AB526: Bill Text

AB526, s. 88 Section 88. 632.896 (1) (c) 2. of the statutes is repealed.

AB526, s. 89 Section 89. 632.896 (1) (c) 5. of the statutes is amended to read:

AB526,127,22 632.896 (1) (c) 5. A court of a foreign jurisdiction appoints the insured as guardian of a child who is a citizen of that jurisdiction, and the child arrives in the insured's home for the purpose of adoption by the insured under s. 48.839 48.92 or 48.94.

AB526, s. 90 Section 90. 785.05 of the statutes is amended to read:

AB526,128,3 785.05 Limitation on imprisonment. In any case in which the contempt of court is based upon interference with visitation rights granted under s. 48.925 (1) 48.973 (1), or upon failure to respond to a citation, summons or warrant under s. 345.28 or any other failure to pay or to appear in court for a nonmoving traffic violation, the court may not impose imprisonment as a sanction under this chapter.

AB526, s. 91 Section 91. 806.07 (3) of the statutes is amended to read:

AB526,128,10 806.07 (3) A motion under this section may not be made by an adoptive parent to relieve the adoptive parent from a judgment or order under s. 48.91 (3) 48.92 or 48.94 granting adoption of a child. A petition for termination of parental rights under s. 48.42 or 48.90 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adoptive child.

AB526, s. 92 Section 92. 808.04 (7) of the statutes is amended to read:

AB526,128,16 808.04 (7) An appeal by a party other than the state from a judgment or order granting adoption, or terminating or denying termination of parental rights under s. 48.90, shall be initiated by filing the notice required by s. 809.30 (2) (b) within 40 days of the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b), this time may not be enlarged.

AB526, s. 93 Section 93. Chapter 882 of the statutes is repealed and recreated to read:

AB526,128,20 Chapter 882 Adoption of adults and emancipated minors

AB526,128,22 882.01 Who may adopt adult or emancipated minor. (1) An adult may adopt another adult or an emancipated minor under this chapter, except as follows:

AB526,128,23 (a) An adult may not adopt his or her spouse.

AB526,128,25 (b) An incompetent person of any age may be adopted only in accordance with ss. 48.82 to 48.94.

AB526,129,3 (2) An individual who has adopted an adult or an emancipated minor may not adopt another adult or emancipated minor within one year after the adoption, unless the prospective adoptee is a sibling of the adoptee.

AB526,129,7 882.02 Legal consequences of adoption. The legal consequences of an adoption of an adult or emancipated minor are the same as those specified in s. 48.81 (3) to (6), except that the legal consequences of an adoption of an adult stepchild by an adult stepparent are the same as those specified in s. 48.94 (3).

AB526,129,9 882.03 Consent to adoption. (1) Consent to the adoption of an adult or an emancipated minor is required of only the following persons:

AB526,129,10 (a) The adoptee.

AB526,129,11 (b) The prospective adoptive parent.

AB526,129,15 (c) The spouse of the prospective adoptive parent, unless the prospective adoptive parent and his or her spouse are legally separated or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interest of the adoptee and the prospective adoptive parent.

AB526,129,17 (2) The consent of the adoptee and the prospective adoptive parent shall meet all of the following requirements:

AB526,129,20 (a) The consent shall be in writing and shall be signed or confirmed by the adoptee and the prospective adoptive parent in the presence of the court or an individual authorized to take acknowledgements.

AB526,129,23 (b) The consent shall state that the adoptee and the prospective adoptive parent agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship.

AB526,130,3 (c) The consent shall state that the adoptee and the proposed adoptive parent understand the consequences that the adoption may have on any right of inheritance, property or support that each has.

AB526,130,9 (3) The consent of the spouse of the prospective adoptive parent shall be in writing, shall be signed or confirmed in the presence of the court or an individual authorized to take acknowledgements, shall state that the spouse consents to the proposed adoption and understands the consequences that the adoption may have on any right of inheritance, property or support that the spouse has and may contain a waiver of notice of the proceeding for adoption.

AB526,130,13 882.04 Jurisdiction and venue. (1) The circuit court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this chapter if a petitioner has lived in this state for at least 90 days immediately preceding the filing of the petition for adoption.

AB526,130,15 (2) A petition for adoption under this chapter may be filed in the circuit court of the county in which a petitioner lives.

AB526,130,18 882.05 Petition for adoption. (1) A prospective adoptive parent and an adoptee petitioning for adoption under this chapter shall jointly file the petition for adoption.

AB526,130,20 (2) Each petitioner shall sign and verify a petition filed under this chapter. The petition shall state all of the following:

AB526,130,21 (a) The full name, age and place and duration of residence of each petitioner.

AB526,130,23 (b) The marital status of each petitioner, including the date and place of marriage, if married.

AB526,130,24 (c) The full name by which the adoptee is to be known if the petition is granted.

AB526,131,2 (d) The duration and nature of the relationship between the prospective adoptive parent and the adoptee.

AB526,131,5 (e) That the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship.

AB526,131,11 (f) That the adoptee understands that a consequence of the adoption will be to terminate the adoptee's relationship as the child of an existing parent, except that, if the adoptive parent is the adoptee's stepparent, the adoption will not affect the adoptee's relationship with a parent who is the stepparent's spouse, but will terminate the adoptee's relationship to the adoptee's other parent, except for the right of inheritance or intestate succession from or through that parent.

AB526,131,13 (g) The name and last-known address of any other individual whose consent to the adoption is required.

AB526,131,16 (h) The name, age and last-known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or by his or her spouse and the date and place of the adoption.

AB526,131,18 (i) The name, age and last-known address of any living parent or child of the adoptee.

AB526,131,19 (3) The petitioners shall attach all of the following documents to the petition:

AB526,131,21 (a) A certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available.

AB526,131,22 (b) Any required consent to the adoption that has been executed.

AB526,132,3 882.06 Notice and time of hearing. (1) No later than 30 days after the date on which a petition for adoption under this chapter is filed, the petitioners shall serve notice of the hearing on the petition on all individuals whose consent to the adoption is required under s. 882.03 (1), and who have not waived notice, by sending a copy of the petition and notice of hearing to those individuals at the addresses stated in the petition or by serving notice in the manner specified in s. 48.89 (3).

AB526,132,5 (2) The court shall set a date and time for hearing the petition, which must be at least 30 days after the date on which the notice is served.

AB526,132,11 882.07 Dispositional hearing. (1) Both petitioners shall appear in person at the hearing on the petition unless the court excuses a petitioner from appearing personally for good cause shown. If the personal appearance of one or both of the petitioners is excused, the excused petitioner may appear by an attorney authorized in writing to make the appearance, or the hearing may be conducted by telephone or some other electronic medium.

AB526,132,14 (2) The court shall examine the petitioners or the attorney for a petitioner who is not present in person and shall grant the petition for adoption if the court determines all of the following:

AB526,132,16 (a) That at least 30 days have elapsed since the date of service of the notice of the hearing on the petition for adoption.

AB526,132,19 (b) That notice of the hearing on the petition for adoption has been served or dispensed with as to any person whose consent to the adoption is required under s. 882.03 (1).

AB526,132,21 (c) That every necessary consent, waiver, document or judicial order has been obtained and filed with the court.

AB526,132,24 (d) That the adoption is for the purpose of creating the relationship of parent and child between the petitioners and that the petitioners understand the consequences of that relationship.

AB526,132,25 (e) That there has been substantial compliance with this chapter.

AB526,133,4 882.08 Decree of adoption. (1) A decree of adoption issued under this chapter shall substantially conform to the requirements of s. 48.92 (5) that are relevant to the adoption of an adult. Appeals from, and challenges to, a decree of adoption issued under this chapter are governed by s. 48.92 (6) and (7).

AB526,133,6 (2) The court shall send a copy of a decree of adoption issued under this chapter to each individual named in the petition at the address stated in the petition.

AB526,133,11 (3) Within 30 days after the date on which a decree of adoption issued under this chapter becomes final, the clerk of the court shall prepare a report of the adoption and send that report to the state registrar of vital statistics. If the petitioners so request, the report shall instruct the state registrar to issue a new birth certificate to the adoptee, as provided in s. 48.93 (2).

AB526, s. 94 Section 94. 938.368 (1) of the statutes is amended to read:

AB526,133,18 938.368 (1) If a petition for termination of parental rights is filed under s. 48.41 or, 48.415 or 48.90 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 938.355 or an extension order under s. 938.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

AB526, s. 95 Section 95. 948.24 of the statutes is repealed.

AB526, s. 96 Section 96. Nonstatutory provisions.

AB526,133,24 (1) Transitional provisions. A proceeding for adoption or a prosecution for a violation of section 948.24, 1997 stats., commenced before the effective date of this subsection may be completed under the law that was in effect when the proceeding or prosecution was commenced.

AB526,133,25 (End)