Adoption

While welcoming a new family member is an exciting prospect, the adoption process is often complicated. Adoptive families and birth parents are subject to various state and federal laws and regulations. Attorneys are vital in the adoption process, making sure that these laws and regulations are satisfied and that all documentation associated with the adoption is filed promptly and with the appropriate department. Seeking counsel also ensures that the legal rights of both adoptive families and birth parents are protected. In short, adoption attorneys handle the legal aspects of the adoption process from start to finish, providing peace of mind that the adoption meets all legal requirements and preventing adoptive parents from incurring additional costs due to misfiling.

Adoptions can occur under different circumstances, but each adoption is governed by complex regulations in the state of Wisconsin. Before a child can be adopted in Wisconsin, the birth parents’ rights must be legally terminated. Often, the child’s birth parents can file a petition with the court to voluntarily terminate parental rights after the birth of the child. A hearing will then be held within 30 days of the filing of the petition. In this process, it is vital that both the birth and adoptive parents seek legal counsel, so that the process is completed according to Wisconsin’s laws and regulations, and to ensure that all parties’ rights are protected.

It is also important to note that the laws governing consent to the adoption can vary based on each individual situation. For example, if the child has Native American heritage, the adoption is governed by additional federal laws that must be upheld.

Wisconsin laws also denote which of the birth mother’s expenses may be paid by the prospective adoptive parents. Additionally, the adoptive parents must provide the court with an itemized list of all payments made or promised in connection to the adoption. A qualified attorney can ensure that these expenses are paid and documented correctly.

There are also laws in Wisconsin concerning how families seeking to adopt inform birth parents of this desire, as well as laws on how birth families express their interest in placing a child up for adoption. Adoption attorneys are required by the Wisconsin State Bar Association to stay up-to-date on regulations governing adoption, and can therefore provide prospective adoptive or birth parents with information and guidance on how to proceed with an adoption process.

As with other states, Wisconsin has basic requirements that prospective parents must meet in order to adopt. The following criteria is put in place to ensure the health and safety of any child entering the home, as well as the suitability of the parents. While these qualifications are codified in state statutes, they are not exhaustive, and can vary based on the child’s background, the prospective parents’ history, and any other factors deemed relevant by the Court.

In general, prospective adoptive parents in Wisconsin must:

Prospective adoptive parents in Wisconsin can be of any race, ethnic background, sexual orientation, or gender. They may choose to adopt as a single person, or as a couple adopting jointly. They can also be first-time parents or have other adopted or biological children in the home, provided that there is adequate space and financial resources to welcome another child into the family.