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Wisconsin's Adoption Laws

Adoption Records

Wisconsin

Statute: § 48.981(7)(a),(am),(b),(c),(cm),(cr)

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Parents/Guardians

• Coroners

• Review Teams

• Subject of Reports

• Public/Any Person

Persons without access to records

Employers

• Treatment Providers

Other Tribal agencies/courts Foster parents Court Appointed Special Advocates Licensed child welfare agencies Department of Corrections Public disclosure in child fatality or near fatality cases


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


Consent to Adoption

A birth mother may sign a consent any time after the birth of the child, however she must affirm her consent to the adoption before a judge. This hearing usually occurs 14-30 days after the birth. The court will then officially terminate her parental rights.

Pre-consents are not allowed in the state of Wisconsin.

Revocation Time Frame in Wisconsin

The consent is irrevocable once the birth mother appears in court (14-30 days after birth). So, there is a revocation period until she goes to court.


Parties to an Adoption

Wisconsin

Who May Adopt

Statute: § 48.82

A resident of the State

A husband and wife jointly

A stepparent

An unmarried adult

Who May Be Adopted

Statute: § 48.81

Any child present in the State who is free for adoption, as defined in this section

Who May Place a Child for Adoption

Statute: §§ 48.837; 48.833

A parent having custody of the child

The department

A licensed child-placing agency


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


Birth Father Statutes

No information currently available.


Adoption Expenses

Wisconsin

Birth Parent Expenses Allowed Statute: § 48.913(1)

  1. • Preadoptive and postadoptive counseling for the birth parents or an alleged or presumed father
  2. • Maternity clothes, not to exceed a reasonable amount
  3. • Local transportation expenses
  4. • Medical and hospital care received by the birth mother and the child
  5. • Legal services
  6. • Living expenses up to $1,000 when necessary to protect the health and welfare of mother or fetus
  7. • Birthing classes
  8. • A gift to the mother, not to exceed $50 in value

Birth Parent Expenses Not Allowed Statute: § 48.913(1), (4)

  1. • Medical and hospital care does not include lost wages or living expenses while receiving medical care.
  2. • Any payments other than those specifically authorized by statute are prohibited.

Allowable Payments for Arranging Adoption Statute: § 948.24

 It is illegal for a person to offer anything of value to solicit, negotiate, or arrange the placement of a child for adoption, except under § 48.833.

Allowable Payments for Relinquishing Child Statute: §§ 948.24; 48.837

  1. • It is unlawful to place or agree to place a child for anything other than the actual cost of the items authorized in § 48.913.
  2. • Making any payment to a birth parent conditional upon the surrender of the child is considered coercion and grounds to dismiss the petition to adopt.

Allowable Fees Charged by Department/Agency Statute: §§ 48.913(1); 48.838

  1. • Fees may be charged for services provided or investigations completed.
  2. • The department may charge a fee of $75 to review foreign adoption documents and provide the certification and approval required by State and Federal law.

Accounting of Expenses Required by Court Statute: § 48.913(6), (7) 

A report shall be submitted to the court at the time of the hearing that provides a list of all transfers of value made or agreed to be made to the birth parents or any other person in connection with the adoption.


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


International Expenses

No information currently available.


General Adoption Statutes

Wisconsin

Agency or Person Gathering Information or Preparing Report Statute: § 48.88

Child placement agency (public or private)

Contents of Report About Person to be Adopted Statute: §§ 48.93; 48.425

  1. Medical record
  2. • Social and genetic history
  3. • Details of prenatal care and condition at birth
  4. • Investigation to determine if child is proper subject for adoption

Contents of Report About Birth Parents Statute: §§ 48.93; 48.425

  1. Medical and genetic history
  2. • Report of any medical examinations
  3. • Non-identifying social history

Contents of Report About Adoptive Parents Statute: § 48.88 Suitability


© This information is from the National Adoption Information Clearinghouse. If you would like to contact the NAIC, you can email them at naic@caliber.com.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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