Chapter 48

48.92 Annotation A valid adoption of the petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit as a nephew. Vargo v. Buban, 68 Wis. 2d 473, 228 N.W.2d 681 (1975).

48.92 Annotation Biological grandparents had no right to visitation following termination of their son’s parental rights and adoption by the child’s stepfather. Soergel v. Raufman, 154 Wis. 2d 564, 453 N.W.2d 624 (1990).

48.92 Annotation The adoption of a child of a deceased parent does not terminate the decedent’s parents’ grandparental visitation rights under s. 880.155 [now s. 48.9795 (12)]. H.F. v. T.F., 168 Wis. 2d 62, 483 N.W.2d 803 (1992).

48.92 Annotation Except in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent’s nonmarital partner from adopting the birth parent’s child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Georgina G. v. Terry M., 184 Wis. 2d 492, 516 N.W.2d 678 (1994). See also A.M.B. v. Circuit Court, 2024 WI 18, 411 Wis. 2d 389, 5 N.W.3d 238, 22-1334.

48.92 Annotation Adoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents’ rights to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin W. v. DHFS, 221 Wis. 2d 36, 584 N.W.2d 195 (Ct. App. 1998), 97-3595.

48.92 Annotation Sub. (2) does not nullify prior support arrearage obligations for which a natural parent became liable before that parent’s parental rights were terminated. Hernandez v. Allen, 2005 WI App 247, 288 Wis. 2d 111, 707 N.W.2d 557, 04-2696.

48.925 48.925 Visitation rights of certain persons.

48.925(1) (1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:

48.925(1)(a) (a) That visitation is in the best interest of the child.

48.925(1)(b) (b) That the petitioner will not undermine the adoptive parent’s or parents’ relationship with the child or, if a birth parent is the spouse of an adoptive parent, the adoptive parent’s and birth parent’s relationship with the child.

48.925(1)(c) (c) That the petitioner will not act in a manner that is contrary to parenting decisions that are related to the child’s physical, emotional, educational or spiritual welfare and that are made by the adoptive parent or parents or, if a birth parent is the spouse of an adoptive parent, by the adoptive parent and birth parent.

48.925(1m) (1m) 

48.925(1m)(a) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

48.925(1m)(am) (am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court’s own motion, and on notice to the relative.

48.925(1m)(b) (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

48.925(2) (2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child.

48.925(3) (3) This section applies to every child in this state who has been adopted, by a stepparent or relative, regardless of the date of the adoption.

48.925(4) (4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person.

48.925 History History: 1991 a. 191; 1999 a. 9.

48.925 Annotation Grandparents’ Visitation Rights Following Adoption: Expanding Traditional Boundaries in Wisconsin. Hintz. 1994 WLR 483.

48.925 Annotation Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992.

48.925 Annotation The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992.

48.93 48.93 Records closed.

48.93(1) (1) In this section, “adoptee” has the meaning given in s. 48.432 (1) (a).

48.93(1d) (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g), (1r), (1v), or (1w), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

48.93(1g) (1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child’s medical record under s. 48.425 (1) (am) or with any information provided to the court under s. 48.422 (9) or 48.425 (2), after deleting the names and addresses of the child’s birth parents and the identity of any provider of health care to the child or the child’s birth parents.

48.93(1r) (1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18, provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee’s birth parents which it has on file and with nonidentifying social history information about the adoptee’s family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee’s birth parents. The agency may charge a requester a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency.

48.93(1v) (1v) 

48.93(1v)(a) (a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in s. 48.028 (9) (a) and (b).

48.93(1v)(b) (b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the information specified in s. 48.028 (9) (c).

48.93(1w) (1w) At the time a court grants an adoption of a child who was placed for adoption under s. 48.833, 48.834, 48.837, or 48.839, the court shall advise the adoptive parent that the agency that placed the child for adoption under s. 48.833 or 48.834, that was appointed the guardian of the child under s. 48.837 (6) (d), or that negotiated or arranged the placement for adoption under s. 48.839 will provide the names and contact information of the adoptive parent, and name and birth date of the adopted child, to the state-funded postadoption resource center that serves the area within which the parent resides within 90 days after the court grants the adoption unless the adoptive parent elects not to have that information so provided. If the adoptive parent makes that election, the agency may not provide that information. If the adoptive parent does not make that election, the agency shall provide that information within 90 days after the court grants the adoption.

48.93(2) (2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized to place children for adoption shall be transferred to the department and placed in its closed files.

48.93 History History: 1979 c. 34; 1981 c. 359; 1983 a. 471; 1989 a. 31; 1997 a. 27, 104, 252; 2007 a. 20; 2009 a. 94; 2015 a. 379.

48.93 Annotation Adoption Records Reform: Impact on Adoptees. Simanek. 67 MLR 110 (1983).

48.94 48.94 New birth record.

48.94(1) (1) After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital records and furnish any additional data needed for the new birth record. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth record for the person adopted be not changed, then the court shall so order. In such event no new birth record shall be filed by the state registrar, notwithstanding the provisions of s. 69.15 (2) or any other law of this state.

48.94(2) (2) If the court issues an order under s. 69.15 (2) (d) to restore the information from an adoptee’s original birth record, the state registrar shall issue a new birth certificate containing the information from the adoptee’s original birth record, except for the adoptee’s given name at birth, if different. The restoration of any birth parent’s name on the adoptee’s birth record does not do any of the following:

48.94(2)(a) (a) Affect the legal relationship of parent and adoptee that was created by the order of adoption.

48.94(2)(b) (b) Restore any legal rights or any legal relationship that terminated upon the order of adoption.

48.94(2)(c) (c) Change the adoptee’s legal name.

48.94 History History: 1981 c. 359 s. 16; 1985 a. 315 s. 22; 1991 a. 316; 2013 a. 379; 2017 a. 334.

48.94 Annotation A Fundamental Rights Debate: Should Wisconsin Allow Adult Adoptees Unconditional Access to Adoption Records and Original Birth Certificates? Racine. 2002 WLR 1435.

48.95 48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal custody of the guardian.

48.95 History History: 1977 c. 271, 449; 1981 c. 81; 1985 a. 176; 1995 a. 77.

48.96 48.96 Subsequent adoption. The adoption of an adopted person is authorized and, in that case, the references to parent and birth parent are to adoptive parent.

48.96 History History: 1981 c. 359 s. 16.

48.97 48.97 Adoption and guardianship orders of other jurisdictions.

48.97(1) (1) Effect and recognition of adoption decrees of other states. When the relationship of parent and child has been created by an order of adoption of a court of any other state, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

48.97(2) (2) Effect and recognition of foreign adoption decrees. If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. citizenship and immigration services, all of the following apply:

48.97(2)(a) (a) The adoption shall be recognized by this state and the rights and obligations of the adoptive parent and child shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

48.97(2)(b) (b) The adoptive parent shall not be required to readopt the child in this state.

48.97(2)(c) (c) Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following:

48.97(2)(c)1. 1. Evidence as to the date, place of birth, and parentage of the child.

48.97(2)(c)2. 2. A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation or a notarized copy of a certified translation of that final order.

48.97(2)(c)3. 3. A sworn statement by the adoptive parent including all of the following:

48.97(2)(c)3.a. a. That a home study was completed as required or recognized by this state and the home study recommends the parent as an adoptive parent.

48.97(2)(c)3.b. b. That the required preadoption training was completed.

48.97(2)(c)3.c. c. That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements.

48.97(2)(c)4. 4. The name and address of the adoptive parents and the child.

48.97(2)(c)5. 5. Any other information necessary for the state registrar to prepare a certification of birth data for the child.

48.97(2)(d) (d) Upon receipt of the letter under par. (c), the court shall enter an order registering the foreign adoption order, and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state registrar.

48.97(2)(e) (e) An order registering the foreign adoption order shall have the same effect as an adoption order granted under s. 48.91.

48.97(3) (3) Effect and recognition of foreign guardianship decrees; additional requirements. If a resident of this state has been appointed guardian of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth and the child was admitted to the United States with an IR-4 or IH-4 visa issued by the U.S. citizenship and immigration services, the guardian shall adopt the child under s. 48.839.

48.97 History History: 1971 c. 187; 1981 c. 81; 1995 a. 443; 2015 a. 380.

48.975 48.975 Adoption assistance.

48.975(1) (1) Definition. In this section, “adoption assistance” means payments by the department to the adoptive or proposed adoptive parents of a child which are designed to assist in the cost of care of that child after an agreement under sub. (4) has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents.

48.975(2) (2) Applicability. The department may provide adoption assistance only for a child with special needs and only when the department has determined that such assistance is necessary to assure the child’s adoption.

48.975(3) (3) Types. The department may provide adoption assistance for maintenance, medical care or nonrecurring adoption expenses, or for any combination of those types of adoption assistance, according to the following criteria:

48.975(3)(a) (a) Maintenance.

48.975(3)(a)1. 1. Except as provided in subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the amount of the child’s foster care or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed.

48.975(3)(a)2. 2. Except as provided in subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the department shall determine the initial amount of adoption assistance for maintenance based on the circumstances of the adoptive family and the needs of the child. That amount may not exceed the uniform foster care rate applicable to the child that is in effect at the time that the agreement under sub. (4) (a) is signed.

48.975(3)(a)3. 3. For support of a child who is defined under rules promulgated by the department under sub. (5) (b) as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, the initial amount of adoption assistance for maintenance shall be $0.

48.975(3)(a)4. 4. The amount of adoption assistance for maintenance may be changed under an amended agreement under sub. (4) (b) or (c). If an agreement is amended under sub. (4) (b) or (c), the amount of adoption assistance for maintenance shall be the amount specified in the amended agreement but may not exceed the uniform foster care rate that would be applicable to the child if the child were in foster care during the time for which the adoption assistance for maintenance is paid.

48.975(3)(b) (b) Medical. The adoption assistance for medical care shall be sufficient to pay expenses due to a physical, mental or emotional condition of the child which is not covered by a health insurance policy insuring the child or the parent.

48.975(3)(c) (c) Nonrecurring adoption expenses. Subject to any maximum amount provided by the department by rule promulgated under sub. (5), the adoption assistance for nonrecurring adoption expenses shall be sufficient to pay the reasonable and necessary adoption fees, court costs, legal fees and other expenses that are directly related to the adoption of the child and that are not incurred in violation of any state or federal law.

48.975(3m) (3m) Duration. The adoption assistance may be continued after the adoptee attains 18 years of age if any of the following applies:

48.975(3m)(a) (a) The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age.

48.975(3m)(b) (b) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of adoption assistance as determined by the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

48.975(3m)(c) (c) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the adoptee, and the adoption assistance agreement for the adoptee became effective on or after the date on which the adoptee attained 16 years of age.

48.975(4) (4) Procedure.

48.975(4)(a) (a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under s. 48.623.

48.975(4)(b) (b) If an agreement to provide adoption assistance is in effect and if the adoptive or proposed adoptive parents of the child who is the subject of the agreement believe there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c), the adoptive or proposed adoptive parents may request that the agreement be amended to increase the amount of adoption assistance for maintenance. If a request is received under this paragraph, the department shall do all of the following:

48.975(4)(b)1. 1. Determine whether there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c) and whether there has been a substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents.

48.975(4)(b)2. 2. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, offer to increase the amount of adoption assistance for maintenance based on criteria established by the department by rule promulgated under sub. (5) (d).

48.975(4)(b)3. 3. If an increased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, amend the agreement in writing to specify the increased amount of adoption assistance for maintenance.

48.975(4)(bm) (bm) Annually, the department shall review an agreement that has been amended under par. (b) to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the department shall offer to decrease the amount of adoption assistance for maintenance based on criteria established by the department under sub. (5) (dm). If the decreased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the department shall amend the agreement in writing to specify the decreased amount of adoption assistance for maintenance. If the decreased amount of adoption assistance for maintenance is not agreed to by the adoptive or proposed adoptive parents, the adoptive or proposed adoptive parents may appeal the decision of the department regarding the decrease under the procedure established by the department under sub. (5) (dm).

48.975(4)(c) (c) The department may propose to the adoptive or proposed adoptive parents that an agreement to provide adoption assistance be amended to adjust the amount of adoption assistance for maintenance. If an adjustment in the amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the agreement shall be amended in writing to specify the adjusted amount of adoption assistance for maintenance.

48.975(4)(d) (d) An agreement to provide adoption assistance may be amended more than once under par. (b) or (c).

48.975(4m) (4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent’s monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance.