Consent to Adoption
State-Specific Search Results

Wisconsin

Who May Adopt

Statute:
§§ 48.41; 48.42
A parent may consent to a voluntary termination of parental rights.
A petition may also be filed by an agency or other authorized person.

Age When Consent of Adoptee is Considered or Required

Statute:
Not addressed in statutes reviewed, but see § 48.837
Any child age 12 or older is required to attend the hearing pertaining to his adoptive placement.


When Parental Consent is not Needed

Statute:
§ 48.415
Parental rights have been terminated due to failure of parents to assume responsibility.
There has been abandonment of the child.

There is continuing parental disability.

There has been child abuse.

Causing child to be conceived as a result of incest or sexual assault.

Homicide of a parent.


When Consent Can Be Executed

Statute:
§ 48.837
A hearing is held within 30 days of the filing of a petition for voluntary termination of parental rights, but not before the birth of the child.


How Consent Must Be Executed

Statute:
§ 48.41
Consent is given in court after the judge explains the effect of termination of rights and is satisfied that consent is informed and voluntary.
Personal appearance may be waived and written consents accepted if it is impossible or difficult for parent to appear.


Revocation of Consent

Statute:
§ 48.46
Generally consents are irrevocable, but a parent who has consented to termination may within one year petition for relief on grounds given in § 806.07(1), i.e., mistake, newly-discovered evidence, fraud, misrepresentation, or misconduct; see statute for detailed exceptions to the one year provision.
An adoptive parent who wishes to terminate parental rights with respect to his or her adopted child must petition to terminate parental rights under § 48.42 or appeal the order granting adoption.