for arrearages of child support.

AB526,61,19 4. Terminates any right of the parent or guardian who executed the relinquishment to object to the minor's adoption and, unless otherwise provided in the relinquishment, to receive notice of the proceeding for adoption.

AB526,61,22 (8) Revocation of consent. (a) In a direct placement by a parent or guardian of a minor for adoption, a consent to the adoption is revoked if any of the following occurs:

AB526,62,2 1. Within 192 hours after the birth of the minor, a parent who executed the consent notifies in writing the prospective adoptive parent, or the prospective adoptive parent's attorney, that the parent revokes the consent, or the parent complies with any other instructions for revocation specified in the consent.

AB526,62,4 2. The parent or guardian who executed the consent and the prospective adoptive parent named or described in the consent agree to revoke the consent.

AB526,62,7 (b) In a direct placement by a parent or guardian of a minor for adoption, the court shall set aside the consent if the parent or guardian who executed the consent establishes any of the following:

AB526,62,9 1. By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress.

AB526,62,12 2. By a preponderance of the evidence, before a decree of adoption is issued, that, without good cause, a petition for adoption was not filed within 30 days after the date on which the minor was placed for adoption.

AB526,62,14 3. By a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the consent under sub. (6) (f).

AB526,62,22 (c) If the consent of a parent or guardian who had legal custody and physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked, the prospective adoptive parent shall immediately return the minor to the legal custody and physical custody of the parent or guardian and move to dismiss any proceeding pending for the adoption of the minor or for termination of parental rights to the minor. If the minor is not returned immediately, the parent or guardian who revoked the consent may petition the court for appropriate relief and the court shall hear the petition expeditiously.

AB526,63,2 (d) If the consent of a parent or guardian who had legal custody and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under par. (b) 1., the court shall order the prospective adoptive parent to return the minor to the legal custody and physical custody of the parent or guardian and dismiss any proceeding pending for the adoption of the minor.

AB526,63,10 (e) If the consent of a parent or guardian who had legal custody and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under par. (b) 2. or 3. and no ground exists under s. 48.90 for termination of the parental rights of the parent to the minor or no grounds exist for terminating the guardianship, the court shall dismiss any proceeding pending for the adoption of the minor and order the prospective adoptive parent to return the minor to the legal custody and physical custody of the parent or guardian, unless the court finds that returning the minor will be detrimental to the minor.

AB526,63,17 (f) If the consent of a parent or guardian who did not have physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked or set aside and no ground exists under s. 48.90 for termination of the parental rights of the parent to the minor or no grounds exist for terminating the guardianship, the court shall dismiss any proceeding pending for the adoption of the minor and issue an order providing for the care and custody of the minor according to the best interest of the minor.

AB526,63,19 (9) Revocation of relinquishment. (a) A relinquishment is revoked if any of the following occurs:

AB526,63,23 1. Within 192 hours after the birth of the minor, a parent who executed the relinquishment gives written notice to the agency that accepted the relinquishment that the parent revokes the relinquishment, or the parent complies with any other instructions for revocation specified in the relinquishment.

AB526,63,25 2. The parent or guardian who executed the relinquishment and the agency that accepted the relinquishment agree to revoke the relinquishment.

AB526,64,2 (b) The court shall set aside a relinquishment if the parent or guardian who executed the relinquishment establishes any of the following:

AB526,64,4 1. By clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by fraud or duress.

AB526,64,6 2. By a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the relinquishment under sub. (6) (f).

AB526,64,13 (c) If a relinquishment by a parent or guardian who had legal custody and physical custody of a minor when the relinquishment was executed is revoked, the agency that accepted the relinquishment shall immediately return the minor to the legal custody and physical custody of the parent or guardian and move to dismiss any proceeding pending for the adoption of the minor. If the minor is not returned immediately, the parent or guardian who revoked the relinquishment may petition the court for appropriate relief and the court shall hear the petition expeditiously.

AB526,64,18 (d) If a relinquishment by a parent or guardian who had legal custody and physical custody of a minor when the relinquishment was executed is set aside under par. (b) 1., the court shall order the agency that accepted the relinquishment to return the minor to the legal custody and physical custody of the parent or guardian and dismiss any proceeding pending for the adoption of the minor.

AB526,65,2 (e) If a relinquishment by a parent or guardian who had legal custody and physical custody of a minor when the relinquishment was executed is set aside under par. (b) 2. and no ground exists under s. 48.90 for termination of the parental rights of the parent to the minor or no grounds exist for terminating the guardianship, the court shall dismiss any proceeding pending for the adoption of the minor and order the agency that accepted the relinquishment to return the minor to the legal custody and physical custody of the parent or guardian, unless the court finds that returning the minor would be detrimental to the minor.

AB526,65,9 (f) If a relinquishment by a parent or guardian who did not have physical custody of a minor when the relinquishment was executed is revoked or set aside and no grounds exist under s. 48.90 for termination of the parental rights of the parent to the minor or no grounds exist for terminating the guardianship, the court shall dismiss any proceeding pending for the adoption of the minor and issue an order providing for the care and custody of the minor according to the best interest of the minor.

AB526,65,13 48.86 General procedure for adoption of minors; jurisdiction and venue. (1) Jurisdiction. (a) Except as otherwise provided in pars. (b) and (c), a court of this state has jurisdiction over a proceeding for the adoption of a minor commenced under s. 48.88 or 48.94 if any of the following conditions is met:

AB526,65,19 1. Immediately before commencement of the proceeding, the minor lived in this state with a parent, guardian, prospective adoptive parent or another person acting as a parent for at least 6 consecutive months, excluding periods of temporary absence, or, if the minor is less than 6 months of age, the minor lived in this state from soon after birth with any of those individuals and there is available in this state substantial evidence concerning the minor's present or future care.

AB526,65,23 2. Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least 6 consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care.

AB526,66,3 3. The agency that placed the minor for adoption is located in this state and it is in the best interest of the minor that a court in this state assume jurisdiction because the minor and the minor's parent, or the minor and the prospective adoptive parent, have a significant connection with this state and there is available in this state substantial evidence concerning the minor's present or future care.

AB526,66,7 4. The minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or has been subjected to neglect.

AB526,66,12 5. It appears that no other state would have jurisdiction under prerequisites substantially in accordance with subd. 1., 2., 3. or 4., or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction.

AB526,66,17 (b) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with ch. 822 or this subchapter, unless the proceeding is stayed by the court of the other state.

AB526,66,21 (c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for the adoption of the minor unless all of the following conditions are met:

AB526,67,2 1. The court of this state finds that the court that issued the decree or order does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with ch. 822 or has declined to assume jurisdiction to modify the decree or order; or does not have jurisdiction over a proceeding for adoption under prerequisites substantially in accordance with par. (a) 1., 2., 3. or 4. or has declined to assume jurisdiction over a proceeding for adoption.