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 the department, in a county having a population of 500,000 or more, or a county department or, with the consent of the department in a county having a population of less than 500,000 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 department in a county having a population of 500,000 or more or the county department to conduct an investigation as described under
par. (a) (intro.) or may order the department in a county having a population of less than 500,000 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 or by adoption, 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 s. 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 Wis. 2d 190,
222 N.W.2d 139 (1974).
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 Wis. 2d 424,
501 N.W.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 acknowledged under
s. 767.62 (1) or a substantially similar law of another state or 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.
48.913
48.913
Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child. 48.913(1)(1)
Payments allowed. The proposed adoptive parents of a child, or a person acting on behalf of the proposed adoptive parents, may pay the actual cost of any of the following:
48.913(1)(a)
(a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father of the child.
48.913(1)(b)
(b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father of the child.
48.913(1)(c)
(c) Maternity clothes for the child's birth mother, not to exceed a reasonable amount.
48.913(1)(d)
(d) Local transportation expenses of a birth parent of the child that are related to the pregnancy or adoption.
48.913(1)(e)
(e) Services provided by a licensed child welfare agency in connection with the adoption.
48.913(1)(f)
(f) Medical and hospital care received by the child's birth mother in connection with the pregnancy or birth of the child. Medical and hospital care does not include lost wages or living expenses.
48.913(1)(g)
(g) Medical and hospital care received by the child.
48.913(1)(h)
(h) Legal and other services received by a birth parent of the child, an alleged or presumed father of the child or the child in connection with the adoption.
48.913(1)(i)
(i) Living expenses of the child's birth mother, in an amount not to exceed $1,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus.
48.913(1)(j)
(j) Any investigation ordered under
s. 48.837 (4) (c), according to a fee schedule established by the department based on ability to pay.
48.913(1)(m)
(m) A gift to the child's birth mother from the proposed adoptive parents, of no greater than $50 in value.
48.913(2)
(2) Payment of expenses when birth parent is residing in another state. Notwithstanding
sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father of the child if the birth parent or the alleged or presumed father was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:
48.913(2)(a)
(a) The child was placed for adoption in this state in accordance with
s. 48.988.
48.913(2)(b)
(b) The state in which the birth parent or the alleged or presumed father was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.
48.913(2)(c)
(c) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father by the proposed adoptive parents of the child is submitted to the court as follows:
48.913(2)(c)1.
1. With the report under
sub. (6), if the parental rights of either birth parent of the child are terminated in this state.
48.913(2)(c)2.
2. With a petition under
s. 48.837 (2), if the parental rights of both birth parents of the child are terminated in another state and the child is placed for adoption under
s. 48.837 (2).
48.913(2)(c)3.
3. With a petition under
s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under
s. 48.833.
48.913(3)
(3) Method of payment. Any payment under
sub. (1) or
(2) shall be made directly to the provider of a good or service except that a payment under
sub. (1) or
(2) may be made to a birth parent of the child or to an alleged or presumed father of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father if documentation is provided showing that the birth parent or alleged or presumed father has made the previous payment.
48.913(4)
(4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child except as provided in
subs. (1) and
(2).
48.913(5)
(5) Payments after finalization of adoption. The adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may make a payment that is authorized under
subs. (1) and
(2) after finalization of the adoption, if the payment is included in the report under
sub. (6) or an amendment to that report filed with the court.
48.913(6)
(6) Report to the court; when required. A report containing the information specified in
sub. (7) shall be provided to the court at the time of the hearing on the petition for adoptive placement under
s. 48.837 (2) or upon the order of the court under
s. 48.422 (7) (bm).
48.913(7)
(7) Report to the court; contents required. The report required under
sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father of the child or the child, on behalf of a birth parent of the child, an alleged or presumed father of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents.
48.913(8)
(8) Adoption of foreign children and adoption by relatives of the child. This section does not apply to an adoptive or proposed adoptive parent of a child with whom the child has been placed under
s. 48.839 or to an adoptive or proposed adoptive parent of a child who is a relative of the child.
48.913 History
History: 1997 a. 104.
48.913 Note
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
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 adopted 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
ss. 854.20 and
854.21.
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 the 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 Wis. 2d 473,
228 N.W.2d 681 (1975).
48.92 Annotation
Biological grandparents had no right to visitation following termination of their son's parental rights and adoption by the child's stepfather. In re Marriage of Soergel,
154 Wis. 2d 564,
453 N.W.2d 624 (1990).
48.92 Annotation
Adoption of the child of a deceased parent does not terminate the decedent's parents' grandparental visitation rights under s. 880.115. Grandparental Visitation of C.G.F.,
168 Wis. 2d 62,
483 N.W.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 Wis. 2d 492,
516 N.W.2d 678 (1994).
48.92 Annotation
Adoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents' rights to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin and Carol W. v. DHFS,
221 Wis. 2d 36,
584 N.W.2d 195 (Ct. App. 1998).
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, subject to
subs. (1m) and
(2), 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.
