Stepparent adoption can give a spouse a legal parent-child relationship with a stepchild. In Wisconsin, the process involves eligibility requirements, the other parent’s legal status, screening and a court hearing. The requirements can differ from those for other types of adoption.
When can a stepparent file for adoption?
Wisconsin allows a stepparent to file an adoption petition without the six-month home-residency requirement that applies to many other adoption cases. The stepparent must be the spouse of the child’s parent and live with the child.
The other parent’s rights must have ended through death or termination of parental rights before the adoption can proceed. If the child is 14 or older, Wisconsin law generally requires the child’s written consent. Meeting these requirements before filing can help avoid delays.
What happens to the other parent’s rights?
A stepparent adoption can proceed when the child’s other parent has died or that parent’s rights have been terminated. In A.M.B. v. Circuit Court for Ashland County, the Wisconsin Supreme Court confirmed that the stepparent exception allows a spouse to adopt the child while the child’s custodial parent – the stepparent’s spouse – retains full parental rights.
Termination of parental rights may occur through a voluntary or involuntary court process. Resolving the other parent’s legal status is an important part of determining whether the adoption can proceed.
What steps are involved in a stepparent adoption?
Once the eligibility requirements are satisfied and the other parent’s legal status is resolved, the case moves through the required screening and court process. Stepparent adoptions do not use the standard SAFE (Structured Analysis Family Evaluation) home study required for other Wisconsin adoptions. Instead, different screening standards apply. The process generally involves:
- Filing the adoption petition with the appropriate court
- Completing the required screening and background checks
- Submitting required reports and documents to the court
- Attending the adoption hearing
- Awaiting the court’s decision on the petition
The exact requirements can vary based on the child’s age, the circumstances of the other parent’s legal status and the court’s review of the specific case. The court reviews the required information before deciding whether to grant the petition.
What happens after the adoption is granted?
If the court grants the petition, the stepparent becomes the child’s legal parent. Wisconsin law gives the adoptive parent the rights and duties of a parent. In a stepparent adoption, the adoption generally ends the legal relationship with the birth parent who is not the adoptive parent’s spouse.
Because adoption permanently changes the legal relationship between the child, stepparent and other birth parent, confirming the requirements and gathering the necessary records before filing can help avoid unnecessary delays. A Wisconsin family law attorney can review the eligibility requirements, help resolve the other parent’s legal status and guide the family through each step of the process.