AB526: Bill Text

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.

AB526,113,22 (b) An employe or agent of an agency, the court or the state registrar of vital statistics who intentionally destroys any information or report compiled under s. 48.82 (6) or authorized for release under s. 48.95 may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,2 (c) In addition to the penalties provided in pars. (a) and (b), an adoptive parent, an adoptee or any person who is the subject of any information required under s. 48.82 (6) or authorized for release under s. 48.95 may maintain an action for damages or equitable relief against a person, other than a parent who placed a minor for adoption, who fails to perform the duties required under s. 48.82 (6) or 48.95.

AB526,114,6 (d) A prospective adoptive parent who knowingly fails to furnish information or who knowingly furnishes false information to an evaluator preparing an evaluation under s. 48.83 or 48.91 with the intent to deceive the evaluator may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,11 (e) An evaluator who prepares an evaluation under s. 48.83 or 48.91 and who knowingly omits or misrepresents any information about the individual being evaluated with the intent to deceive a person authorized under this subchapter to place a minor for adoption may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,14 (f) A parent of a minor who knowingly misidentifies the other parent with the intent to deceive the other parent, an agency or a prospective adoptive parent may be required to forfeit not more than $5,000.

AB526,114,18 (6) Unauthorized disclosure of information. (a) Except as authorized in this subchapter, a person who provides or retains a report or record under this subchapter may not disclose any identifying or nonidentifying information contained in the report or record.

AB526,114,23 (b) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of identifying information made confidential by this subchapter may be fined $10,000 or imprisoned for 9 months or both for the first offense and may be fined $10,000 or imprisoned for 2 years or both for any 2nd or later offense.

AB526,115,2 (c) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of nonidentifying information made confidential by this subchapter may be required to forfeit $5,000 for the first offense and may be required to forfeit $10,000 for any 2nd or later offense.

AB526,115,6 (d) A person who knowingly makes an unauthorized disclosure of identifying or nonidentifying information from a report or record made confidential by this subchapter may be required to forfeit $2,500 for the first offense and may be required to forfeit $5,000 for any 2nd or later offense.

AB526,115,10 (e) The court may enjoin from committing any further violations any person who makes or obtains an unauthorized disclosure of any identifying or nonidentifying information made confidential by this subchapter and shall inform any appropriate licensing authority or other official of the violation.

AB526,115,15 (f) In addition to the penalties provided in pars. (b) to (e), an individual who is the subject of any of the information contained in a report or record made confidential by this subchapter may maintain an action for damages or equitable relief against any person who makes or obtains, or who is likely to make or obtain, an unauthorized disclosure of that information.

AB526,115,18 (g) Identifying information contained in a report or record required by this subchapter to be kept confidential or sealed may not be disclosed under s. 19.35, 69.20, 69.21 or under any other law of this state.

AB526,115,23 48.97 Short title; uniformity of application and construction. This subchapter and ch. 882 may be cited as the "Uniform Adoption Act". This subchapter and ch. 882 shall be applied and construed to effectuate the general purpose of making uniform the law with respect to the subject of this subchapter and ch. 882 among the states enacting the Uniform Adoption Act.

AB526, s. 66 Section 66. Subchapter XX (title) of chapter 48 [precedes 48.973] of the statutes is repealed and recreated to read:

AB526,116,1 Chapter 48

AB526,116,3 Subchapter XX Miscellaneous provisions

AB526, s. 67 Section 67. 48.973 of the statutes is created to read:

AB526,116,10 48.973 Visitation rights of certain persons. (1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the parents of the child, have notice of the hearing and if the court determines all of the following:

AB526,116,11 (a) That visitation is in the best interest of the child.

AB526,116,13 (b) That the petitioner will not undermine the parents' relationship with the child.

AB526,116,16 (c) That the petitioner will not act in a manner that is contrary to parenting decisions made by the child's parents that are related to the child's physical, emotional, educational or spiritual welfare.

AB526,116,18 (2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child.

AB526,116,20 (3) This section applies to every child in this state who has been adopted by a stepparent or relative regardless of the date of the adoption.

AB526,116,24 (4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person.

AB526, s. 68 Section 68. 48.976 of the statutes is created to read:

AB526,117,3 48.976 Foreign adoption fees. (1) In this section, "foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under subchapter XIX.

AB526,117,6 (2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications required by state and federal law.

AB526,117,9 (3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents for adoptions that occur in a foreign country.

AB526, s. 69 Section 69. 48.979 of the statutes is created to read:

AB526,117,18 48.979 Appointment of guardian for child without a living parent for adoptability finding. (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.