AB526: Bill Text

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a petition for adoption by a prospective adoptive parent who is named or described in the consent is denied or withdrawn.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.

AB526,67,3 2. The court of this state has jurisdiction over the proceeding.

AB526,67,6 (2) Venue. A petition for adoption of a minor may be filed in the court of the county in which a petitioner lives, the minor lives or an office of the agency that placed the minor is located.

AB526,67,14 48.87 General procedure for adoptions of minors; general procedural provisions. (1) Appointment of attorney or guardian ad litem. (a) In a proceeding under this subchapter that may result in the termination of parental rights to a minor, the court shall appoint an attorney for any indigent, minor or incompetent person who appears in the proceeding and whose parental rights to the minor may be terminated, unless the court finds that the incompetent person has sufficient financial means to hire an attorney, or the indigent person declines to be represented by an attorney.

AB526,67,17 (b) The court shall appoint a guardian ad litem for a minor adoptee in a contested proceeding under this subchapter and may appoint a guardian ad litem for a minor adoptee in an uncontested proceeding under this subchapter.

AB526,67,19 (2) No right to jury trial. A proceeding under this subchapter for adoption or termination of parental rights shall be heard by the court without a jury.

AB526,67,21 (3) Confidentiality of proceedings. Except for a proceeding under s. 48.96, the general public shall be excluded from a hearing under this subchapter.

AB526,68,2 (4) Custody during pendency of proceeding. To protect the welfare of a minor adoptee, the court shall make an interim order for the legal custody and physical custody of the minor adoptee according to the best interest of the minor adoptee in a contested proceeding under this subchapter and may make an interim order for the legal custody and physical custody of the minor adoptee in an uncontested proceeding under this subchapter.

AB526,68,7 (5) Removal of adoptee from state. Before a decree of adoption is issued, a petitioner may not remove a minor adoptee for more than 30 consecutive days from the state in which the petitioner resides without the permission of the court, if the minor adoptee was placed directly for adoption, or, if an agency placed the minor adoptee for adoption, without the permission of the agency.

AB526,68,11 48.88 General procedure for adoption of minors; petition for adoption of minor. (1) Standing to petition to adopt. (a) Except as otherwise provided in par. (c), the following individuals are the only individuals who have standing to petition to adopt a minor under this section:

AB526,68,14 1. An individual with whom the minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under s. 48.82 (1) to place the minor for adoption.

AB526,68,19 2. An individual with whom the minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent under ss. 48.82 to 48.84, but who has had physical custody of the minor for at least 6 months immediately before seeking to file the petition for adoption and who is allowed to file the petition by the court for good cause shown.

AB526,68,21 (b) The spouse of a petitioner shall join in the petition unless legally separated from the petitioner or judicially declared incompetent.

AB526,68,24 (c) A petition for adoption of a minor stepchild by a stepparent may be filed under s. 48.94 and a petition for adoption of an emancipated minor may be filed under s. 882.05.

AB526,69,4 (2) Time for filing petition. Unless the court allows a later filing, a prospective adoptive parent with standing to petition to adopt under sub. (1) (a) 1. shall file a petition for adoption by no later than 30 days after the date on which a minor is placed for adoption with that individual.

AB526,69,6 (3) Caption of petition. The caption of a petition for adoption of a minor shall contain the name of, or a pseudonym for, the minor.

AB526,69,9 (4) Content of petition. (a) A petition for adoption of a minor shall be signed and verified by the petitioner and shall contain all of the following information or state why any of the following information is not contained in the petition:

AB526,69,10 1. The full name, age and place and duration of residence of the petitioner.

AB526,69,14 2. The current marital status of the petitioner, including the date and place of any marriage, the date of any legal separation, divorce or annulment and, if the petitioner's spouse is incompetent, the date on which a court determined that the petitioner's spouse is incompetent.

AB526,69,16 3. A statement that the petitioner has the facilities and resources to provide for the care and support of the minor.

AB526,69,20 4. A statement that a preplacement evaluation containing a finding that the petitioner is suited to be an adoptive parent has been prepared or revised within the 12 months preceding the placement or that a preplacement evaluation is not required under s. 48.83 (1) (b).

AB526,69,23 5. The first name, sex and date, or approximate date, and place of birth of the minor and a statement that the minor is or is not an Indian child, as defined in the Indian Child Welfare Act, 25 USC 1901 to 1963.

AB526,70,2 6. The circumstances under which the petitioner obtained physical custody of the minor, including the date of placement of the minor with the petitioner for adoption and the name of the agency that placed the minor or the name or relationship to the minor of the individual who placed the minor.

AB526,70,6 7. The length of time that the minor has been in the physical custody of the petitioner or, if the minor is not in the physical custody of the petitioner, the reason why the petitioner does not have physical custody of the minor and the date and manner in which the petitioner intends to obtain physical custody of the minor.

AB526,70,7 8. A description and estimate of the value of any property of the minor.

AB526,70,12 9. A statement that the minor has been placed in compliance with any applicable law governing interstate or intercountry placements of minors or, if the minor has not been placed from another state or another country, a statement that the laws governing interstate or intercountry placements of minors are not applicable.

AB526,70,19 10. The name or relationship to the minor of any individual who has executed a consent to the adoption of the minor, a relinquishment of the minor or a disclaimer of parental interest with respect to the minor, and the name or relationship to the minor of any individual whose consent or relinquishment may be required, but who has not executed a consent or relinquishment or has not had his or her parental rights terminated, and any fact or circumstance that may excuse the lack of consent, relinquishment or termination of parental rights.

AB526,70,21 11. A statement whether the petitioner has filed in any court a previous petition to adopt a minor and the disposition of that petition.

AB526,70,24 12. A description of any previous court order or pending proceeding known to the petitioner concerning the custody of or visitation with the minor and any other fact known to the petitioner that is needed to establish the jurisdiction of the court.

AB526,71,2 (b) The petitioner shall request in the petition that the court do all of the following:

AB526,71,3 1. Permit the petitioner to adopt the minor as the petitioner's child.

AB526,71,5 2. Approve the full name by which the minor is to be known if the petition is granted.

AB526,71,6 3. Grant any other relief sought by the petitioner.

AB526,71,8 (5) Required documents. (a) Before the hearing on a petition for the adoption of a minor, the following documents shall be filed with the court:

AB526,71,10 1. A certified copy of the birth certificate or other record of the date and place of birth of the minor.

AB526,71,14 2. Any consent to the adoption of the minor, relinquishment of the minor or disclaimer of parental interest with respect to the minor that has been executed and any written certification required under s. 48.85 (5) (d) and (g) from the individual before whom the consent or relinquishment was executed.

AB526,71,16 3. A certified copy of any court order terminating the parental rights of a parent of the minor or terminating a guardianship of the minor.

AB526,71,20 4. A certified copy of any marriage certificate and any decree of divorce, annulment or legal separation of each parent or former parent of the minor and a certified copy of any court order determining that a parent or former parent of the minor is incompetent.

AB526,71,22 5. A certified copy of any current court order, or the petition in any pending proceeding, concerning the custody of or visitation with the minor.

AB526,71,24 6. A copy of the preplacement evaluation and of the evaluation made during the pendency of the proceeding for adoption.

AB526,71,25 7. A copy of any report containing the information required under s. 48.82 (6).

AB526,72,1 8. A document signed under s. 48.85 (4) (e) 5.

AB526,72,4 9. A certified copy of any marriage certificate and any decree of divorce, annulment or legal separation of the petitioner and a certified copy of any court order determining that the petitioner's spouse is incompetent.

AB526,72,7 10. A copy of any adoption assistance agreement under s. 48.975 or any other agreement with a public agency to provide a subsidy for the benefit of a minor adoptee with a special need.

AB526,72,17 11. If an agency placed the minor for adoption, a verified document from the agency stating the circumstances under which the agency obtained legal custody of the minor for the purpose of adoption; that the agency complied with any applicable law governing an interstate or intercountry placement of the minor; the name or relationship to the minor of any individual whose consent to the adoption of the minor is required, but who has not executed a consent or a relinquishment or who has not had his or her parental rights terminated, and any fact or circumstance that may excuse the lack of consent, relinquishment or termination of parental rights; whether the agency has executed its consent to the proposed adoption; and whether the agency waives notice of the proceeding for adoption.

AB526,72,19 12. A document stating the name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption.

AB526,72,21 (b) If an item required under par. (a) is not available, the person responsible for furnishing the item shall file an affidavit explaining the absence of the item.

AB526,72,25 48.89 General procedure for adoption of minors; notice of pendency of proceeding. (1) Service of notice. (a) Unless notice has been waived, notice of a proceeding for the adoption of a minor shall be served, within 20 days after the date on which the petition for adoption is filed, on all of the following persons: