AB526: Bill Text

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)