48.839 History
History: 1981 c. 81;
1985 a. 176.
48.841
48.841
Persons required to file recommendation as to adoption. 48.841(1)(1) No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as set forth in
s. 48.85.
48.841(2)
(2) If the guardian refuses or neglects to file its recommendation within the time specified in
s. 48.85, the court may proceed as though the guardian had filed a favorable recommendation.
48.85
48.85
Recommendation of guardian. 48.85(1)
(1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court.
48.85(2)
(2) The guardian's recommendation shall be presumed to be in the best interests of the child unless the fair preponderance of the credible evidence is to the contrary. If the guardian's recommendation is in opposition to the granting of the petition, the court shall take testimony as to whether or not the proposed adoption is in the best interests of the child.
48.85(3)
(3) At the conclusion of the hearing, the court shall enter its order in accordance with
s. 48.91 (3).
48.85 History
History: 1973 c. 263.
48.871
48.871
Filing of recommendation by guardian. In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents' rights have been judicially terminated, this evidence shall be a certified copy of the order terminating their rights and appointing the guardian. In other cases of a guardian appointed by a court, this evidence shall be a certified copy of the order appointing it guardian. In the case of a guardian having the authority to consent or file its recommendation under an instrument other than a court order, valid under the laws of another state, that instrument shall serve as evidence of the authority to consent or file its recommendation.
48.88
48.88
Notice of hearing; investigation. 48.88(1)
(1) In this section, unless otherwise qualified, "agency" means any public or private entity except an individual.
48.88(1m)
(1m) Upon the filing of a petition for adoption, the court shall schedule a hearing within 90 days of the filing. Notice of the hearing shall be mailed, not later than 3 days from the date of the order for hearing and investigation, to the guardian of the child, if any, to the agency making the investigation under
sub. (2), to the department when its recommendation is required by
s. 48.89 and to the child if the child is 12 years of age or over.
48.88(2)(a)(a) Except as provided under
par. (c), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the investigation:
48.88(2)(a)1.
1. If an agency has guardianship of the child, the guardianship agency, unless the agency has already filed its recommendation under
s. 48.85 and has filed with the recommendation a report of an investigation as required under this paragraph.
48.88(2)(a)2.
2. If no agency has guardianship of the child and a relative other than a stepparent has filed the petition for adoption, the department, a county department under
s. 48.57 (1) (e) or
(hm) or a licensed child welfare agency.
48.88(2)(a)4.
4. If the child is a citizen of a foreign jurisdiction and is under the guardianship of an individual, the agency which conducted the home study required under federal law prior to the child's entry into the United States.
48.88(2)(b)
(b) The agency making the investigation shall file its report with the court at least 10 days before the hearing unless the time is reduced for good cause shown by the petitioner. The report shall be part of the record of the proceedings.
48.88(2)(c)
(c) If a stepparent has filed a petition for adoption and no agency has guardianship of the child, the court shall order a county department or, with the consent of the department or a licensed child welfare agency, order the department or the child welfare agency to conduct a screening, consisting of no more than one interview with the petitioner and a check of the petitioner's background through public records, including records maintained by the department or any county department under
s. 48.981. The department, county department or child welfare agency that conducts the screening shall file a report of the screening with the court within 30 days. After reviewing the report, the court may proceed to act on the petition, may order the county department to conduct an investigation as described under
par. (a) (intro.) or may order the department or a licensed child welfare agency to make the investigation if the department or child welfare agency consents.
48.88(3)
(3) If the report of the investigation is unfavorable or if it discloses a situation which, in the opinion of the court, raises a serious question as to the suitability of the proposed adoption, the court may appoint a guardian ad litem for the minor whose adoption is proposed. The guardian ad litem may have witnesses subpoenaed and present proof at the hearing.
48.89
48.89
Recommendation of the department. 48.89(1)
(1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under
s. 48.57 (1) (e) or
(hm) or a child welfare agency under
s. 48.61 (5).
48.89(2)
(2) The department shall make its recommendation to the court at least 10 days before the hearing unless the time is extended by the court. The recommendation shall be part of the record of the proceedings.
48.89(3)
(3) The recommendation of the department shall not be required if the recommendation of the department, a licensed child welfare agency or a county department under
s. 48.57 (1) (e) or
(hm) is required by
s. 48.841, if a report of an investigation by the department, a county department under
s. 48.57 (1) (e) or
(hm) or a licensed child welfare agency is required by
s. 48.88 (2) (a) 2. or if one of the petitioners is a relative of the child.
48.90
48.90
Filing of adoption petition; preadoption residence. 48.90(1)(1) A petition for adoption may be filed at any time if:
48.90(1)(a)
(a) One of the petitioners is a relative of the child by blood, excluding parents whose parental rights have been terminated and persons whose relationship to the child is derived through such parents.
48.90(1)(b)
(b) The petitioner is the child's stepparent.
48.90(1)(c)
(c) The petition is accompanied by a written approval of the guardian.
48.90(1)(d)
(d) The petitioner is the proposed adoptive parent with whom the child has been placed under
s. 48.839.
48.90(2)
(2) Except as provided under
sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more.
48.90(3)
(3) No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements.
48.90 Annotation
Once administrative proceedings have commenced under 48.64 and the person with whom the child had been placed is seeking a review of the removal order, a children's court has no jurisdiction of an attempted adoption. Adoption of Shawn, 65 W (2d) 190, 222 NW (2d) 139.
48.90 Annotation
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under sub. (1) (a) had no standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.91
48.91
Hearing; order. 48.91(1)(1) The hearing may be in chambers unless an interested person objects. The petitioner and the minor to be adopted, if 14 or older, shall attend unless the court orders otherwise.
48.91(2)
(2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under
s. 48.025 have been determined or whether paternity has been adjudicated in this state or in another jurisdiction. If the court finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under
s. 48.025.
48.91(3)
(3) If after the hearing and a study of the report required by
s. 48.88 and the recommendation required by
s. 48.841 or
48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. The order may change the name of the minor to that requested by petitioners.
48.91 Annotation
Meaning of "best interests of the child" discussed. Adoption of Tachick, 60 W (2d) 540, 210 NW (2d) 865.
48.915
48.915
Adoption appeals given preference. An appeal from a judgment granting or denying an adoption shall be given preference.
48.915 History
History: 1987 a. 383;
1993 a. 395 s.
30; Stats. 1993 s. 48.915.
48.92
48.92
Effect of adoption. 48.92(1)(1) After the order of adoption is entered the relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent thereafter exists between the adopted person and the adoptive parents.
48.92(2)
(2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adoptive person's birth parents, unless the birth parent is the spouse of the adoptive parent, shall be completely altered and all the rights, duties and other legal consequences of the relationship shall cease to exist. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under
s. 48.925.
48.92(3)
(3) Rights of inheritance by, from and through an adopted child are governed by
s. 851.51.
48.92(4)
(4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under
s. 48.48 (12).
48.92 Annotation
A valid adoption of petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit as a nephew. Estate of Komarr, 68 W (2d) 473, 228 NW (2d) 681.
48.92 Annotation
See note to 767.245, citing In re Marriage of Soergel, 154 W (2d) 564, 453 NW (2d) 624 (1990).
48.92 Annotation
Adoption of child of deceased parent does not terminate deceased parent's parents' grandparental visitation rights under 880.115. Grandparental Visitation of C.G.F., 168 W (2d) 62, 483 NW (2d) 803 (1992).
48.92 Annotation
Except in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent's nonmarital partner from adopting the birth parent's child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Interest of Angel Lace M. 184 W (2d) 492, 516 NW (2d) 678 (1994).
48.925
48.925
Visitation rights of certain persons. 48.925(1)
(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 adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:
48.925(1)(a)
(a) That visitation is in the best interest of the child.
48.925(1)(b)
(b) That the petitioner will not undermine the adoptive parent's or parents' relationship with the child or, if a birth parent is the spouse of an adoptive parent, the adoptive parent's and birth parent's relationship with the child.
48.925(1)(c)
(c) That the petitioner will not act in a manner that is contrary to parenting decisions that are related to the child's physical, emotional, educational or spiritual welfare and that are made by the adoptive parent or parents or, if a birth parent is the spouse of an adoptive parent, by the adoptive parent and birth parent.
48.925(2)
(2) Whenever possible, in making a determination under
sub. (1), the court shall consider the wishes of the adopted child.
48.925(3)
(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.
48.925(4)
(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.
48.925 History
History: 1991 a. 191.
48.925 Annotation
Grandparents' Visitation Rights Following Adoption: Expanding Traditional Boundaries in Wisconsin. Hintz. 1994 WLR 484.
48.925 Annotation
Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992.
48.925 Annotation
The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992.
48.93
48.93
Records closed. 48.93(1d)
(1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under
sub. (1g) or
(1r),
s. 46.03 (29),
48.432,
48.433 or
48.57 (1) (j), or by order of the court for good cause shown.
48.93(1g)
(1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child's medical record under
s. 48.425 (1) (am) or with any information provided to the court under
s. 48.422 (9) or
48.425 (2), after deleting the names and addresses of the child's birth parents and the identity of any provider of health care to the child or the child's birth parents.
48.93(1r)
(1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18, provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee's birth parents which it has on file and with nonidentifying social history information about the adoptee's family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee's birth parents. The agency may charge a requester a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under
s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency.
48.93(2)
(2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized to place children for adoption shall be transferred to the department and placed in its closed files.
48.93 Annotation
Adoption records reform: Impact on adoptees. 67 MLR 110 (1983).
48.94
48.94
New birth certificate. After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital statistics and furnish any additional data needed for the new birth certificate. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth certificate for the person adopted be not changed, then the court shall so order. In such event no new birth certificate shall be filed by the state registrar of vital statistics, notwithstanding the provisions of
s. 69.15 (2) or any other law of this state.
48.95
48.95
Withdrawal or denial of petition. Except as provided under
s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and
ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under
s. 48.57 (1) (e) or
(hm), the minor shall remain in the legal custody of the guardian.
48.96
48.96
Subsequent adoption. The adoption of an adopted person is authorized and, in that case, the references to parent and birth parent are to adoptive parent.
48.96 History
History: 1981 c. 359 s.
16.
48.97
48.97
Adoption orders of other jurisdictions. When the relationship of parent and child has been created by an order of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined by
s. 48.92. If the adoptive parents were residents of this state at the time of the foreign adoption, the preceding sentence applies only if the department has approved the placement. A child whose adoption would otherwise be valid under this section may be readopted in accordance with this chapter.
48.975
48.975
Adoption assistance. 48.975(1)(1)
Definition. In this section, "adoption assistance" means payments by the department to the adoptive or proposed adoptive parents of a child which are designed to assist in the cost of care of that child after an agreement under
sub. (4) has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents.
48.975(2)
(2) Applicability. The department may provide adoption assistance only when it has determined that such assistance is necessary to assure the child's adoption.
48.975(3)
(3) Types. The department may provide adoption assistance for maintenance, medical care or nonrecurring adoption expenses, or for any combination of those types of adoption assistance, according to the following criteria:
48.975(3)(a)
(a)
Maintenance. For support of a child who was in foster care or treatment foster care immediately prior to adoption, the adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or treatment foster care payment. For support of a child not in foster care or treatment foster care immediately prior to placement with a subsidy, the adoption assistance for maintenance shall be equivalent to the uniform foster care rate.
