The decision to give a child up for adoption is serious and alters the lives of those involved forever. Parents who terminate their rights to a child in Wisconsin have virtually no rights afterward unless the adoptive family consents to an open adoption.
Terminating Rights
A birth mother starts the process by filing a petition for adoption. She can submit the petition anytime after she becomes pregnant. Rights are fully terminated in a court hearing scheduled within 30 days of the court filing.
Before and After the Hearing
Before the hearing, birth parents can change their minds at any time. The birth mother can also choose an adoptive family or decide on an agency to handle the selection. Parents forfeit all rights and responsibilities to their child during the hearing. Afterward, this decision is permanent and cannot be reversed except in matters of legal error, fraud or misrepresentation.
Closed vs. Open Adoptions
Closed adoptions--those in which birth parents and children are not allowed to have any contact--are by far the most common in Wisconsin. Neither party has any knowledge of the the other's whereabouts or identity. Open adoptions--those in which the birth parents have a right to have contact with their children--can occur only with consent of the adoptive parents, who can reverse that decision at any point. These informal arrangements are not enforced by law.
Rights of Birth Fathers
Custody is automatically given to the birth mother in Wisconsin. However, a birth father can file a Declaration of Paternal Interest within 14 days of the child's birth or 21 days after notice of the birth is mailed, whichever is later. If he disagrees with the decision to give the child up for adoption, a birth father possesses the right to ask for custody in court if he wishes to raise his child.
Adulthood
Adopted individuals who are 18 years of age or older can legally search for and contact a birth parent. The birth parent can legally initiate a search as well. Birth parents who terminated their parental rights can freely interact with their biological children once the children reach adulthood.
