Wisconsin Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

Statute: §§ 48.41; 48.42

• A parent may consent to a voluntary termination of parental rights.
  
  
• A petition may also be filed by an agency or other authorized person.
  

  

• Any child 12 years of age or older is required to attend the hearing pertaining to his adoptive placement.

• Parental rights have been terminated due to failure of the parents to assume responsibility.
  
• The parent has abandoned the child.
  
• There is continuing parental disability.
  
• The parent has abused the child.
  
• The parent has relinquished custody of the child when the child was 72 hours old or younger.
  
• The parent has failed to assume responsibility for the child or to establish a substantial relationship with the child.
  
• The parent has caused the child to be conceived as a result of incest or sexual assault.
  
• The parent has been convicted of homicide or of solicitation to commit homicide of the child’s other parent.

• A hearing is held within 30 days of the filing of a petition for voluntary termination of parental rights, but not before the birth of the child.

How Consent Must Be Executed

Statute: § 48.41

• Consent is given in court after the judge explains the effect of termination of rights and is satisfied that consent is informed and voluntary.
  
• Personal appearance may be waived and written consents accepted if it is impossible or difficult for the parent to appear.

• Generally consents are irrevocable, but a parent who has consented to termination may, within 1 year, petition for relief on grounds given in § 806.07(1), i.e., mistake, newly-discovered evidence, fraud, misrepresentation, or misconduct. See the statute for detailed exceptions to the 1-year provision.
  
• An adoptive parent who wishes to terminate parental rights with respect to his or her adopted child must petition to terminate parental rights under § 48.42, or appeal the order granting adoption.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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