Adoption in WisconsinWisconsin has laws comparable to many other state for adoption. Any adult, single or married, over 21 may adopt. If pursuing interstate adoption, law of the Birth Mom's home state applies to expense, but it most cases it's ok to assist with legal, medical and living expenses, as well as counseling pre- and post-partum.
Home Study Providers in Wisconsin
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Adoption Attorneys in Wisconsin
Adoption Agencies in WI
AAAA Attorneys in WI
Academy of Adoption & Assisted Reproduction Attorneys
AttorneyLynn J. Bodi450 S. Yellowstone Drive
Madison, WI 53719Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Interstate (ICPC) Adoption, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
AttorneyEmily Dudak Leiter450 S. Yellowstone Drive
Madison, WI 53719Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Intercountry Adoption, Interstate (ICPC) Adoption, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
AttorneyTheresa L. Roetter2 E. Mifflin Street, Suite 600
Madison, WI 53703Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Interstate (ICPC) Adoption, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
AttorneyStephen W. HayesN14 W23777 Stone Ridge Drive, Suite 200
Waukesha, WI 53188Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Intercountry Adoption, Interstate (ICPC) Adoption, Mediation, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
AttorneyElizabeth A. NearyElizabeth A. NearyN14 W23777 Stone Ridge Drive, Suite 200
Waukesha, WI 53188Services Offered Contested Adoption, Domestic Adoption, Interstate (ICPC) Adoption, Surrogacy
AttorneyVictoria J. Schroeder385 Williamstowne, Suite 103
Delafield, WI 53018Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Intercountry Adoption, Interstate (ICPC) Adoption, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
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Traveling For Your Adoption in Wisconsin
Length of ICPC
Wisconsin participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.
Adoption Law FAQ in Wisconsin
Advertising Law Info
Can adoptive parents advertise for birth parents?
Yes. Only home studied parents and Wisconsin-licensed agencies may advertise, not facilitators or agencies from other states.
State Advertising Code of Law
Citation: Ann. Stat. § 48.825
The term âadvertiseâ means to communicate by any public medium that originates within this State, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet.
The term âInternet accountâ means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the users account information, profile, display, communications, or stored data.
No person may do any of the following:
1) Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody
2) Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child
3) Advertise that the person will place a child for adoption or in any other permanent physical placement
This section does not apply to any of the following:
1) The Department of Children and Families or a child welfare agency
2) An individual or agency providing adoption information • A foster care and adoption resource center
3) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this State
No person may publish by a public medium an advertisement that violates this section. Nothing in this section prohibits an attorney licensed to practice in this State from advertising his or her availability to practice or provide services relating to the adoption of children.
Adoption Law Info
Who Can Adopt?
A single adult, a married couple jointly, or the childâs stepparent.
Can out-of-state residents finalize an adoption?
Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, but adopting parents may only use a licensed agency.
What birth parent expenses may be paid, and in what time period?
Medical, legal, pre- and post-adoption counseling. Up to $5,000 living. Post finalization payments must be court-approved. Birth mother gift up to $100. In interstate placements, law of birthparentâs home state applies to expenses. Payments may be made to third parties.
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
When the judge signs the order terminating rights. 30 days to appeal on basis of fraud, mistake, undue coercion or inadvertence. Return is automatic, unless the birth mother chooses another placement option, such as foster care.
Qualifications for Adoptive Parents for adoption
Citation: Ann. Stat. §§ 48.82; 48.84
When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the child being adopted.
No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing. If otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind, or has other physical handicaps. No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry, or national origin.
Before a child may be placed for adoption by a proposed adoptive parent who has not previously adopted a child, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, the State adoption information exchange, the State adoption center, a State-funded foster care and adoption resource center, a State-funded postadoption resource center, a technical college district school, or an institution or college campus within the University of Wisconsin system. If the proposed adoptive parent does not reside in this State, he or she may meet this requirement by obtaining equivalent preparation in his or her State of residence.
The Department of Children and Families shall promulgate rules establishing the number of hours of preadoption preparation that is required and the topics covered under that preparation. The preparation shall include training on issues that may confront adoptive parents, in general, and that may confront adoptive parents of special needs children or foreign children.
Home Study Info
Elements of a Home Study for Adoption
Citation: Ann. Stat. § 48.88
When a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitionerâs home is suitable for the child.
If the petitioner was required to obtain a license to operate a foster home before placement of the child for adoption:
• The agency making the investigation shall obtain a criminal history search from the records maintained by the Department of Justice and request a fingerprint-based check of the national crime information databases.
• The agency making the investigation shall obtain information maintained by the department regarding any substantiated reports of child abuse or neglect against the petitioner and any other adult residing in the petitionerâs home regarding substantiated reports of child abuse or neglect.
• If the petitioner or other adult residing in the petitionerâs home is not now or has not been a resident of this State within the 5 years preceding the date of the search, the agency shall check any child abuse or neglect registry maintained by any State or other U.S. jurisdiction in which the petitioner or other adult is or was a resident within those 5 years.
Grounds for Withholding Approval for Adoption
Citation: Ann. Stat. § 48.837
In the case of a child on whose behalf adoption assistance payments will be provided, if the petitioner has been convicted of any of the offenses specified in § 48.685(5)(c), including murder, homicide, battery, sexual assault or exploitation, child abuse or neglect, incest, child prostitution, child pornography, or incest, the agency may not report that the petitioners home is suitable for the child.
When Home Studies Must Be Completed for Adoption
Citation: Ann. Stat. § 48.837
When the proposed adoptive parent or parents of a child reside in this State and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption if the home is licensed as a foster home under § 48.62. At the request of a custodial parent and the proposed adoptive parents, the department, a county department, or a child welfare agency may place the child in the home of the proposed adoptive parent or parents prior to the filing of a petition.
After an adoption petition is filed, the court shall order an investigation. The agency making the investigation shall file its report with the court at least 10 days before the hearing on the petition.
Postplacement Study Requirements for Adoption
This issue is not addressed in the statutes and regulations reviewed.