Wisconsin Relinquishment, Consent, Revocation laws

Who Must Consent:

• A parent may consent to a voluntary termination of parental rights.
  
• A petition may also be filed by an agency or other authorized person.
  
  

Consent of Adoptee:

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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:

• 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 Relinquishment Can Be Signed:

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 Relinquishment Must Be Signed:

• 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.
  
  

Time for Revocation:

• 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.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.