This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1085,1 1Section 1. 48.43 (2) (intro.) of the statutes is amended to read:
AB1085,2,52 48.43 (2) (intro.) An order terminating parental rights permanently severs all
3legal rights and duties between the parent whose parental rights are terminated and
4the child and between the child and all persons whose relationship to the child is
5derived through that parent, except as provided under s. 48.46 (4) and as follows:
AB1085,2 6Section 2. 48.43 (6) (c) of the statutes is amended to read:
AB1085,2,127 48.43 (6) (c) Except as provided in s. 48.028 (5) (c) and (6) or 48.46 (4), in no
8event may any person, for any reason, collaterally attack a judgment terminating
9parental rights more than one year after the date on which the period for filing an
10appeal from the judgment has expired, or more than one year after the date on which
11all appeals from the judgment, if any were filed, have been decided, whichever is
12later.
AB1085,3 13Section 3. 48.46 (4) of the statutes is created to read:
AB1085,3,614 48.46 (4) (a) Notwithstanding subs. (1) to (3), an adult adoptee who was
15adopted by a stepparent and the adult adoptee's parent whose parental rights have
16been terminated may file a petition to rescind the adoption and reinstate parental

1rights. If an adult adoptee's parent whose rights have been terminated is deceased,
2the adult adoptee who was adopted by a stepparent may file a petition individually
3under this section. The petition in either case shall be filed with the court of the
4county in which the adoption by the stepparent was granted. This section applies
5to an adult adoptee who was adopted by a stepparent regardless of whether the
6adoptee was a minor at the time of adoption.
AB1085,3,77 (b) The rescission petition shall contain the following information:
AB1085,3,128 1. The present name of the petitioner or petitioners, the name of the adoptee
9at the time of birth and immediately after an adoption if different from the adoptee's
10present name, the name of the parent at the time of termination of parental rights,
11the date and place of the adoptee's birth, and the present place of residence of each
12petitioner.
AB1085,3,1413 2. The name, date, place of birth, and address of the parent whose rights were
14not terminated and whose spouse adopted the adoptee, if known.
AB1085,3,1715 3. The name of the stepparent at the time of the order of adoption, including
16any previous names used by the stepparent if applicable and, if known, the
17stepparent's date and place of birth.
AB1085,3,2018 (c) Before the hearing on the petition by the court under par. (d), the petitioner
19or petitioners shall file with the court a copy of the the adult adoptee's new birth
20record if a new record was created at the time of adoption.
AB1085,4,421 (d) Upon receipt of a petition under this subsection, the court shall conduct a
22hearing after notice is served by the petitioner or petitioners on the interested
23parties. Extrinsic evidence may be used to construe the intent of the parent whose
24rights were terminated if that parent is deceased. The court may order an
25investigation by an employee or agent of the court. If the court determines that it

1is in the best interests of the persons involved, the court may enter an order of
2rescission of the adoption that restores the parental rights of the parent whose rights
3were terminated. The rescission of an adoption shall be effective from the date of the
4order of rescission.
AB1085,4,105 (e) After entry of an order granting a petition under this subsection, the clerk
6of the court shall promptly provide a copy to each petitioner, and if requested by the
7adult adoptee, provide a copy to the state bureau of vital records and furnish any
8additional data needed for the state registrar to issue a new birth record restoring
9the information from an adoptee's original birth record as set forth under s. 69.15 (2)
10(d) 4.
AB1085,4 11Section 4. 48.92 (1) and (2) of the statutes are amended to read:
AB1085,4,1512 48.92 (1) After Except as otherwise provided under ss. 48.46 (4) and 854.20 (3),
13after
the order of adoption is entered the relation of parent and child and all the
14rights, duties and other legal consequences of the natural relation of child and parent
15thereafter exists between the adopted person and the adoptive parents.
AB1085,5,3 16(2) After Except as otherwise provided under ss. 48.46 (4) and 854.20 (3), after
17the order of adoption is entered the relationship of parent and child between the
18adopted person and the adopted person's birth parents and the relationship between
19the adopted person and all persons whose relationship to the adopted person is
20derived through those birth parents shall be completely altered and all the rights,
21duties, and other legal consequences of those relationships shall cease to exist,
22unless the birth parent is the spouse of the adoptive parent, in which case those
23relationships shall be completely altered and those rights, duties, and other legal
24consequences shall cease to exist only with respect to the birth parent who is not the
25spouse of the adoptive parent and all persons whose relationship to the adopted

1person is derived through that birth parent. Notwithstanding the extinction of all
2parental rights under this subsection, a court may order reasonable visitation under
3s. 48.925.
AB1085,5 4Section 5. 48.94 (2) (intro.) of the statutes is amended to read:
AB1085,5,105 48.94 (2) (intro.) If the court issues an order under s. 69.15 (2) (d) to restore the
6information from an adoptee's original birth record, the state registrar shall issue a
7new birth certificate containing the information from the adoptee's original birth
8record, except for the adoptee's given name at birth, if different. The restoration of
9any birth parent's name on the adoptee's birth record does not in and of itself do any
10of the following:
AB1085,6 11Section 6. 69.15 (2) (d) 4. of the statutes is created to read:
AB1085,5,2012 69.15 (2) (d) 4. Regardless of whether the subject had the opportunity under
13par. (a), at the time of the adoption, to request that no new birth record be prepared,
14as set forth under subd. 1. c., a court may order the state registrar to prepare for the
15subject of a birth record a new birth record based on the information on the subject's
16original birth record as provided under this paragraph if the subject is an adult
17adoptee who was adopted by a stepparent and a court has ordered rescission of the
18adoption by the stepparent and restoration of parental rights under s. 48.46 (4) or
19a similar law of another state, Canada, or any federally recognized Indian tribe,
20band, or nation.
AB1085,7 21Section 7. 854.20 (1) (a) of the statutes is amended to read:
AB1085,6,222 854.20 (1) (a) Subject to par. (b) and sub. subs. (3) and (5), a legally adopted
23person is treated as a birth child of the person's adoptive parents and the adoptive
24parents are treated as the birth parents of the adopted person for purposes of
25transfers at death to, through, and from the adopted person and for purposes of any

1statute or other rule conferring rights upon children, issue, or relatives in connection
2with the law of intestate succession or governing instruments.
AB1085,8 3Section 8. 854.20 (2) (am) (intro.) of the statutes is amended to read:
AB1085,6,74 854.20 (2) (am) (intro.) Subject to sub. subs. (3) and (5), a legally adopted person
5ceases to be treated as a child of the person's birth parents and the birth parents cease
6to be treated as the parents of the child for the purposes specified in sub. (1) (a),
7except:
AB1085,9 8Section 9. 854.20 (3) of the statutes is created to read:
AB1085,6,159 854.20 (3) Rescission of stepparent adoption and restoration of parental
10rights.
(a) Subject to sub. (5), if a court issues an order of rescission of adoption by
11a stepparent and restoration of parental rights under s. 48.46 (4), the adopted person
12ceases to be treated as a child of the stepparent and the stepparent ceases to be
13treated as a parent of the child for the purposes specified in sub. (1) (a), except that
14no right, title, or interest vesting before entry of the order of rescission may be
15divested by that order.
AB1085,6,2416 (b) Subject to sub. (5) and except as provided under par. (c), if a court issues an
17order of rescission of an adoption by a stepparent and restoration of parental rights
18under s. 48.46 (4), the adult adoptee is treated as a birth child of the parent whose
19parental rights have been restored and the birth parent is treated as the birth parent
20of the adult adoptee for purposes of transfers at death to, through, and from the adult
21adoptee and for purposes of any statute or other rule conferring rights upon children,
22issue, or relatives in connection with the law of intestate succession or governing
23instruments, except that a right, title, or interest vesting before entry of the order
24of rescission shall not be divested by that order.
AB1085,7,3
1(c) Paragraph (b) does not apply if the order of rescission of an adoption by a
2stepparent and restoration of parental rights under s. 49.46 (4) was issued after the
3death of the parent whose rights were restored by the order.
AB1085,7,44 (End)
Loading...
Loading...