2021 WISCONSIN ACT 150
An Act to amend 48.433 (4), 48.433 (5) (intro.), 48.433 (6) (a), 48.433 (7) (a) (intro.), 48.433 (8) (a) and 48.433 (8) (b); and to create 48.433 (8g) of the statutes; relating to: access to a deceased adoptee's original birth certificate and information about birth parents by an adult child of the adoptee.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
150,1
Section
1. 48.433 (4) of the statutes is amended to read:
48.433 (4) Before acting on the
a request under sub. (3), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification.
150,2
Section
2. 48.433 (5) (intro.) of the statutes is amended to read:
48.433 (5) (intro.) The department, or agency contracted with under sub. (11), shall disclose the requested information under sub. (3) in either of the following circumstances:
150,3
Section
3. 48.433 (6) (a) of the statutes is amended to read:
48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request under sub. (3), undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.
150,4
Section
4. 48.433 (7) (a) (intro.) of the statutes is amended to read:
48.433 (7) (a) (intro.) The department or agency conducting the search under sub. (6) shall, upon locating a birth parent, make at least one verbal contact and notify him or her of the following:
150,5
Section
5. 48.433 (8) (a) of the statutes is amended to read:
48.433 (8) (a) If a birth parent of a requester under sub. (3) is known to be deceased, the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency shall provide the requester with the identity of the deceased parent. If both birth parents are known to be deceased, the department or agency shall provide the requester with his or her original birth certificate. If only one birth parent is known to be deceased, the department or agency shall provide the requester with his or her original birth certificate and any available information it has on file regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).
150,6
Section
6. 48.433 (8) (b) of the statutes is amended to read:
48.433 (8) (b) If a birth parent of a requester under sub. (3) is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.
150,7
Section
7. 48.433 (8g) of the statutes is created to read:
48.433 (8g) (a) In this subsection, “offspring” means an adult who is the child of a person whose birth parents' parental rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.
(b) Subject to par. (c), an offspring may request the department, or agency contracted with under sub. (11), to provide the offspring with the following:
1. The original birth certificate of the offspring's parent.
2. Any available information regarding the identity of the birth parents of the offspring's parent.
(c) Before acting on a request under par. (b), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification of himself or herself and documentation of his or her relationship to the deceased parent.
(d) The department, or agency contracted with under sub. (11), shall disclose the information requested under par. (b) if the offspring's parent and both birth parents of the offspring's parent are deceased.
