The modern world has given rise to the modern family. More and more, we’re seeing reconstructed families. That is, families where parents may have divorced and remarried or couples with children from previous relationships coming together to form a new family unit.
You’ve fallen in love not just with your partner but with their child, too. You’ve been there for the scraped knees, homework help, and bedtime stories. Now, you want to make it official. While the love you share can’t be measured by legal documents, officially becoming a family through adoption holds deep meaning for everyone involved.
Step-parent adoption brings many benefits. But what exactly does the process look like in Wisconsin? Let’s walk through it together.
Legal Requirements for Step-Parent Adoption in Wisconsin
For many people out there, adoption is a scary word. Horror stories of the process have been passed around for decades, and the thought of going through the legal system can be overwhelming, but take a deep breath!
The good news is that requesting adoption as a step-parent is somewhat easier than other types of adoption. You’re already in a parent-child relationship with the child you wish to adopt.
However, there are some basic requirements. For starters, you must be married to one of the birth parents. From there, you can begin the four-step process that follows:
Consent
Getting proper consent is perhaps the most critical element of the process. Technically speaking, you need both biological parents’ consent to adopt a child. But since you’re married to one of them, chances are they’re already on board.
The trickier part sometimes comes from getting consent from the other biological parent. This can be challenging if they have negative feelings toward you or haven’t been involved in their child’s life.
There are exceptions to this rule. One is the termination of parental rights, which we’ll explain below. Another situation would be abandonment (no contact or support for 12 months or more) or unavailability (whereabouts unknown despite diligent search efforts).
In these situations, you might only need one parent to sign off.
It’s worth noting that according to Wisconsin Legislature 48.837, any child over the age of 12 has a right to attend any hearing or make a statement to the court regarding their adoption. While the child’s consent isn’t technically required, their opinion matters to the court.
Termination of Biological Parent’s Rights
A child cannot have three legal parents. Before a step-parent adoption can proceed, one biological parent’s rights must be terminated. It’s simple math!
This can happen in two ways. The first is voluntary termination, where the biological parent willingly gives up their rights. The second is involuntary termination, which becomes necessary when you can’t get the biological parent’s consent.
Grounds for involuntary termination include abandonment, neglect, abuse, or failure to assume parental responsibility. The court takes these matters very seriously and requires clear evidence to support such claims.
Home Study
Much like the traditional adoption process, a home study is required for step-parent adoptions to ensure the safety and well-being of the child.
During the home study, a social worker will assess:
- Your home environment and living conditions
- Your relationship with the child and your spouse
- Your ability to provide emotional and financial support
- Your background, including criminal history checks
- Your understanding of parental responsibilities
- Your plans for the child’s education and development
Court Approval
At last, the home study is over, and you are ready to proceed with your Wisconsin adoption. The final step is getting court approval. During the hearing, the judge will consider several factors, including the child’s best interests, your fitness as a parent, and the overall stability of your family unit.
Potential Challenges and Considerations
Although many step-parent adoptions are successful, there are some potential challenges to keep in mind. Even if things don’t go smoothly, it’s important not to give up. Simply being aware of these challenges can help you better prepare for them.
Contested Adoptions
Unfortunately, there are situations where it’s simply not possible to obtain the biological parent’s consent nor easily prove that they are unfit. These cases can become legally complex and emotionally charged.
In these situations, you may need to go through a contested adoption process. This can involve a trial where you’ll need to present evidence demonstrating why the adoption would serve the child’s best interests.
Open Adoption Agreements
Not everything has to be black and white. Open adoption agreements can offer a middle ground that works for everyone involved.
Maybe the child has a decent relationship with their other parent, but that parent cannot provide the same level of care as you can. You could offer to raise the child, send them to the best schools, and provide a stable home while still allowing occasional visits or updates from the biological parent.
These agreements can vary greatly and should be carefully discussed by all parties. Clear boundaries and expectations help everyone understand their role in the child’s life.
Interstate Adoptions
Things can get a bit more complicated if the child or step-parent resides in another state. The process remains largely the same. For instance, Federal law requires interstate home studies to be completed within 60 days. The court will consider the distance when making its decision.
Benefits of Step-Parent Adoption
If all that seems like a lot of work, that’s because it is. But is it worth it? We believe the benefits of step-parent adoption far outweigh the challenges and difficulties. Here’s what you can expect:
Legal Security
Adoption creates a permanent legal relationship between you and your step-child. This means you can make important decisions about child custody, education, healthcare, and travel without complications. No more awkward conversations at airport security or school registration.
Emotional Connection
Although you don’t need a legal relationship to have an emotional connection, it does help strengthen the bond between step-parent and child. You will officially become that child’s legal parent, and they can take your last name if you choose. It formalizes the parent-child bond.
Inheritance Rights
As a parent, your main priority is to make sure your kids are set for life. Through adoption, your child gains the same inheritance rights as any biological child would have. This provides peace of mind and security for everyone involved.
Sense of Belonging
This benefit is especially meaningful for children who have experienced abandonment. Adoption gives them a sense of permanence and security within their family unit.
Having the same last name, being included in family events and traditions, and knowing they have a permanent place in their step-parent’s life can make a world of difference in a child’s sense of identity and belonging.
The Role of a Family Law Attorney
This will not be an easy road, especially if you encounter some resistance from a biological parent. But don’t give up the fight!
An experienced adoption attorney specializing in Wisconsin adoption can help you:
- Navigate complex legal requirements and ensure all paperwork is properly filed
- Prepare necessary documentation and manage deadlines effectively
- Represent your interests in court processes and negotiations
- Protect your rights and advocate for the best interests of the child
- Guide you through potential challenges and help find solutions
Conclusion
Love makes a family – whether it’s through biology or choice. Step-parent adoption offers a beautiful way to legally recognize the bonds that already exist in your heart. It brings stability, security, and a sense of belonging to everyone involved.
If you’re ready to take the next step in building your family, contact Vanden Heuvel & Dineen, S.C. for a free consultation.
For more information, visit:
Wisconsin State Bar Website: www.wisbar.org
Wisconsin Department of Children and Families: dcf.wisconsin.gov
Wisconsin Adoption Information Center: wiadopt.org
