Stump the Law Librarian

Q: Is it true that adoption of a minor child in Wisconsin requires termination of the biological parents' rights?

A: According to Wisconsin Statute § 48.41, there are several criteria that allow a child present in Wisconsin to be adopted:

(1) Both of the child’s parents are deceased.

(2) The parental rights of both of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.

(3) The parental rights of one of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child’s other parent is deceased.

(4) The person filing the petition for adoption is the spouse of the child’s parent with whom the child and the child’s parent reside and either of the following applies:
(a) The child’s other parent is deceased.
(b) The parental rights of the child’s other parent with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.

(5) Section 48.839 (3) (b) applies.

(6) The child is being readopted under s. 48.97.

Subsequent sections mention who may adopt and what the proper court procedure is for adoption. In addition, in Dane County, the Probate Court handles adoption and has several resources on their website. Still more adoption-related information can be found on the WI State Law Library’s website under Legal Topic "Adoption."