How Do I Adopt a Step-daughter in Wisconsin?
Full Question:
Answer:
Please see the following WI statutes to determine applicability:
48.81 Who may be adopted.
Any child who is present in this state at the time the petition for
adoption is filed may be adopted if any of the following criteria are
met:
(1) Both of the child's parents are deceased.
(2) The parental rights of both of the child's parents with respect to
the child have been terminated under subch. VIII or in another state or
a foreign jurisdiction.
(3) The parental rights of one of the child's parents with respect to
the child have been terminated under subch. VIII or in another state or
a foreign jurisdiction and the child's other parent is deceased.
(4) The person filing the petition for adoption is the spouse of the
child's parent with whom the child and the child's parent reside and
either of the following applies:
(a) The child's other parent is deceased.
(b) The parental rights of the child's other parent with respect to
the child have been terminated under subch. VIII or in another state or
a foreign jurisdiction.
(5) Section 48.839 (3) (b) applies.
(6) The child is being readopted under s. 48.97.
48.82 Who may adopt.
(1) The following persons are eligible to adopt a minor if they are
residents of this state:
(a) A husband and wife jointly, or either the husband or wife if the
other spouse is a parent of the minor.
(b) An unmarried adult.
(3) When practicable and if requested by the birth parent, the
adoptive parents shall be of the same religious faith as the birth
parents of the person to be adopted.
(4) No person may be denied the benefits of this subchapter because of
a religious belief in the use of spiritual means through prayer for
healing.
(5) Although otherwise qualified, no person shall be denied the
benefits of this section because the person is deaf, blind or has other
physical handicaps.
(6) No otherwise qualified person may be denied the benefits of this
subchapter because of his or her race, color, ancestry or national
origin.
48.83 Jurisdiction and venue.
(1) The court of the county where the proposed adoptive parent or
child resides, upon the filing of a petition for adoption or for the
adoptive placement of a child, has jurisdiction over the child until
the petition is withdrawn, denied or granted. Venue shall be in the
county where the proposed adoptive parent or child resides at the time
the petition is filed. The court may transfer the case to a court in
the county in which the proposed adoptive parents reside.
(2) If the adoption is denied, jurisdiction over the child shall
immediately revert to the court which appointed the guardian, unless
the appointing court is a court of another state or foreign
jurisdiction, in which case the court of the county where the child is
shall have jurisdiction.
48.835 Placement of children with relatives for adoption.
(1) Definition. In this section and s. 48.837, "custody" means
physical custody of a child by the child's parent not in violation of a
custody order issued by a court. "Custody" does not include physical
custody of a child during a period of physical placement with a parent
who does not have legal custody of the child.
(2) Adoptive placement. A parent having custody of a child may place
the child for adoption in the home of a relative of the child without a
court order.
(3) Petition for termination of parental rights required; exception.
(a) If the child's parent has not filed a petition for the termination
of parental rights under s. 48.42, the relative with whom the child is
placed shall file a petition for the termination of the parents' rights
at the same time the petition for adoption is filed, except as provided
under par. (b).
(b) If the person filing the adoption petition is a stepparent with
whom the child and the child's parent reside, the stepparent shall file
only a petition to terminate the parental rights of the parent who does
not have custody of the child.
(4) Hearings. Notwithstanding s. 48.90 (1) (a), the court may hold the
hearing on the adoption petition immediately after entering the order
to terminate parental rights under s. 48.427 (3).
48.841 Persons required to file recommendation as to
adoption.
(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.
(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 Recommendation of guardian.
(1) At least 10 days prior to the hearing, the guardian shall file
its recommendation with the court.
(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.
(3) At the conclusion of the hearing, the court shall enter its order
in accordance with s. 48.91 (3).
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 Notice of hearing; investigation.
(1) In this section, unless otherwise qualified, "agency" means any
public or private entity except an individual.
(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.
(2) (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:
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.
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.
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.
(am) 1. If the petitioner was required to obtain an initial license to
operate a foster home or treatment foster home before placement of the
child for adoption or relicensure after a break in licensure, the
agency making the investigation shall obtain a criminal history search
from the records maintained by the department of justice and request
under 42 USC 16962 (b) a fingerprint-based check of the national crime
information databases, as defined in 28 USC 534 (f) (3) (A), with
respect to the petitioner. The agency may release any information
obtained under this subdivision only as permitted under 42 USC 16962
(e). In the case of a child on whose behalf adoption assistance
payments will be provided under s. 48.975, if the petitioner has been
convicted of any of the offenses specified in s. 48.685 (5) (bm) 1. to
4., the agency may not report that the petitioner's home is suitable
for the child.
2. If the petitioner was required to obtain a license to operate a
foster home or treatment foster home before placement of the child for
adoption, the agency making the investigation shall obtain information
maintained by the department regarding any substantiated reports of
child abuse or neglect against the petitioner and any other adult
residing in the petitioner's home. If the petitioner or other adult
residing in the petitioner's home is not, or at any time within the 5
years preceding the date of the search has not been, a resident of this
state, the agency shall check any child abuse or neglect registry
maintained by any state or other U.S. jurisdiction in which the
petitioner or other adult is a resident or was a resident within those
5 years for information that is equivalent to the information
maintained by the department regarding substantiated reports of child
abuse or neglect. The agency may not use any information obtained under
this subdivision for any purpose other than a background search under
this subdivision.
(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.
(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.
(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 Recommendation of the department.
(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).
(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.
(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 Filing of adoption petition; preadoption residence.
(1) A petition for adoption may be filed at any time if:
(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.
(b) The petitioner is the child's stepparent.
(c) The petition is accompanied by a written approval of the guardian.
(d) The petitioner is the proposed adoptive parent with whom the child
has been placed under s. 48.839.
(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.
(3) No petition for adoption may be filed unless the petitioners have
complied with all applicable provisions of this chapter relating to
adoptive placements.
48.91 Hearing; order.
(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.
(2) In an adoption proceeding for a nonmarital child who is not
adopted or whose parents do not subsequently intermarry under
s. 767.803, the court shall establish whether the child's paternity has
been acknowledged under s. 767.805 or a substantially similar law of
another state or adjudicated in this state or in another jurisdiction.
If the child's paternity has not been acknowledged or adjudicated, the
court shall attempt to ascertain the paternity of the child and shall
determine the rights of any person who may be the father of the child
as provided under s. 48.423. The court may not proceed with the
hearing on the petition for adoption unless the parental rights of the
nonpetitioning parent, whether known or unknown, have been terminated.
(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.
