AB526: Bill Text

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.

AB526,97,13 (7) Content of consent by other persons. (a) A consent to the adoption of a stepchild by the stepchild's stepparent executed by the guardian of the stepchild or by an agency shall be in writing and shall be signed or confirmed in the presence of the court or in a manner that the court directs. The consent may waive notice of the proceeding for adoption, unless the adoption is contested, appealed or denied, and shall contain all of the following:

AB526,97,15 1. A statement of the circumstances under which the guardian or agency obtained the authority to consent to the adoption of the stepchild by the stepparent.

AB526,97,17 2. The statements required under subs. (4) and (5), other than the statements that can be made only by a parent of the stepchild.

AB526,97,20 (b) A consent to the adoption of a stepchild by the stepchild's stepparent executed by the stepchild shall be signed or confirmed in the presence of the court or in a manner that the court directs.

AB526,97,24 (8) Petition to adopt. A petition by a stepparent to adopt a stepchild 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:

AB526,97,25 (a) The information required under s. 48.88 (4) (a) 1., 3., 5. and 8. to 12. and (b).

AB526,98,5 (b) The current marital status of the petitioner, including the date and place of marriage, the name and date and place of birth of the petitioner's spouse and, if the spouse is deceased, the date, place and cause of death of the spouse and, if the spouse is incompetent, the date on which a court determined that the spouse is incompetent.

AB526,98,11 (c) The length of time that the stepchild has been in the physical custody of the petitioner and the petitioner's spouse or, if the stepchild is not in the physical custody of the petitioner and the petitioner's spouse, the reason why the petitioner and the petitioner's spouse do not have physical custody of the stepchild and when the petitioner and the petitioner's spouse intend to obtain physical custody of the stepchild.

AB526,98,14 (d) The length of time that the petitioner's spouse or the petitioner has had legal custody of the stepchild and the circumstances under which the petitioner's spouse or petitioner obtained legal custody of the stepchild.

AB526,98,16 (9) Required documents. (a) After a petition to adopt a stepchild is filed, the following documents shall be filed with the court:

AB526,98,18 1. Any document specified in s. 48.88 (5) (a) that is relevant to an adoption by a stepparent.

AB526,98,19 2. A copy of any agreement to waive arrearages of child support.

AB526,98,21 (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.

AB526,98,24 (10) Notice of pendency of proceeding. Unless notice has been waived, the petitioner shall serve notice of a proceeding for the adoption of a stepchild, within 30 days after the date on which the petition is filed, on all of the following persons:

AB526,98,25 (a) The petitioner's spouse.

AB526,99,2 (b) Any other person whose consent to the adoption is required under this section.

AB526,99,3 (c) Any person described in s. 48.89 (1) (a) 3., 4. and 6. and (b).

AB526,99,6 (d) The parents of the parent of the minor whose parental rights will be terminated by the adoption, unless the identity or whereabouts of those parents are unknown.

AB526,99,10 (11) Evaluation of stepparent. (a) After a petition for the adoption of a stepchild is filed, the court may order that an individual who is qualified under s. 48.83 (2) make an evaluation of the petitioner to assist the court in determining whether the proposed adoption is in the best interest of the stepchild.

AB526,99,12 (b) The court shall provide the evaluator with copies of the petition for adoption and of the items filed with the petition.

AB526,99,18 (c) Unless otherwise directed by the court, the evaluator shall personally interview the petitioner and the petitioner's spouse in the petitioner's residence, observe the relationship between the stepchild and the petitioner, personally interview other persons who know the petitioner and who may have information relevant to the evaluation, obtain the information specified in par. (d) and base the evaluations on those interviews and that observation and information.

AB526,99,20 (d) An evaluation under par. (a) shall be in writing and shall contain all of the following information:

AB526,99,21 1. The information required under s. 48.83 (3) (d) and (e).

AB526,99,22 2. The information required under s. 48.91 (2) (b) 2. to 5.

AB526,99,23 3. The finding required under s. 48.91 (2) (b) 6.

AB526,100,3 (e) The evaluator shall complete the evaluation and file the evaluation with the court within 60 days after the date of the court's order for an evaluation, unless the court for good cause allows a later filing.

AB526,100,4 (f) Section 48.91 (3) (b) and (c) applies to an evaluation ordered under par. (a).

AB526,100,7 (12) Dispositional hearing; decree of adoption. Section 48.92 applies to a proceeding for the adoption of a stepchild by a stepparent, except that the court may waive the requirements of s. 48.92 (2).

AB526,100,14 (13) Visitation agreement and order. (a) On the request of the petitioner in a proceeding for the adoption of a stepchild, the court shall review a written agreement that permits another individual to visit or communicate with the stepchild after the decree of adoption becomes final. The agreement shall be signed by the individual who is permitted visitation or communication, the petitioner, the petitioner's spouse, the stepchild if 12 years of age or over and, if an agency placed the stepchild for adoption, an authorized employe of the agency.

AB526,100,17 (b) The court may enter an order approving the agreement only if the court determines that the agreement is in the best interest of the stepchild. In making that determination, the court shall consider all of the following factors:

AB526,100,19 1. The preference of the stepchild, if the stepchild is mature enough to express a preference.

AB526,100,21 2. Any special needs of the stepchild and how those special needs would be affected by the performance of the agreement.

AB526,100,25 3. The length and quality of any existing relationship between the stepchild and the individual who would be permitted to visit or communicate with the stepchild and the likely effect on the stepchild of permitting the relationship to continue.

AB526,101,2 4. The specific terms of the agreement and the likelihood that the parties to the agreement will cooperate in performing those terms.

AB526,101,4 5. The recommendation of the stepchild's guardian ad litem, attorney, social worker or other counselor.

AB526,101,5 6. Any other factors that are relevant to the best interest of the stepchild.

AB526,101,9 (c) In addition to any agreement approved under pars. (a) and (b), the court may approve the continuation of an existing order or issue a new order permitting the stepchild's former parent, grandparent or sibling to visit or communicate with the stepchild if all of the following conditions are met:

AB526,101,12 1. The grandparent is the parent of a deceased parent of the stepchild or the parent of a parent of the stepchild whose parental rights to the stepchild are terminated by the decree of adoption.

AB526,101,14 2. The former parent, grandparent or sibling requests that an existing order be permitted to survive the decree of adoption or that a new order be issued.

AB526,101,16 3. The court determines that the requested visitation or communication is in the best interest of the stepchild.

AB526,101,19 (d) In making a determination under par. (c) 3., the court shall consider the factors listed in par. (b) and any objections to the requested order by the adoptive stepparent and the stepparent's spouse.

AB526,101,21 (e) An order issued under this subsection may be enforced in a civil action only if the court finds that enforcement of the order is in the best interest of the stepchild.

AB526,101,24 (f) The court may not modify an order issued under this subsection unless the court finds that modification of the order is in the best interest of the stepchild and that any of the following circumstances applies:

AB526,102,2 1. All of the individuals who are subject to the order request that the order be modified.

AB526,102,4 2. Exceptional circumstances arising since the order was issued justify modifying the order.

AB526,102,10 (g) Failure to comply with an order approved under this subsection or with any other agreement for visitation or communication with an adoptee stepchild is not a ground for revoking, setting aside or otherwise challenging the validity of a consent to adoption, relinquishment or decree of adoption pertaining to the stepchild, and the validity of the consent, relinquishment or adoption is not affected by any later action to enforce, modify or set aside the order or agreement.

AB526,102,13 48.95 Records of adoption proceeding; retention, confidentiality and access. (1) Definition. In this section, unless the context requires otherwise, "records" includes all documents, exhibits and data pertaining to an adoption.

AB526,102,19 (2) Records confidential; court records sealed. (a) All records, whether on file with the court, or in the possession of an agency, the state registrar of vital statistics, a register of deeds, an attorney or another provider of professional services in connection with an adoption, are confidential and may not be inspected except as provided in this subchapter or s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j) or by order of the court.

AB526,102,21 (b) During a proceeding for adoption, records are not open to inspection except as directed by the court.

AB526,102,25 (c) Within 30 days after the date on which a decree of adoption becomes final, the clerk of the court shall send to the state registrar of vital statistics, in addition to the report of the adoption under s. 48.93 (1), a certified copy of any document signed under s. 48.85 (4) (e) 5. and filed in the proceeding for adoption.

AB526,103,4 (d) All records on file with the court shall be retained permanently and sealed for 99 years after the date of the adoptee's birth. Sealed records and indices of the records are not open to inspection by any person except as provided in this subchapter or by order of the court.

AB526,103,10 (e) Any additional information about an adoptee, the adoptee's former parents or the adoptee's genetic history that is submitted to the court within 99 years after the date of the adoptee's birth shall be added to the sealed records of the court. Any additional information about an adoptee, the adoptee's former parents or the adoptee's genetic history that is submitted to an agency, attorney or other provider of professional services within that 99-year period shall be kept confidential.

AB526,103,20 (3) Release of nonidentifying information. (a) An adoptive parent or guardian of an adoptee who has not attained the age of 18 years, an adoptee who has attained the age of 18 years, an emancipated adoptee, a deceased adoptee's direct descendant who has attained the age of 18 years or the parent or guardian of a deceased adoptee's direct descendant who has not attained the age of 18 years may request the court that granted the adoption or the agency that placed the adoptee for adoption to provide the individual making the request with the nonidentifying information about the adoptee, the adoptee's former parents and the adoptee's genetic history that the court or agency has retained, including the information specified in s. 48.82 (6).

AB526,104,3 (b) The court or agency from which the nonidentifying information is requested under par. (a) shall furnish the individual who makes the request with a detailed summary of any report or information that is relevant to the request and that is included in the sealed records of the court or the confidential records of the agency. The summary shall exclude identifying information concerning an individual who has filed a document requesting confidentiality with the court or agency. The department shall prescribe forms and a procedure for summarizing any report or information that is released under this paragraph.

AB526,104,6 (c) An individual who is denied access to nonidentifying information to which the individual is entitled under this section or s. 48.82 (6) may petition the court for relief.

AB526,104,13 (d) If the court receives a certified statement from a physician that explains in detail how a health condition may seriously affect the health of an adoptee or a direct descendant of an adoptee, the court shall make a diligent effort to notify the adoptee, if the adoptee has attained the age of 18 years, an adoptive parent or guardian of the adoptee, if the adoptee has not attained the age of 18 years, or a direct descendant of a deceased adoptee that nonidentifying information about that health condition is available and may be requested from the court.