All Laws Decoded

Adopting a Child in Wisconsin

Who can adopt in Wisconsin, whose consent is needed, home studies, and how stepparent adoption works.

Short answer: Wisconsin residents eligible to adopt a minor are a married couple jointly (or one spouse if the other is the child's parent) and unmarried adults. Wis. Stat. §§ 48.415, 48.81, 48.82, 48.84, 48.88, 48.90

Adoption requirementsWisconsin residents eligible to adopt a minor are a married couple jointly (or one spouse if the other is the child's parent) and unmarried adults. A child may be adopted only if both parents are deceased, both parents' rights have been terminated, one parent's rights were terminated and the other died, or the petitioner is the spouse of the parent the child lives with and the other parent died or had rights terminated. Grounds for involuntary termination include abandonment (for example, failing to visit or communicate for 6 months or longer while the child was left with another person) and failure to assume parental responsibility. When a petition is filed, the court orders an investigation of whether the petitioner's home is suitable, schedules a hearing within 90 days, and (except for relatives, stepparents and certain other cases) the child must have lived in the petitioners' home for 6 months before the petition is filed. First-time adoptive parents in agency and nonrelative placements must complete preadoption preparation.
Stepparent adoptionThe spouse of the child's parent may adopt if the child lives with them and the other parent has died or had parental rights terminated (voluntarily or on grounds such as abandonment). A stepparent may file the petition at any time, without the usual 6-month residence period. Instead of a full home investigation, when no agency is the child's guardian the court orders a screening limited to one interview with the stepparent and a public-records background check.

Where to get help in Wisconsin

More Wisconsin divorce & family law

FAQ

What are the requirements to adopt a child in Wisconsin?
Wisconsin residents eligible to adopt a minor are a married couple jointly (or one spouse if the other is the child's parent) and unmarried adults. A child may be adopted only if both parents are deceased, both parents' rights have been terminated, one parent's rights were terminated and the other died, or the petitioner is the spouse of the parent the child lives with and the other parent died or had rights terminated. Grounds for involuntary termination include abandonment (for example, failing to visit or communicate for 6 months or longer while the child was left with another person) and failure to assume parental responsibility. When a petition is filed, the court orders an investigation of whether the petitioner's home is suitable, schedules a hearing within 90 days, and (except for relatives, stepparents and certain other cases) the child must have lived in the petitioners' home for 6 months before the petition is filed. First-time adoptive parents in agency and nonrelative placements must complete preadoption preparation.
How does stepparent adoption work in Wisconsin?
The spouse of the child's parent may adopt if the child lives with them and the other parent has died or had parental rights terminated (voluntarily or on grounds such as abandonment). A stepparent may file the petition at any time, without the usual 6-month residence period. Instead of a full home investigation, when no agency is the child's guardian the court orders a screening limited to one interview with the stepparent and a public-records background check.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.