AB526: Bill Text

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.

AB526,93,23 (3) Legal consequences of adoption of stepchild. (a) Except as otherwise provided in pars. (b) and (c), the legal consequences of an adoption of a stepchild by a stepparent are as specified in s. 48.81 (3) to (6).

AB526,93,24 (b) An adoption by a stepparent does not affect any of the following:

AB526,94,2 1. The relationship between the adoptee and the adoptee's parent who is the adoptive stepparent's spouse or deceased spouse.

AB526,94,5 2. An existing court order for visitation or communication with the adoptee by an individual who is related to the adoptee through the parent who is the adoptive stepparent's spouse or deceased spouse.

AB526,94,7 3. The right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent.

AB526,94,9 4. A court order or agreement for visitation or communication with the adoptee that is approved by the court under sub. (13).

AB526,94,12 (c) Failure to comply with a court order or agreement for visitation or communication with an adoptee is not a ground for challenging the validity of an adoption by a stepparent.

AB526,94,16 (4) Consent to adoption. Unless consent is not required under s. 48.85 (2), the court may grant a petition to adopt a stepchild only if a consent to the adoption has been executed by a stepchild who has attained the age of 12 years and by one of the following:

AB526,94,17 (a) The stepchild's parents, as described in s. 48.85 (1) (a).

AB526,94,19 (b) The stepchild's guardian, if expressly authorized by a court to consent to the stepchild's adoption.

AB526,94,20 (c) An agency that placed the stepchild for adoption by the stepparent.

AB526,94,24 (5) Content of consent by stepparent's spouse. (a) A consent to the adoption of a stepchild by the stepchild's stepparent executed by a parent who is the stepparent's spouse shall be signed or confirmed in the presence of an individual specified in s. 48.85 (5), or an individual authorized to take acknowledgements.

AB526,95,3 (b) A consent under par. (a) shall be in writing, shall contain the statements described in s. 48.85 (6) (a) 1. to 3. and (d) 3. to 6., may contain the statement described in s. 48.85 (6) (f) and shall state all of the following:

AB526,95,6 1. That the parent executing the consent has legal custody and physical custody of the stepchild and that the parent voluntarily and unequivocally consents to the adoption of the stepchild by the stepparent.

AB526,95,8 2. That the parent executing the consent understands and agrees that the adoption will not terminate that parent's parental rights to the stepchild.

AB526,95,12 3. That the parent executing the consent understands and agrees that the adoption will terminate the parental rights to the stepchild of the stepchild's other parent and will terminate any existing court order for custody, visitation or communication with the stepchild except as follows:

AB526,95,14 a. The stepchild and any descendant of the stepchild will retain rights of inheritance or intestate succession from or through the stepchild's other parent.

AB526,95,19 b. A court order for visitation or communication with the stepchild by an individual related to the stepchild through the parent executing the consent, or an agreement or order concerning another individual that is approved by the court under sub. (13), survives the decree of adoption, but failure to comply with the order or agreement is not a ground for revoking or setting aside the consent or the adoption.

AB526,95,23 c. The other parent remains liable for arrearages of child support unless released from that obligation by the parent executing the consent, any guardian ad litem of the stepchild and any governmental entity providing public assistance to the stepchild.

AB526,95,25 (c) A consent under par. (a) may not waive further notice of the proceeding for adoption of the stepchild by the stepparent.

AB526,96,4 (6) Content of consent by stepchild's other parent. (a) A consent to the adoption of a stepchild by the stepchild's stepparent executed by the stepchild's parent who is not the stepparent's spouse shall be signed or confirmed in the presence of an individual specified in s. 48.85 (5).

AB526,96,7 (b) A consent under par. (a) shall be in writing, shall contain the statements described in s. 48.85 (6) (a) 1. to 3. and (d) 3. to 6., may contain the statement described in s. 48.85 (6) (f) and shall state all of the following:

AB526,96,11 1. That the parent executing the consent voluntarily and unequivocally consents to the adoption of the stepchild by the stepparent and the transfer to the stepparent and stepparent's spouse of any right the parent executing the consent has to legal custody or physical custody of the stepchild.

AB526,96,15 2. That the parent executing the consent understands and agrees that the adoption will terminate that parent's parental rights to the stepchild and will terminate any existing court order for custody, visitation or communication with the stepchild except as follows:

AB526,96,17 a. The stepchild and any descendant of the stepchild will retain rights of inheritance or intestate succession from or through the parent executing the consent.

AB526,96,23 b. A court order for visitation or communication with the stepchild by an individual related to the stepchild through the stepchild's other parent, or an agreement or order concerning another individual that is approved by the court under sub. (13), survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption.

AB526,97,2 c. The parent executing the consent remains liable for arrearages of child support unless released from that obligation by the other parent, any guardian ad litem of the stepchild and any governmental entity providing public assistance to the stepchild.

AB526,97,4 3. That the parent executing the consent has provided the adoptive stepparent with the information required under s. 48.82 (6).

AB526,97,7 (c) A consent under par. (a) may waive notice of the proceeding for the adoption of the stepchild by the stepparent, unless the adoption is contested, appealed or denied.