AB526: Bill Text

AB526,82,10 (b) The order extinguishes any right the respondent had to withhold his or her consent to a proposed adoption of the minor or to receive any further notice of a proceeding for the adoption of the minor.

AB526,82,11 (c) The order is a final order for purposes of appeal.

AB526,82,12 (6) Effect of order denying petition.

AB526,82,16 (a) If the court denies a petition under this section to terminate parental rights, the court shall dismiss the proceeding for adoption and shall determine the legal custody and physical custody of the minor according to the criteria specified in s. 48.92 (4).

AB526,82,18 (b) An order under this section denying a petition to terminate parental rights is a final order for purposes of appeal.

AB526,82,23 48.91 Evaluation of adoptee and prospective adoptive parent. (1) Evaluation during proceeding for adoption. (a) After a petition for the adoption of a minor is filed, the court shall order an individual who is qualified under s. 48.83 (2) to make an evaluation of the minor's placement with the proposed adoptive parent.

AB526,82,25 (b) The court shall provide the evaluator with copies of the petition for adoption and of the items filed with the petition.

AB526,83,4 (2) Content of evaluation. (a) The evaluator shall personally interview the petitioner in the petitioner's residence, observe the relationship between the adoptee and the petitioner, obtain the information specified in par. (b) and base the evaluation on that personal interview, observation and information.

AB526,83,6 (b) An evaluation under sub. (1) (a) shall be in writing and shall contain all of the following information:

AB526,83,9 1. An account of any change in the petitioner's marital status or family history, physical or mental health, home environment, property, income or financial obligations since the filing of the preplacement evaluation.

AB526,83,12 2. All reasonably available information concerning the physical, mental and emotional condition of the adoptee that is not included in any report on the adoptee's health, genetic and social history filed in the proceeding for adoption.

AB526,83,15 3. Copies of any court order, judgment or decree, or any significant documents from a pending legal proceeding, affecting the adoptee, the petitioner or any child of the petitioner.

AB526,83,17 4. A list of the expenses, fees or other charges incurred, paid or to be paid, and anything of value exchanged or to be exchanged, in connection with the adoption.

AB526,83,19 5. Any behavior or characteristic of the petitioner that raises a specific concern, as described in s. 48.83 (4) (a), about the petitioner or the petitioner's home.

AB526,83,22 6. A finding by the evaluator concerning the suitability of the petitioner and the petitioner's home for the adoptee and a recommendation concerning the granting of the petition for adoption.

AB526,83,25 (3) Time and filing of evaluation. (a) The evaluator shall complete the evaluation and file the evaluation with the court within 60 days after receipt of the court's order for an evaluation, unless the court for good cause allows a later filing.

AB526,84,4 (b) If an evaluation raises a specific concern, as described in s. 48.83 (4) (a), the evaluator shall file the evaluation immediately and shall explain in the evaluation why the specific concern poses a significant risk of harm to the physical or psychological well-being of the adoptee.

AB526,84,8 (c) The evaluator shall provide the petitioner with a copy of the evaluation when the evaluation is filed with the court and shall retain for 3 years after the date of filing a copy of the evaluation and a list of every source for each item of information contained in the evaluation.

AB526,84,13 48.92 Dispositional hearing; decree of adoption. (1) Time for hearing on petition. The court shall set a date and time for hearing the petition for adoption. The hearing may be held no sooner than 90 days, and no later than 180 days, after the date on which the petition for adoption is filed, unless the court for good cause sets an earlier or later date and time.

AB526,84,15 (2) Disclosure of fees and charges. At least 10 days before the hearing the following individuals shall file the following documents with the court:

AB526,84,21 (a) The petitioner shall file with the court a signed and verified accounting of any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption, including any payment prohibited or authorized under s. 48.96. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient and the purpose of each payment or disbursement.

AB526,84,24 (b) The attorney for the petitioner shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor.

AB526,85,4 (c) The attorney for each parent of the minor or for the guardian of the minor shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor.

AB526,85,7 (d) If an agency placed the minor for adoption, the agency shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by the agency for, or incidental to, the placement and adoption of the minor.

AB526,85,10 (e) If a guardian placed the minor for adoption, the guardian shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by the guardian for, or incidental to, the placement and adoption of the minor.

AB526,85,14 (3) Granting petition for adoption. (a) The court shall grant a petition for adoption if the court determines that the adoption will be in the best interest of the minor, that the petitioner is a suitable adoptive parent for the minor and that all of the following requirements have been met:

AB526,85,16 1. At least 90 days have elapsed since the filing of the petition for adoption, unless the court, for good cause shown, waives this requirement.

AB526,85,18 2. The adoptee has been in the physical custody of the petitioner for at least 90 days, unless the court, for good cause shown, waives this requirement.

AB526,85,20 3. Notice of the proceeding for adoption has been served on, or dispensed with as to, any person entitled to receive notice under s. 48.89.

AB526,85,23 4. Every necessary consent to the adoption, relinquishment, waiver, disclaimer of parental interest and judicial order terminating parental rights, including an order issued under s. 48.90, has been obtained and filed with the court.

AB526,85,25 5. Any evaluation required under this subchapter has been filed with and considered by the court.

AB526,86,2 6. If applicable, any requirement of this subchapter governing an interstate or intercountry placement for adoption has been met.

AB526,86,5 7. If applicable, the requirements of the federal Indian Child Welfare Act, 25 USC 1901 to 1963, have been met or, if not applicable, the court has determined that the minor is not subject to that act.

AB526,86,10 8. The court has reviewed the accounting and affidavits required under sub. (2), and the court has denied, modified or ordered reimbursement of any payment or disbursement that is not authorized under s. 48.96 or that is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption.

AB526,86,11 9. The petitioner has received each report required under s. 48.82 (6).

AB526,86,13 10. Any document signed under s. 48.85 (4) (e) 5. prohibiting the release of a former parent's identity has been filed with the court.

AB526,86,17 (b) Notwithstanding a finding by the court that an activity prohibited under s. 48.96 has occurred, if the court makes the determinations required under par. (a), the court shall grant the petition for adoption and report the violation to the appropriate authorities.

AB526,86,22 (c) Except as otherwise provided in s. 48.94 (3) (b) 2., the court shall inform the petitioner and any other person affected by an order for visitation or communication with the adoptee existing at the time that the decree of adoption is entered that the decree of adoption terminates any such existing order for visitation or communication.

AB526,87,6 (4) Denial of petition for adoption. If the court denies a petition for the adoption of a minor, the court shall dismiss the proceeding and issue an appropriate order for the legal custody and physical custody of the minor. If the court denies the petition for adoption because a consent to the adoption or a relinquishment is revoked or set aside under s. 48.85 (8) or (9), the court shall determine the legal custody and physical custody of the minor as provided in those subsections. If the court denies the petition for adoption for any other reason, the court shall determine the legal custody and physical custody of the minor according to the best interest of the minor.

AB526,87,8 (5) Decree of adoption. (a) A decree of adoption shall state or contain all of the following:

AB526,87,10 1. The original name of the adoptee, if the adoptive parent is a stepparent or relative and, in all other adoptions, the original name of the adoptee or a pseudonym.

AB526,87,11 2. The name of the petitioner for adoption.

AB526,87,12 3. Whether the petitioner is married or unmarried.

AB526,87,13 4. Whether the petitioner is a stepparent of the adoptee.

AB526,87,15 5. The name by which the adoptee is to be known and the date on which the name takes effect.

AB526,87,18 6. Information to be incorporated into a new birth certificate to be issued by the state registrar of vital statistics, unless the petitioner or an adoptee who has attained 12 years of age requests that a new birth certificate not be issued.

AB526,87,21 7. The adoptee's date and place of birth, if known, or, in the case of an adoptee born outside the United States, the adoptee's date and place of birth as determined under par. (b).

AB526,87,22 8. The effect of the decree of adoption as specified in s. 48.81 (4) to (6).

AB526,87,23 9. That the adoption is in the best interest of the adoptee.

AB526,87,25 (b) In determining the date and place of birth of an adoptee born outside the United States, the court shall do as follows:

AB526,88,3 1. Enter the date and place of birth as specified in the birth certificate from the country of origin, the U.S. state department's report of birth abroad or the documents of the U.S. immigration and naturalization service.

AB526,88,6 2. If the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin.

AB526,88,9 3. If the exact date of birth is unknown, determine a date of birth based on medical evidence as to the probable age of the adoptee and other evidence that the court considers appropriate.

AB526,88,11 4. If the documents described in subd. 1. are not available, determine the date and place of birth based on evidence that the court finds appropriate to consider.

AB526,88,13 (c) Unless a petitioner requests otherwise, the decree of adoption may not name a former parent of the adoptee.

AB526,88,17 (d) Except for a decree of adoption of a minor by a stepparent issued under s. 48.94 (12), a decree of adoption of a minor shall contain a statement that the adoption terminates any order for visitation or communication with the minor that was in effect before the decree is issued.

AB526,88,20 (e) A decree of adoption that substantially complies with this subsection may not be challenged solely because one or more of the items required under this subsection are not contained in the decree.

AB526,88,24 (6) Finality of decree. A decree of adoption issued under this subchapter is a final order for purposes of appeal when it is entered and becomes final for other purposes on the expiration of the time for filing an appeal, if no appeal is filed, or on the denial or dismissal of any appeal filed within the time for filing an appeal.

AB526,89,3 (7) Challenges to decree. (a) The court of appeals and the supreme court shall hear an appeal from a decree of adoption or other appealable order issued under this subchapter expeditiously.

AB526,89,8 (b) A decree or order issued under this subchapter may not be vacated or annulled on the application of a person who waived notice of any proceeding under this subchapter or who was properly served with notice of a proceeding under this subchapter and who failed to respond or appear, file an answer or file a claim of paternity within 20 days after service of the notice.

AB526,89,11 (c) No person may challenge the validity of a decree of adoption issued under this subchapter on the ground that a person has failed to comply with an agreement for visitation or communication with an adoptee.

AB526,89,17 (d) No person may bring a challenge to the validity of a decree of adoption or other order issued under this subchapter more than 6 months after the date on which the decree or order is entered. If a challenge is brought by a person whose parental rights to an adoptee have been terminated by a decree or order issued under this subchapter, the court shall deny the challenge, unless the court finds, by clear and convincing evidence, that the decree or order is not in the best interest of the adoptee.

AB526,89,22 48.93 Birth certificate. (1) Report of adoption. (a) Within 30 days after the date on which a decree of adoption becomes final, the clerk of the court shall prepare a report of the adoption on a form furnished by the state registrar of vital statistics and certify and send the report to the state registrar. The report shall include all of the following information:

AB526,90,2 1. Information in the court's records of the proceeding for adoption that is necessary to locate and identify the adoptee's birth certificate or, if the adoptee was born outside the United States, evidence the court finds appropriate to consider as to the adoptee's date and place of birth.

AB526,90,6 2. Information in the court's records of the proceeding for adoption that is necessary to issue a new birth certificate, unless the court, the adoptive parent or an adoptee who has attained the age of 12 years requests that a new birth certificate not be issued.

AB526,90,8 3. The file number of the decree of adoption and the date on which the decree became final.

AB526,90,14 (b) Within 30 days after the date on which a decree of adoption is amended or vacated, the clerk of court shall prepare a report of that action on a form furnished by the state registrar of vital statistics and shall certify and send the report to the state registrar. The report shall include information necessary to identify the original report of adoption and information necessary to amend or withdraw any new birth certificate that was issued as a result of the original report of adoption.

AB526,90,20 (2) Issuance of new birth certificate. (a) Except as otherwise provided in par. (d), on receipt of a report of adoption prepared under sub. (1), a report of adoption prepared under the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee's original birth certificate and to issue a new birth certificate, or a report of an amended decree of adoption, the state registrar of vital statistics shall do one of the following:

AB526,90,23 1. Issue a new birth certificate for an adoptee born in this state and furnish a certified copy of the new birth certificate to the adoptive parent and to an adoptee who has attained the age of 12 years.

AB526,91,3 2. Forward a certified copy of the report of adoption for an adoptee born in another state to the state registrar of the state of birth or the closest equivalent official of that state.

AB526,91,7 3. Issue a certificate of foreign birth for an adoptee adopted in this state who was born outside the United States and who was not a citizen of the United States at the time of birth and furnish a certified copy of that certificate to the adoptive parent and to an adoptee who has attained the age of 12 years.

AB526,91,11 4. Notify an adoptive parent of the procedure for obtaining a copy of a revised birth certificate through the U.S. state department for an adoptee who was born outside the United States and who was a citizen of the United States at the time of birth.

AB526,91,14 5. In the case of an amended decree of adoption, issue an amended birth certificate according to the procedure specified in subd. 1. or 3., as applicable, or follow the procedure specified in subd. 2. or 4., as applicable.

AB526,91,17 (b) Unless otherwise directed by the court, a new birth certificate issued under par. (a) 1. or 3. or an amended birth certificate issued under par. (a) 5. shall include all of the information specified in s. 69.15 (2) (a).

AB526,91,22 (c) The state registrar shall substitute the new or amended birth certificate for the original birth certificate in the system of vital statistics. The original birth certificate and all copies of the original birth certificate in the system of vital statistics shall be sealed and are not subject to inspection until 99 years after the adoptee's date of birth, except by court order or as provided in s. 48.433 or 48.95.

AB526,92,3 (d) If the court orders, or the adoptive parent or an adoptee who has attained the age of 12 years requests, that a new or amended birth certificate not be issued, the state registrar may not issue a new or amended birth certificate for an adoptee under par. (a), but if the adoptee was born in another state, the state registrar shall forward a certified copy of the report of adoption or the amended decree of adoption to the state registrar of the state of birth or the closest equivalent official of that state.

AB526,92,5 (e) On receipt of a report that an adoption has been vacated, the state registrar shall do one of the following:

AB526,92,9 1. If the former adoptee was born in this state, restore the original birth certificate to its place in the system of vital statistics, seal any new or amended birth certificate issued under par. (a) and not allow inspection of any sealed birth certificate, except on court order or under s. 48.433 or 48.95.

AB526,92,11 2. If the former adoptee was born in another state, forward the report to the state registrar or closest equivalent official of the state of birth.

AB526,92,15 3. If the former adoptee was born outside the United States and was a citizen of the United States at the time of birth, notify the person who was granted legal custody of the former adoptee after the adoption was vacated of the procedure for obtaining a copy of the original birth certificate through the U.S. state department.

AB526,92,19 (f) On request of an individual who was listed as a parent on a child's original birth certificate and who furnishes proof of the individual's identity, the state registrar shall provide the individual with a noncertified copy of the original birth certificate.

AB526,92,22 48.94 Adoption of stepchild by stepparent. (1) Other provisions applicable to adoption of stepchild. Except as otherwise provided in this section, ss. 48.86 to 48.93 apply to the adoption of a stepchild by a stepparent.

AB526,92,25 (2) Standing to adopt stepchild. (a) A stepparent has standing under this section to petition to adopt a stepchild who is the child of the stepparent's spouse if any of the following requirements is met:

AB526,93,3 1. The stepparent's spouse has sole legal custody and physical custody of the stepchild and the stepchild has been in the physical custody of the spouse and the stepparent during the 60 days preceding the filing of the petition for adoption.

AB526,93,6 2. The stepparent's spouse has joint legal custody of the stepchild with the stepchild's other parent and the stepchild has resided primarily with the spouse and the stepparent during the 12 months preceding the filing of the petition for adoption.

AB526,93,11 3. The stepparent's spouse is deceased or has been judicially declared incompetent, but before dying or being judicially declared incompetent had legal custody and physical custody of the stepchild, and the stepchild has resided primarily with the stepparent during the 12 months preceding the filing of the petition for adoption.

AB526,93,12 4. An agency placed the stepchild with the stepparent under s. 48.82 (3).

AB526,93,17 (b) For good cause shown, a court may allow an individual who does not meet any of the requirements specified in par. (a), but who has the consent of the custodial parent of a minor, to file a petition for adoption under this section. A petition allowed under this paragraph shall be treated as if the petition had been filed by a stepparent.

AB526,93,20 (c) A petition for adoption by a stepparent may be joined with a petition under s. 48.90 to terminate the parental rights of the parent of the adoptee who is not the stepparent's spouse.