AB526: Bill Text

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.

AB526,104,20 (e) If the court receives a certified statement from a physician that explains in detail why a serious health condition of an adoptee or a direct descendant of an adoptee should be communicated to the adoptee's genetic parent or sibling to enable the parent or sibling to make an informed reproductive decision, the court shall make a diligent effort to notify the genetic parent or sibling that nonidentifying information about that serious health condition is available and may be requested from the court.

AB526,105,4 (f) If the state registrar of vital statistics receives a request for information about an adoptee from an individual under this subsection or if an individual furnishes any additional information about an adoptee to the state registrar under this subsection, the state registrar shall give the individual the name and address of the court or agency that has the records concerning the adoptee and, if the court or agency is in another state, shall assist the individual in locating the court or agency. The state registrar shall prescribe a procedure for verifying the identity, age or other relevant characteristics of an individual who requests or furnishes information under this subsection.

AB526,105,9 (4) Disclosure of identifying information. (a) Except as otherwise provided in this section, identifying information about an adoptee's former parent, an adoptee or an adoptive parent that is contained in records, including copies of original birth certificates, required by this chapter to be kept confidential or sealed may not be disclosed to any person.

AB526,105,21 (b) The state registrar of vital statistics shall disclose identifying information about an adoptee's former parent to an adoptee who has attained the age of 18 years, an adoptive parent or guardian of an adoptee who has not attained the age of 18 years, 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 on the request of any of those individuals unless the adoptee's former parent or, if the former parent is deceased or has been judicially declared incompetent, an adult descendant of the former parent prohibits the disclosure of the former parent's name, date of birth, last-known address or other identifying information either in a document signed under s. 48.85 (4) (e) 5. and filed in the proceeding for adoption or in another signed document kept by the court, an agency or the state registrar.

AB526,105,25 (c) The state registrar shall disclose identifying information about an adoptee or a deceased adoptee's direct descendant to an adoptee's former parent if the former parent requests the information and if the adoptee or direct descendant has attained the age of 18 years.

AB526,106,3 (d) The state registrar shall disclose identifying information about an adult sibling of an adoptee who has attained the age of 18 years to the adoptee if the sibling is also an adoptee.

AB526,106,6 (e) Paragraph (d) does not permit the disclosure of a former parent's identity if that parent has prohibited that disclosure under this subchapter or s. 48.433 or 48.434.

AB526,106,17 (5) Action for disclosure of information. (a) To obtain information not otherwise available under sub. (3), (4) or (7), an adoptee who has attained the age of 18 years, an adoptee who has not attained the age of 18 years but who has obtained the permission of an adoptive parent or guardian, an adoptive parent or guardian of an adoptee who has not attained the age of 18 years, a deceased adoptee's direct descendant who has attained the age of 18 years, the parent or guardian of a deceased adoptee's direct descendant who has not attained the age of 18 years or an adoptee's former parent may file a petition with the court to obtain information about another individual described in this paragraph that is contained in records, including copies of original birth certificates, required by this subchapter to be kept confidential and sealed.

AB526,106,20 (b) In determining whether to grant a petition under this subsection, the court shall review the sealed records of the proceeding for adoption and shall make specific findings concerning all of the following:

AB526,106,24 1. The reason why the petitioner seeks the information, if the petitioner is an adoptee who has not attained 18 years of age, but who has obtained the permission of a parent or guardian to seek the information, or if the petitioner is an adoptive parent or guardian of an adoptee who has not attained 18 years of age.

AB526,107,3 2. Whether the individual about whom the information is sought has filed a signed document described in sub. (4) or s. 48.85 (4) (e) 5. requesting that the identity of the individual not be disclosed.

AB526,107,4 3. Whether the individual about whom the information is sought is alive.

AB526,107,6 4. Whether it is possible to satisfy the petitioner's request without disclosing the identity of another individual.

AB526,107,9 5. The likely effect that disclosure of the information would have on the adoptee, the adoptive parents, the adoptee's former parents and other members of the adoptee's original and adoptive families.

AB526,107,14 (c) The court may order the disclosure of the requested information only if the court determines that good cause exists for the disclosure based on the findings required under par. (b), that there is a compelling reason for disclosure of the information and that the benefit to the petitioner of the disclosure will be greater than the harm to any other individual.

AB526,107,16 (6) Statewide registry. The state registrar of vital statistics shall do all of the following:

AB526,107,19 (a) Establish a statewide confidential registry for receiving, filing and retaining documents requesting or prohibiting the release of identifying information.

AB526,107,21 (b) Prescribe and distribute forms or documents on which an individual may request or prohibit the release of identifying information.

AB526,107,23 (c) Devise a procedure for releasing identifying information in the state registrar's possession on receipt of an appropriate request and authorization.

AB526,107,25 (d) Cooperate with registries in other states to facilitate the matching of documents filed under this section by individuals in different states.

AB526,108,2 (e) Announce and publicize to the general public the existence of the registry and the procedure for the consensual release of identifying information.

AB526,108,12 (7) Release of original birth certificate. (a) The state registrar of vital statistics shall furnish a copy of an adoptee's original birth certificate on the request of an adoptee who has attained the age of 18 years, an adoptive parent or guardian of an adoptee who has not attained the age of 18 years or, if the adoptee is deceased, a direct descendent of the deceased adoptee who has attained the age of 18 years or the parent or guardian of a direct descendant who has not attained the age of 18 years unless any individual who is named as a parent on the adoptee's original birth certificate has prohibited that disclosure either in a document signed under s. 48.85 (4) (e) 5. and filed in the proceeding for adoption or in another signed document kept by the court, an agency or the state registrar.

AB526,108,18 (b) When 99 years have elapsed after the date of birth of an adoptee whose original birth certificate is sealed under this subchapter, the state registrar shall unseal the original birth certificate and file the original birth certificate with any new or amended birth certificate that has been issued. When unsealed, a birth certificate becomes a public record and may be released under s. 69.20 or 69.21 or under any other law governing the retention and disclosure of vital records.

AB526,108,23 (8) Certificate of adoption. On the request of an adoptee who has attained the age of 18 years or an adoptive parent, the clerk of the court that entered a decree of adoption shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent and the name of the adoptee as provided in the decree of adoption.

AB526,109,3 (9) Disclosure authorized in course of employment. This section does not prohibit an employe or agent of the court, an agency or the state registrar of vital statistics from doing any of the following:

AB526,109,5 (a) Inspecting permanent, confidential or sealed records for the purpose of discharging any obligation under this subchapter.

AB526,109,8 (b) Disclosing the name of the court in which a proceeding for adoption occurred or the name of an agency that placed an adoptee to an individual described in sub. (3), (4) or (5) who can verify his or her identity.

AB526,109,10 (c) Disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable state or federal law.

AB526,109,13 (10) Fee for services. A court, an agency or the state registrar of vital statistics may charge a reasonable fee for services, including copying services, performed under this section.

AB526,109,20 48.96 Prohibited and permissible activities in connection with adoption. (1) Prohibited activities in placement. (a) 1. Except as otherwise provided in s. 48.82, a person, other than a parent, guardian or agency, as specified in s. 48.82 (1) to (3), or a person providing adoption information exchange services under s. 48.55 or adoption information under s. 48.551 may not place a minor for adoption or advertise in any public medium that the person knows of a minor who is available for adoption.

AB526,109,24 2. Except as otherwise provided in s. 48.82, a person, other than an agency or an individual who has a favorable preplacement evaluation, as required by s. 48.83, may not advertise in any public medium that the person is willing to accept a minor for adoption.

AB526,110,4 3. Except as otherwise provided in s. 48.82, an individual, other than a relative or stepparent of a minor, who does not have a favorable preplacement evaluation or or who has an unfavorable preplacement evaluation may not obtain legal custody or physical custody of a minor for the purpose of adoption.

AB526,110,8 4. Except as otherwise provided in s. 48.82, a person may not place or assist in placing a minor for adoption with an individual, other than a relative or stepparent, unless the person knows that the individual has a favorable preplacement evaluation.

AB526,110,13 (b) Any person who violates par. (a) 1., 2., 3. or 4. may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense. The court may enjoin from committing any further violations any person who violates par. (a) 1., 2., 3. or 4. and shall inform any appropriate licensing authority or other official of the violation.

AB526,110,17 (2) Unlawful payments related to adoption. (a) Except as otherwise provided in subs. (3) and (4), a person may not pay or give, or offer to pay or give, to any other person, or request, receive or accept, any money or anything of value, directly or indirectly, for any of the following:

AB526,110,18 1. The placement of a minor for adoption.

AB526,110,19 2. The consent of a parent, guardian or agency to the adoption of a minor.

AB526,110,20 3. The relinquishment of a minor to an agency for the purpose of adoption.

AB526,110,23 (b) 1. Any person who knowingly violates par. (a) may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,2 2. Any person who knowingly makes a false report to the court about a payment that is prohibited under par. (a) or authorized under sub. (3) or (4) may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,7 3. Any parent or guardian who knowingly receives or accepts a payment authorized under sub. (3) or (4) with the intent not to consent to an adoption or to relinquish a minor for adoption may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,10 (c) The court may enjoin from committing any further violations any person described in par. (b) 1., 2. or 3. and shall inform any appropriate licensing authority or other official of the violation.

AB526,111,14 (3) Lawful payments related to adoption. (a) Subject to the requirements of s. 48.92 (2) and (3) (a) 8. for an accounting and judicial approval of the fees and charges related to an adoption, an adoptive parent or a person acting on behalf of an adoptive parent may pay for any of the following:

AB526,111,15 1. The services of an agency in connection with an adoption.

AB526,111,16 2. Advertising and similar expenses incurred in locating a minor for adoption.

AB526,111,19 3. Medical, hospital, nursing, pharmaceutical, travel or other similar expenses incurred by a mother or her minor child in connection with the birth or any illness of the minor child.

AB526,111,21 4. Counseling services provided to a parent or a minor for a reasonable time before and after the minor's placement for adoption.

AB526,111,23 5. Living expenses of a mother for a reasonable time before the birth of her child and for no more than 6 weeks after the birth of the child.

AB526,111,25 6. Expenses incurred in ascertaining the information required under s. 48.82 (6).

AB526,112,4 7. Legal services, court costs, travel and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or who relinquishes the minor to an agency for the purpose of adoption.

AB526,112,6 8. Expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption.

AB526,112,7 9. Any other service that the court finds is reasonably necessary.

AB526,112,15 (b) A parent or a guardian, a person acting on behalf of a parent or guardian or a provider of a service listed in par. (a) may receive or accept a payment authorized under par. (a). The payment may not be made contingent on the placement of a minor for adoption, the relinquishment of a minor or the consent to the adoption of a minor. If the adoption is not completed, a person who is authorized to make a specific payment under par. (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption.

AB526,112,19 (4) Charges by agency. Subject to the requirements of s. 48.92 (2) and (3) (a) 8. for an accounting and judicial approval of the fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for any of the following:

AB526,112,22 (a) Medical, hospital, nursing, pharmaceutical, travel or other similar expenses incurred by a mother or her minor child in connection with the birth or any illness of the minor child.

AB526,112,25 (b) A percentage of the annual cost that the agency incurs in locating and providing counseling services for adoptees, parents and prospective adoptive parents.

AB526,113,2 (c) Living expenses of a mother for a reasonable time before the birth of her child and for no more than 6 weeks after the birth of the child.

AB526,113,4 (d) Expenses incurred in ascertaining the information required under s. 48.82 (6).

AB526,113,7 (e) Legal services, court costs, travel and other administrative expenses connected with an adoption, including any legal services performed for a parent who relinquishes a minor to the agency for purposes of adoption.

AB526,113,9 (f) Preparation of a preplacement evaluation and an evaluation during the proceeding for adoption.

AB526,113,10 (g) Any other service that the court finds is reasonably necessary.

AB526,113,18 (5) Failure to disclose information. (a) Any person, other than a parent who placed a minor for adoption, who has a duty to provide the nonidentifying information required under s. 48.82 (6) or the nonidentifying information authorized for release under s. 48.95 (3) and who intentionally refuses to provide that information may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense. The court may enjoin the person from committing any further violations of the duty to furnish nonidentifying information.