Under the bill, the affidavit containing a disclaimer of parental rights may be executed before the birth of the child by the father or alleged or presumed father but not the mother and may be executed by either parent 120 hours or more after the birth until the child’s first birthday; however, the affidavit may not be executed by either parent from birth until 120 hours after the birth or on or after the child’s first birthday.
Under the bill, if executed by the father or alleged or presumed father before the child’s birth, the disclaimer is revokable for any reason until 72 hours after execution or 120 hours after the birth, whichever is later. If executed by the mother, the disclaimer is revocable for any reason until 72 hours after execution. If not revoked by the applicable time limit, the disclaimer is irrevocable unless obtained by fraud or duress. Under the bill, no action to invalidate a disclaimer, including an action based on fraud or duress, may be commenced more than three months after the affidavit was executed. If parental rights to a child are terminated based upon such a disclaimer of parental rights, the bill prohibits a court from entering an order granting adoption of the child until three months have passed since the affidavit was executed.
The bill requires the agency making the placement of the child for adoption, whether the agency is the Department of Children and Families, the county department of human services or social services, or a licensed child welfare agency, to offer both counseling and legal counseling to the person disclaiming his or her parental rights, at the agency’s expense, prior to execution of the affidavit. The person must acknowledge in the affidavit that he or she has been offered these counseling and legal counseling sessions and whether or not he or she accepted them.
Payments relating to adoption
This bill allows payments to be made to an out-of-state private child placing agency that is licensed in the state in which it operates for services provided in connection with an adoption and, where applicable, in compliance with the federal Indian Child Welfare Act, as certified to DCF. Under the bill, a private child placing agency means a private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one state to another state. Current law allows payments for such services only to a child welfare agency licensed in this state.
SB80,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB80,15Section 1. 48.41 (1) of the statutes is amended to read:
SB80,,6648.41 (1) The court may terminate the parental rights of a parent after the parent has given his or her consent as specified in this section. When such voluntary consent is given as provided in this section sub. (2) (a), (b), or (c) to (e) or when an affidavit of disclaimer of parental rights executed under sub. (2) (bm) is irrevocable, the judge may proceed immediately to a disposition of the matter after considering the standard and factors specified in s. 48.426.
SB80,27Section 2. 48.41 (2) (bm) of the statutes is created to read:
SB80,,8848.41 (2) (bm) 1. Subject to subd. 1m., a mother, father, or presumed or alleged father may consent to the termination of any parental rights that he or she may have with respect to a child who is under one year of age if no participant in the court proceeding, including the mother, father, or presumed or alleged father, knows or has reason to know that the child is an Indian child by the method provided in par. (a) or (b) or by filing with the court an affidavit of disclaimer of parental rights that is signed by 2 witnesses and notarized and that meets the requirements under subds. 2. to 8.
SB80,,991m. A minor may consent to the termination of any parental rights that he or she may have with respect to a child by using an affidavit of disclaimer under subd. 1. only after the petition to terminate parental rights has been filed, the agency has offered the minor legal counseling under subd. 11., and he or she has been appointed a guardian ad litem and only if the guardian ad litem approves the disclaimer.
SB80,,10102. All of the following apply to the affidavit of disclaimer of parental rights under subd. 1.:
SB80,,1111a. The affidavit may not be executed after the birth of the child until 120 hours after the birth of the child and may not be executed on or after the child’s first birthday. The father or presumed or alleged father may, but the mother may not, execute the affidavit before the birth of the child.
SB80,,1212b. If executed by the father or presumed or alleged father, the affidavit is revocable for any reason until 72 hours after execution or 120 hours after the birth of the child, whichever is later, as provided under subd. 9. If executed by the mother, the affidavit is revocable for any reason until 72 hours after execution, as provided in subd. 9.
SB80,,1313c. The affidavit is irrevocable if not revoked for any reason by the mother, father, or presumed or alleged father by the applicable time limit provided under subd. 2. b., unless it was obtained by fraud or duress.
SB80,,1414d. Except as provided in s. 48.028 (5) (b) and (c) and (6), no action to invalidate the affidavit, including an action based on fraud or duress, may be commenced more than 3 months after the date the affidavit was executed.
SB80,,15153. An affidavit under subd. 1. shall contain all of the following:
SB80,,1616a. The name, county of residence, and age of the parent whose parental rights are being terminated.
SB80,,1717b. The name, age, and birth date of the child, if born.
SB80,,1818c. The names and addresses of the guardians of the person whose parental rights are being terminated, if that person is a minor, and of the estate of the child, if any.
SB80,,1919d. A statement of whether the person whose parental rights are being terminated is or is not presently obligated by court order to make payments for the support of the child.
SB80,,2020e. A full description and statement of value of all property the child owns or possesses.
SB80,,2121f. An allegation that termination of parental rights is in the best interest of the child.
SB80,,2222g. The name and county of residence of any other parent or presumed or alleged father or a statement that the child has no other parent or presumed or alleged father.
SB80,,2323h. If applicable, a statement that the parental rights of the other parent or presumed or alleged father have been terminated by death or court order.
SB80,,2424i. A statement containing the information and understandings specified in subd. 4.
SB80,,2525j. A statement that there is or is not any reason to believe that the child is an Indian child.
SB80,,2626k. The date and time that the affidavit is executed.