What if understanding Wisconsin’s legal adoption process was simpler than you expected?

As a national adoption agency licensed in Wisconsin, we ensure your adoption is legally sound, compassionately guided and completed successfully within state law.

We offer personal support for birth parents and adoptive families alike—and connect you with experienced, local attorneys through our trusted professional network.

Let’s make your adoption journey seamless—reach out today to work with a licensed team that knows Wisconsin law and puts your family first.

 For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. In a private adoption, you have the legal right to place your baby for adoption. You will need to go through a legal process called Termination of Parental Rights (TPR). This is usually done voluntarily, and your decision becomes final and legally binding once the court approves it.

• You cannot give consent until after your baby is born.

• You must appear in court before a judge who ensures your decision is informed and voluntary.

• Once consent is given and accepted by the court, it’s very difficult to revoke.

Relevant Law: WI Stat. §48.41

When can I give my baby up for adoption?

Under Wisconsin law, you cannot legally consent to an adoption until after delivery. Once you're medically ready and emotionally certain, you will go to court to give your consent to terminate your parental rights (TPR).

Your parental rights officially end when:

• You appear in court and give your consent

• The judge reviews and accepts your consent, finalizing the TPR with a formal order

While you cannot sign the adoption papers until after birth, you can reach out to an agency to begin the process of finding an adoptive family.

Relevant Law: WI Stat. §48.41, §48.88

Can I get my baby back after adoption?

No. Once your parental rights are terminated, they are permanently ended. A challenge to your consent would require proof that it wasn’t informed or was coerced.

Relevant Law: WI Stat. §48.41

Can you do adoption without the father's consent?

Sometimes, yes. If the baby's father has not legally established paternity (meaning he's not listed on the birth certificate or hasn't gone to court to be declared the legal father), he must file a Declaration of Paternal Interest with the state to protect his rights.

If he doesn't, the court may terminate his rights without needing his consent.

• If he files the declaration, he must be notified of the adoption.

• If he does not respond or fails to act, the court can proceed without him.

• He may also voluntarily waive his rights by signing a legal document.

Relevant Law: WI Stat. §48.025

Do both birth parents have to sign adoption papers in Wisconsin?

Not always. Both birth parents' rights must be terminated for an adoption to proceed, but they don't both have to sign consent papers in every case.

• The birth mother must give her consent in court, unless her rights are involuntarily terminated.

• The birth father only needs to sign if he has legally established paternity. If not, he must file a Declaration of Paternal Interest to be notified. If he does not take legal steps, the court can terminate his rights without his signature.

Relevant Law: WI Stat. §48.41, §48.025

Can I get paid for adoption?

You cannot be paid in exchange for your baby or consent, but you can receive financial support from the adoptive family for certain expenses such as living expenses, not exceeding $5,000. This could include rent, bills, groceries, etc.

Other acceptable expenses include:

• Medical bills relating to the pregnancy and care received by the child

• Maternity clothes (not exceeding $300)

• Local transportation related to the pregnancy or adoption

• Legal fees

All payments must be documented and reviewed by the court. Your adoption specialist will help distribute these payments.

Relevant Law: WI Stat. §48.913

Can you choose who adopts your baby?

Yes. In a private adoption, you can select the adoptive parents directly, often with the help of an agency. You can also request a family with your religious background.

Relevant Law: WI Stat. §48.82

Can people from a different state adopt my baby?

Yes. Families from another state can adopt your baby, but they must follow the rules of the Interstate Compact on the Placement of Children (ICPC). This law makes sure the adoption is safe and legal across state lines.

Working with a national adoption agency will help you connect with families from across the country.

Before an out-of-state family can adopt:

• Their state and Wisconsin must both approve the placement.

• The family must meet Wisconsin’s requirements, including having a completed home study.

• The placement paperwork must be reviewed and approved by Wisconsin’s ICPC office before the baby can legally be placed with the family.

If you're considering an adoptive family from another state, your adoption specialist will help make sure the proper steps are followed.

Relevant Law: WI Stat. §48.988

Can I give my baby up for adoption without any agency?

Yes. In Wisconsin, you can complete an independent adoption without working through an adoption agency. This is often done with the help of an attorney. However, even without an agency, certain legal steps are still required:

• A licensed agency or county worker must still conduct a home study of the adoptive family.

• The adoptive family must be licensed as a foster home before the baby can be placed with them.

• The court must approve the placement before it becomes legal.

So while you can make your own adoption plan and select a family directly, you can’t bypass the legal safeguards that ensure the placement is safe and ethical, and without the help of a professional, it’s easy to overlook necessary steps.

Relevant Law: WI Stat. §48.837, §48.88

Can my spouse adopt my child?

Yes. Wisconsin law allows a stepparent to adopt their spouse’s child as an individual petitioner. The spouse (biological or legal parent of the child) does not need to file jointly.

The other parent must either consent or have their rights terminated involuntarily (e.g., due to abandonment, unfitness). The parent married to the stepparent retains parental rights.

Statute: WI Stat § 48.82

Can my family adopt my baby?

Yes. A relative such as a grandparent, aunt, uncle, adult sibling or even a stepparent can legally adopt your baby in Wisconsin. This is called a relative adoption. Here’s what to expect:

• The home study and six-month placement period may be waived.

• The relative still needs to file an adoption petition and attend a court hearing.

You still need to legally terminate your parental rights through the court. Once finalized, the adopting family member becomes your baby’s legal parent in every way.

Relevant Law: WI Stat. §48.90, §48.925

Can you anonymously put a baby up for adoption?

Wisconsin does not offer fully anonymous private adoption through the courts — you'll need to go before a judge to give your consent and terminate your rights.

However, you can share as little personal information as you'd like with the adoptive family. Your legal documents are sealed and confidential.

Relevant Law: WI Stat. §48.93

Can I have contact with my child after the adoption?

Yes. Wisconsin does not enforce open adoption agreements in non-relative adoptions, but you can make voluntary arrangements with the adoptive family for letters, updates or even visits.

An open adoption agency can help connect you with adoptive families who share your contact preferences.

Relevant Law: WI Stat. §48.925

How does tribal adoption work for Native American children?

If you or the baby’s father is a member of a federally recognized tribe or eligible for membership, the Indian Child Welfare Act (ICWA) and Wisconsin Indian Child Welfare Act (WICWA) may apply. This means:

• The tribe must be notified and may be involved

• The tribe may help determine where the child is placed

• You can still make an adoption plan, but the court must consider tribal placement preferences

More info: dcf.wisconsin.gov/wicwa

Can I drop my baby off at a fire station?

If you feel unable to care for your newborn, Wisconsin allows you to leave your baby (up to 3 days old) at a hospital, fire station, police station or with EMTs. Your identity remains confidential.

• The baby is placed in protective custody and adoption proceedings begin

• You will not face legal charges if the baby is unharmed

It’s important to note that your baby will go into foster care and you will not have any control over who adopts your baby, nor will you be eligible for birth mom financial assistance.

More info: dcf.wisconsin.gov/cps/safehaven

What rights do biological parents have after adoption?

Once an adoption is finalized in Wisconsin, biological parents no longer have any legal rights to the child. This includes:

• No right to custody or visitation

• No responsibility for child support

• No decision-making authority

The adoptive parents become the child’s full legal parents. Any prior legal relationships with the birth family are permanently severed, unless the adoption is by a stepparent (in which case one birth parent may still retain rights).

In most private adoptions, any post-adoption contact is voluntary and based on a mutual agreement.

Relevant Law: WI Stat. §48.92, §48.925

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Wisconsin?

No. In Wisconsin, married couples can adopt jointly, and single individuals can adopt on their own. However, unmarried couples cannot adopt jointly — only one person can be the legal adoptive parent in that case.

Relevant Law: WI Stat. §48.82

How old do you have to be to adopt a baby?

You must be at least 21 years old to adopt in Wisconsin. This applies to both agency and private adoptions.

Relevant Law: WI Stat. §48.82

Do you need a home study for a private adoption in Wisconsin?

Yes. Wisconsin requires all adoptive families in a private adoption to complete a home study conducted by a licensed agency or county social worker. This is true even if the adoption is arranged independently or through an attorney.

The home study includes:

• Interviews with all household members

• Safety checks of your home

• Personal references

• Background checks

A final report is submitted to the court to confirm that your home is safe and suitable. Working with an adoption agency that’s licensed in Wisconsin can ensure that everything is completed in accordance with state law, minimizing risk of delays.

Relevant Law: WI Stat. §48.88, §48.837

Do you need a home study for an independent adoption?

Yes. Even in an independent (non-agency) adoption, the state requires a full home study process. You must work with a licensed agency to complete it, and your home must be licensed as a foster home if you will be receiving the child directly.

Without this, the court cannot approve the placement.

Relevant Law: WI Stat. §48.837, §48.88

Can you adopt without an agency?

Yes, but there are still legal steps that must be followed. In an independent adoption, you do not have to work with a licensed adoption agency to find or match with a birth mother. However:

• You are still required to complete a home study through a licensed agency

• Your home must be licensed as a foster home before placement

• The court must approve the placement and the adoption

Not working with a licensed adoption professional leaves you financially, legally and emotionally vulnerable.

Relevant Law: WI Stat. §48.837, §48.88

What are the steps to adopt?

1. Complete a home study with a licensed agency

2. Undergo background checks (state and FBI)

3. Complete 25 hours of preadoption training (including 6 hours live)

4. Have your home licensed as a foster home if adopting independently

5. File an adoption petition and attend court hearings

Relevant Laws: WI Stat. §48.84, §48.88, §48.837

Can you adopt a child from another state?

Yes. Families in Wisconsin can adopt a child from another state, but the process must comply with the Interstate Compact on the Placement of Children (ICPC).

This agreement ensures that all legal and safety requirements are met in both the sending and receiving states before the child is moved across state lines for adoption.

Before the child can come to Wisconsin:

• The placement must be approved by Wisconsin's ICPC office.

• You must still meet Wisconsin’s requirements, such as completing a home study and training.

• Coordination between state agencies or attorneys is required to manage paperwork and timelines.

Working with an experienced agency familiar with ICPC is highly recommended when pursuing an out-of-state adoption.

Relevant Law: WI Stat. §48.988

Can we advertise for a birth mother?

No. Only licensed agencies may advertise adoption opportunities. Private individuals may not publicly seek a child for adoption.

Relevant Law: WI Stat. §48.825

Can a birth father stop an adoption?

Possibly — but only if he has taken legal steps to establish his parental rights. A birth father who has:

• Legally established paternity, or

• Filed a Declaration of Paternal Interest before the TPR hearing,

has the right to be notified and participate in the adoption process. If he objects, the court will review whether he has been actively involved in the child's life and is fit to parent.

If he hasn’t taken legal steps or hasn’t maintained a relationship with the child, the court may terminate his rights involuntarily.

A father cannot stop an adoption simply by objecting if he hasn't fulfilled these legal responsibilities.

Relevant Law: WI Stat. §48.025, §48.41

What if the birth parents don't sign adoption papers?

An adoption cannot move forward until both birth parents' rights are terminated — either voluntarily (by signing consent in court) or involuntarily (through a legal process).

If a birth parent does not sign the adoption papers:

• The court may pursue involuntary termination of parental rights (TPR), but only if there's a legal reason (such as abandonment, unfitness, or failure to establish paternity).
• This requires a separate court hearing and proof that it is in the child’s best interest.

Until both parents’ rights are terminated, the adoption cannot be finalized.

Relevant Law: WI Stat. §48.41, §48.415

When is an adoption finalized in Wisconsin?

• After TPR is complete for both birth parents

• After a minimum 6-month placement period (unless it’s a stepparent or relative adoption)

• Once post-placement supervision is complete

• After you file a formal adoption petition with the court, including all required documentation (e.g., home study report, proof of training, TPR orders)

The adoption petition is typically filed in the county where the adoptive parents reside and must include detailed information about the child, your family, and the legal steps already completed.

The court will schedule a hearing to review the petition, and if everything is in order, the judge will issue an official order of adoption.

Relevant Laws: WI Stat. §48.90, §48.83

Can birth mothers change their mind?

A birth mother can change her mind up until she gives her consent in court. Once she appears before a judge, gives her consent to terminate her parental rights (TPR), and the judge approves it, the decision becomes final and legally binding.

If she wants to revoke her consent after the court has accepted it, she would have to prove that it was not informed or was coerced. Courts rarely overturn a finalized TPR.

Relevant Law: WI Stat. §48.41

Are adoptive parents on the birth certificate in Wisconsin?

Yes. Once the adoption is finalized, the court will order the issuance of a new birth certificate for the child. This updated record will list the adoptive parents as the child's legal parents.

The original birth certificate (which names the birth parents) is sealed and becomes confidential. The child will usually also take the adoptive family’s last name unless otherwise specified in the adoption order.

Relevant Law: WI Stat. §48.92

What rights do adoptive parents have after adoption?

• You become the child’s legal parents, with full rights and responsibilities

• A new birth certificate is issued with your names

• The child has the same inheritance rights as a biological child

Relevant Law: WI Stat. §48.92

Are open adoptions legally binding in Wisconsin?

Generally, no. Post-adoption contact is allowed only by mutual agreement, and is not legally enforceable in most private adoptions.

While the post-adoption contact agreement (PACA) may not be legally enforceable, adoption agencies like American Adoptions require that all adoptive families be open to some degree of contact with the birth mother due to the numerous benefits of open adoption.

Relevant Law: WI Stat. §48.925

Does ICWA apply to private adoptions in Wisconsin?

Yes. The Indian Child Welfare Act (ICWA) applies if the child is a tribal member or eligible for membership.

• The tribe must be notified and may intervene

• The child must be placed with family or Native adoptive families if possible

• You can still adopt if the tribe supports your placement

Work with an experienced agency to ensure compliance.

More info: dcf.wisconsin.gov/wicwa

What support is available after adoption?

• Access to post-adoption counseling

• Adoption assistance may be available (especially for children with special needs)

• Continued access to medical or background info if needed

Other resources may be available through your adoption agency.

Relevant Law: WI Stat. §48.92

For Adoptees

American Adoptions has completed hundreds of adoptions. If your adoption was done through our agency, we can offer emotional support, help with reunion efforts and navigating your adoption records.

If your adoption was done through a different professional and want to explore adoptee rights, resources and relationship with your birth family, check out this page.

What’s Next?

Whether you're placing a child for adoption or growing your family, navigating Wisconsin’s adoption laws can feel overwhelming—but you don’t have to do it alone. With the right support, the process can be smooth and expertly guided.

Let us help you take the next step—confidently and legally. Contact our adoption specialists today to get personalized guidance backed by experience and local expertise.

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