Are you, or someone you know, curious about stepparent adoption and adopting a stepchild? If you’re already the stepparent of a stepson or stepdaughter and would like to adopt the child legally, there are a few steps you’ll need to take to complete the process.
Wisconsin Stepparent Adoption Law
Wisconsin law allows a spouse who lives with both the child and the biological parent, who has custody of the child, to adopt the child. However, the state requires the other biological parent to legally terminate all parental rights prior to an adoption taking place. Another exception would be that the non-spouse biological parent is deceased.
Adoption Process in Wisconsin
There are typically four steps involved in adopting a stepchild in the state of Wisconsin:
- Termination of Parental Rights
- Petition to adopt and order for investigation
- The agency investigation
- The hearing on the adoption
As previously stated, before a stepparent can legally adopt a child, the rights of the biological parent, who is not in the picture, must be terminated. We’ll refer to this non-spouse parent as Parent A. The termination of parental rights process ends all rights and duties of Parent A to the child.
What This Means
Once the individual’s rights are terminated, Parent A will no longer have parental control over the child. This means he or she can no longer make any decisions about the child, and he or she is no longer financially, or legally, responsible for the child.
Furthermore, this individual is not entitled to any information about the child after his or her rights are terminated. Parental rights may be terminated voluntarily or involuntarily. A person can voluntarily terminate his or her parental rights if he or she willingly chooses to do so in anticipation of an adoption.
A person’s parental rights can be involuntarily terminated if the court determines that there are grounds for termination and that the termination is in the best interest of the child. There are several grounds for involuntary termination, including:
- Abuse
- Neglect
- Failure to assume parental responsibility
In a termination of parental right’s case, the Court must appoint a Guardian ad Litem for the minor in question. The Guardian ad Litem is an attorney who advocates for the best interests of the child during the case.
Next Steps for Stepparent Adoption
Contact a Licensed Adoption Agency
Prior to a stepparent adoption being approved, the stepparent will need to have an adoption study/home study in support of the adoption.
Accordingly, you will need to find an adoption agency that does stepparent adoption reports. The adoption agency will be responsible for conducting a study of the stepparent (i.e., the investigation), which typically includes interviews, background checks, and reference letters.
You can also expect a home visit to be performed, where the child is or will be living.
Petition to Adopt
Finally, the stepparent needs to petition the court to adopt the child. The court will review all the necessary information, including the results of the adoption study/report, and if they find an adoption is in the best interest of the child, the adoption will be granted.
Find Out More about the Adoption Process in Wisconsin
Deciding on if stepparent adoption is the right avenue for your family? Here are some questions you can ask:
- What are the wishes of the child?
- Would this greatly impact the child’s daily life?
- How would the adoption impact the relationship the child has with their birthparent?
Adopting a child is one of the most rewarding experiences. However, it can be challenging and put strain on your family, as you follow the legal process. Trust the experienced family law attorneys at Doar, Drill & Skow to guide you through the Wisconsin adoption process. We’ll walk you through each step, so you stay informed and your family feels supported.
Contact us for a consultation today!
DISCLAIMER: The Doar, Drill, and Skow blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported may come from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these types of situations choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.