Wisconsin

Overview

Original Birth Certificates. Wisconsin is a Restricted State. Wisconsin born adult adopted people have no right to obtain a copy of their own original birth record through court order or parental permission. While Wisconsin offers a complex Adoption Records Search Program, the release of the original birth record ultimately depends upon consent or death of birthparents.

How It Works. Wisconsin “impounds” an original birth record after an adoption and releases it only by court order or through Wisconsin’s Adoption Records Search Program. Affirmative consent is required from both birthparents before identifying information or the original birth certificate is released, unless one birth parent is deceased, not known, or cannot be found. If only one birthparent is listed on the OBC and that birth parent is deceased, only the identity of the birth parent is available; a copy of the original birth record will not released in such a case.

The adopted person must be at least 18 years of age to request identifying information through the Wisconsin adoption records search program. A birthparent’s medical information may also be available to an adult adoptee under a separate but similar statute.

Reclaiming Your Original Birth Record. Wisconsin has a process where an adult adopted person may “reclaim” their original birth record, which would then list the birthparents on the official birth certificate. The process actually creates yet another new birth record but replaces adoptive parents with the originally listed birthparents. Nevertheless, reclaiming an original birth record requires a court petition as well as no objection from any birthparents who are still alive, among other requirements.

Contact Preference. A birthparent may indicate a contact preference on a consent form, but the form is only filed if the birthparent also provides consent to release information through the Adoption Records Search Program. Accordingly, it is not a typical contact preference form.

Court Records and Identifying Information. Court records and papers pertaining to an adoption proceeding are “kept in a separate locked file” and may not be disclosed except through the use of the Adoption Records Search Program or by order of the court for good cause shown.

Descendant Rights. Adult children of adopted people (defined as “offspring“) may request and obtain identifying information about birthparents, including the adoptee’s original birth certificate, but only if both the adoptee and all birthparents are deceased.

Adult Adoption. Wisconsin law provides for the adoption of adults. The consent of the adopted person and the proposed adoptive parent are required, as well as the consent of the spouse of the adopting parent unless the spouse is also a petitioner.

Wisconsin Law: Vital Records and Birth Certificates

Relevant parts of Wisconsin vital records law. The entire Wisconsin vital records statute is available here.

Wisc. Code 69.14(3). Registration of Foundlings
(a) Any person who assumes custody of a live born infant of unknown parentage shall file a birth record for the infant within 5 days after assuming custody and shall file the birth record with the following information:

1. The date the registrant was found.
2. The estimated date of birth of the registrant.
3. The address of the place where the registrant was found.
4. The sex and race of the registrant.
5. The name given to the registrant by the filing party.
6. The name, address and signature of the person with whom the registrant has been placed for care. The information under this subdivision shall be entered in the item on the birth record where information on the attendant at birth is required.

(c) If at any time after a birth record is filed for a registrant under this subsection a birth record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

Wisc. Code 69.15. Changes of fact on birth records
(1)  Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

(a) The order provides for an adoption, name change or name change with sex change or establishes paternity; and
(b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

(2) Adoptions.

(a) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new record for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1), that no new record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth record registered for the subject of the adoption. The new record shall show:

1. The name of the registrant.
2. The date and place of birth as transcribed from the original record. The date and place on the original record may not be changed by the court.
3. The names and personal information of the adoptive parents unless otherwise indicated by the court order.
4. The hospital and time of birth as unknown.
5. The filing date on the original record.
6. Any other information necessary to complete the new record.

(b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child’s adoptive name, the adoptive parents’ names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s. 48.97 (3), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.

(c) If the state registrar determines that the registrant of a birth record was adopted without a change in the registrant’s birth record under par. (a) or (b), the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub. (6), a new record for the registrant.

(d) 1. A court shall order the state registrar to prepare for the subject of a birth record a new birth record based on the information on the subject’s original birth record if all of the following circumstances apply:

a. The subject of the birth record petitions the court for a new birth record.
b. The subject is an adult who was the subject of an adoption.
c. The subject did not have the opportunity under par. (a), at the time of the adoption, to request that no new birth record be prepared.
d. The subject knows the identity of each birth parent who is named on his or her original birth record.
e. Each birth parent who is alive and who is named on the subject’s original birth record does not object to the restoration of the information on the subject’s original birth record.

2. If the court grants an order under subd. 1., the state registrar shall prepare under sub. (6) a new birth record using all of the information contained on the original birth record, except for the adoptee’s given name at birth, if different.

3. After preparing a new birth record under subd. 2., the state registrar shall follow the procedure under sub. (6) (b) to impound all other birth records of the subject except the subject’s new birth record.

(e) If the state registrar receives an order under s. 48.97 (2) (d) registering the foreign adoption of a child who was adopted under the circumstances described in s. 48.97 (2), the state registrar shall prepare a certification of birth data for the child using the form in use at the time the court submits the information under s. 48.97 (2)(d). The certification shall indicate the date and place of birth, the child’s adoptive name, the adoptive parents’ names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order registering a foreign adoption order under s. 48.97 (2)(d), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar.

* * * * *

(6) Preparation of new records.

(a) The state registrar shall prepare a new birth record that shall include the date of creation of the new record.

(b) The state registrar shall register a new record created under this section and shall impound the original record or the record registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. 48.432 and 48.433. The state registrar shall send notice of any new record registered under this section to the local registrar who filed the original record. Upon receipt of the copy, the local registrar shall destroy his or her copy of the original record.

(c) If the state registrar changes a birth record on file or registered under this section instead of preparing a new record, the state registrar shall make the change under s. 69.11 (5).

Wisconsin Law: Adoption, Court, and Birth Records

Relevant excerpts from Wisconsin’s adoption law related to court and birth records, including foreign births. The entire Wisconsin adoption statute is available here.

48.93. Records closed
(1)  In this section, “adoptee” has the meaning given in s. 48.432 (1) (a).

(1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g), (1r), (1v), or (1w), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.

(1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child’s medical record under s. 48.425 (1) (am) or with any information provided to the court under s. 48.422 (9) or 48.425 (2), after deleting the names and addresses of the child’s birth parents and the identity of any provider of health care to the child or the child’s birth parents.

(1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18, provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee’s birth parents which it has on file and with nonidentifying social history information about the adoptee’s family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee’s birth parents. The agency may charge a requester a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency.

(1v)(a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in s. 48.028 (9) (a) and (b).

(b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the information specified in s. 48.028 (9) (c).

(1w) At the time a court grants an adoption of a child who was placed for adoption under s. 48.833, 48.834, 48.837, or 48.839, the court shall advise the adoptive parent that the agency that placed the child for adoption under s. 48.833 or 48.834, that was appointed the guardian of the child under s. 48.837 (6) (d), or that negotiated or arranged the placement for adoption under s. 48.839 will provide the names and contact information of the adoptive parent, and name and birth date of the adopted child, to the state-funded postadoption resource center that serves the area within which the parent resides within 90 days after the court grants the adoption unless the adoptive parent elects not to have that information so provided. If the adoptive parent makes that election, the agency may not provide that information. If the adoptive parent does not make that election, the agency shall provide that information within 90 days after the court grants the adoption.

(2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized to place children for adoption shall be transferred to the department and placed in its closed files.

48.94. New birth record
(1)  After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital records and furnish any additional data needed for the new birth record. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth record for the person adopted be not changed, then the court shall so order. In such event no new birth record shall be filed by the state registrar, notwithstanding the provisions of s. 69.15 (2) or any other law of this state.

(2) If the court issues an order under s. 69.15 (2)(d) to restore the information from an adoptee’s original birth record, the state registrar shall issue a new birth certificate containing the information from the adoptee’s original birth record, except for the adoptee’s given name at birth, if different. The restoration of any birth parent’s name on the adoptee’s birth record does not do any of the following:

(a) Affect the legal relationship of parent and adoptee that was created by the order of adoption.
(b) Restore any legal rights or any legal relationship that terminated upon the order of adoption.
(c) Change the adoptee’s legal name.

Section 48.97. Adoption and guardianship orders of other jurisdictions
(1)  Effect and recognition of adoption decrees of other states. When the relationship of parent and child has been created by an order of adoption of a court of any other state, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

(2) Effect and recognition of foreign adoption decrees. If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. citizenship and immigration services, all of the following apply:

(a) The adoption shall be recognized by this state and the rights and obligations of the adoptive parent and child shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

(b) The adoptive parent shall not be required to readopt the child in this state.

(c) Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following:

1. Evidence as to the date, place of birth, and parentage of the child.

2. A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation or a notarized copy of a certified translation of that final order.

3. A sworn statement by the adoptive parent including all of the following:

a. That a home study was completed as required or recognized by this state and the home study recommends the parent as an adoptive parent.
b. That the required preadoption training was completed.
c. That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements.

4. The name and address of the adoptive parents and the child.

5. Any other information necessary for the state registrar to prepare a certification of birth data for the child.

(d) Upon receipt of the letter under par. (c), the court shall enter an order registering the foreign adoption order, and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state registrar.

(e) An order registering the foreign adoption order shall have the same effect as an adoption order granted under s. 48.91.

(3) Effect and recognition of foreign guardianship decrees; additional requirements. If a resident of this state has been appointed guardian of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth and the child was admitted to the United States with an IR-4 or IH-4 visa issued by the U.S. citizenship and immigration services, the guardian shall adopt the child under s. 48.839.

48.432. Access to medical information
(1) In this section:

(a) “Adoptee” means a person who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.

(ag) “Agency” means a county department or a licensed child welfare agency.

(am) “Birth parent” means either:

1. The mother designated on the individual’s or adoptee’s original birth record.
2. One of the following:

a. The adjudicated father.
b. If there is no adjudicated father, the husband of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

(b) “Individual” means a person whose birth parent’s rights have been terminated in this state at any time.

(2)(a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.

(b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child’s birth parents, and the department or agency shall maintain the information in the centralized birth record file.

(3)(a) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:

1. An individual or adoptee 18 years of age or older.
2. An adoptive parent of an adoptee.
3. The guardian or legal custodian of an individual or adoptee.
4. The offspring of an individual or adoptee if the requester is 18 years of age or older.
4m. The parent, guardian, or legal custodian of an offspring of a deceased individual or adoptee, if the offspring is under 18 years of age.
5. An agency or social worker assigned to provide services to the individual or adoptee or place the individual for adoption.

(b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.

(c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.

(4)(a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent’s rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information.

(b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual’s or adoptee’s parents.

(c) Employees of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search.

(d) The department, or agency contracted with under sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

(e) The department or agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical and genetic information.

(f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent’s identity or location.

(g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent’s identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.

(7)(a) If the department or another agency that maintains records relating to the adoption of an adoptee or the termination of parental rights receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the individual or adoptee of the existence of the disease, if he or she is 18 years of age or over, or notify the individual’s or adoptee’s guardian, custodian or adoptive parent if the individual or adoptee is under age 18.

(b) If the department or agency receives a report from a physician that an individual or adoptee has acquired or may have a genetically transferable disease, the department or agency shall notify the individual’s or adoptee’s birth parent of the existence of the disease.

(c) Notice under par. (a) or (b) shall be sent to the most recent address on file with the agency or the department.

(8) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.

(8m) The department, or agency contracted with under sub. (9), shall give priority to all of the following:

(a) Reports filed by physicians under sub. (7).

(b) A request or a court order for medical or genetic information under subs. (3) and (4) if it is accompanied by a statement from a physician certifying that a child has acquired or may have a genetically transferable disease.

(c) Any reports and requests specified by the department by rule.

48.432(9)(9). The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

48.433. Access to identifying information about parents
(1) In this section:

(a) “Agency” has the meaning given under s. 48.432 (1) (ag).
(b) “Birth parent” has the meaning given under s. 48.432 (1) (am).

(2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent’s identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

(3) Any person 18 years of age or over whose birth parent’s rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following:

(a) The person’s original birth certificate.
(b) Any available information regarding the identity and location of his or her birth parents.

(4) Before acting on a request under sub. (3), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification.

(5) The department, or agency contracted with under sub. (11), shall disclose the requested information under sub. (3) in either of the following circumstances:

(a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.
(b) One of the birth parents was unknown at the time of the proceeding for termination of parental rights or consent adoption and the known birth parent has filed an unrevoked affidavit under sub. (2).

(6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request under sub. (3), undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.

(c) Employees of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search.

(d) The department, or agency contracted with under sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

(7) (a) The department or agency conducting the search under sub. (6) shall, upon locating a birth parent, make at least one verbal contact and notify him or her of the following:

1. The nature of the information requested.
2. The date of the request.
3. The fact that the birth parent has the right to file with the department the affidavit under sub. (2).

(b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.

(c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

(d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit, the department may not disclose the requested information.

(e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2).

(f) The department or agency conducting a search under this subsection may not contact a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. Further contacts with a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.

(8) (a) If a birth parent of a requester under sub. (3) is known to be deceased, the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency shall provide the requester with the identity of the deceased parent. If both birth parents are known to be deceased, the department or agency shall provide the requester with his or her original birth certificate. If only one birth parent is known to be deceased, the department or agency shall provide the requester with his or her original birth certificate and any available information it has on file regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).

(b) If a birth parent of a requester under sub. (3) is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.

[Effective March 6, 2022] (8g) (a) In this subsection, “offspring” means an adult who is the child of a person whose birth parents’ parental rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.

(b) Subject to par. (c), an offspring may request the department, or agency contracted with under sub. (11), to provide the offspring with the following:

1. The original birth certificate of the offspring’s parent.
2. Any available information regarding the identity of the birth parents of the offspring’s parent.

(c) Before acting on a request under par. (b), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification of himself or herself and documentation of his or her relationship to the deceased parent.

(d) The department, or agency contracted with under sub. (11), shall disclose the information requested under par. (b) if the offspring’s parent and both birth parents of the offspring’s parent are deceased.

(8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

(8r) (a) In this subsection, “birth parent” has the meaning given in s. 48.432 (1) (am) and includes any other person who may be the person’s biological parent and whose parental rights have been terminated.

(b) Any person 18 years of age or over whose birth parent’s rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the person’s birth parent with any available information about the identity and location of the person. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

(c) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide him or her with any available information about the identity and location of any person 18 years of age or over who was or may have been his or her child. Before acting on the request, the department or agency shall require the requester to provide adequate identification.

(d) If the department, or agency contracted with under sub. (11), has on file an unrevoked affidavit filed under par. (a) by a person 18 years of age or over who was or may have been a child of the requester, the department or agency shall disclose the information requested under par. (b) related to the person who filed the affidavit. In disclosing information under this paragraph, the department or agency may not disclose any information that would reveal the identity or location of a birth parent other than the birth parent requesting the information.

(9) The requester may petition the circuit court to order the department or agency designated by the department to disclose any information that may not be disclosed under this section. The court shall grant the petition for good cause shown.

(10) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.

(11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

48.434. Release of identifying information by an agency when authorization is granted
(1)  In this section:

(a) “Adoptive parent” means a person who has adopted a child in this state or who has adopted in another state a child who was placed for adoption with that person in this state.

(b) “Birth parent” has the meaning given under s. 48.432 (1) (am).

(2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 or that was appointed the guardian of the child under s. 48.837 (6)(d) a written authorization for the agency to release any available information about the birth parent’s identity and location to one or both adoptive parents of the child.

(3) Any adoptive parent of a child may file with the agency that placed the child for adoption under s. 48.833 or that was appointed the guardian of the child under s. 48.837 (6)(d) a written authorization for the agency to release any available information about the adoptive parent’s identity and location to one or both birth parents of the child.

(4) A written authorization filed under sub. (2) or (3) may be revoked at any time by notifying the agency in writing.

(5) Upon the request of an adoptive parent of a child, the agency receiving the request shall provide to the adoptive parent any available information about the identity and location of a birth parent of the child if the agency has on file an unrevoked written authorization filed by that birth parent under sub. (2) authorizing the release of that information to the adoptive parent.

(6) Upon the request of a birth parent of a child, the agency receiving the request shall provide to the birth parent any available information about the identity and location of an adoptive parent of the child if the agency has on file an unrevoked written authorization filed by that adoptive parent under sub. (3) authorizing the release of that information to the birth parent.

(7) This section does not apply if the adopted child is 21 years of age or over.

(8) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.

(9) An agency may assess a reasonable fee for responding to a request for information or a request to file a written authorization under this section.

(10) No agency may contact any person for the purpose of determining whether the person wishes to authorize the agency to release information under this section. An agency may contact the birth parent or adoptive parent of a child who was adopted before April 29, 1998, one time, by mail, to inform them of the procedure by which identifying information may be released under this section.

(11) A written authorization filed with an agency under this section shall be notarized.

Wisconsin Law: Adoption Generally

Relevant excerpts from Wisconsin’s adoption law. The entire Wisconsin adoption statute is available here.

48.81. Who may be adopted
Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met:

(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 adopted under s. 48.97(3).

48.82. Who may adopt
(1) The following persons are eligible to adopt a minor if they are residents of this state:

(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
(b) An unmarried adult.

(3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.

(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.

(5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.

(6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.

48.838. Foreign adoption fees
(1)  In this section, “foreign adoption” means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under this subchapter.

(2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications and approvals required by state and federal law.

(3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents, for adoptions that occur in a foreign country.

48.839. Adoption of foreign children
(1)  Bond required.

(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction, before bringing the child into this state for the purpose of adopting the child, shall file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before he or she is adopted.

(b) By filing the bond required under par. (a), the child’s guardian and the surety submit to the jurisdiction of the court in the county in which the guardian resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served. Their liability on the bond may be enforced without the commencement of an independent action.

(c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the guardian and the surety to show cause why judgment on the bond should not be entered for the department. If neither the guardian nor the surety appear for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the guardian and the surety.

(d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

(e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 49.32 (1) (b) or 49.345 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance for the child until he or she reaches age 18 or is adopted.

(f) The department may waive the bond requirement under this subsection.

(2)  Evidence of availability for adoption required.

(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction and who intends to bring the child into this state for the purpose of adopting the child shall file with the department a certified copy of the judgment or order of a court of the foreign jurisdiction or other instrument having the effect under the laws of the foreign jurisdiction of freeing the child for adoption. If the instrument is not a judgment or order of a court, the guardian shall also file with the department a copy of the law under which the instrument was issued, unless the department waives this requirement. The guardian shall also file English translations of the court judgment or order or other instrument and of the law. The department shall return the originals to the guardian and keep on file a copy of each document.

(b) If the guardian files a judgment or order of a court under par. (a), the department shall review the judgment or order. If the department determines that the judgment or order has the effect of freeing the child for adoption, if the department has been furnished with a copy of a home study that was conducted as provided in s. 48.88 (2) recommending the guardian as an adoptive parent, if a licensed child welfare agency has been identified to provide the services required under sub. (5), if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. citizenship and immigration services that all preadoptive requirements of this state that can be met before the child’s arrival in the United States have been met.

(c) If the guardian files an instrument other than a judgment or order of a court under par. (a), the department shall review the instrument. If the department determines that the instrument has the effect under the laws of the foreign jurisdiction of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending the adoptive parents, if a licensed child welfare agency has been identified to provide the services required under sub. (5), if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. citizenship and immigration services that all preadoptive requirements of this state that can be met prior to the child’s arrival in the United States have been met.

(3)  Petition for adoption or termination of parental rights required.

(a) Within 60 days after the arrival of a child brought into this state from a foreign jurisdiction for the purpose of adoption, the individual who is the child’s guardian shall file a petition to adopt the child, a petition to terminate parental rights to the child, or both. If only a petition to terminate parental rights to the child is filed under this paragraph, the individual guardian shall file a petition for adoption within 60 days of the order terminating parental rights. The individual guardian shall file with the court the documents filed with the department under sub. (2) (a).

(b) Except as provided in par. (a) and sub. (4) (a), the termination of a parent’s parental rights to a child who is a citizen of a foreign jurisdiction is not required prior to the child’s adoption by his or her guardian.

(c) If a petition for adoption is filed under par. (a), the individual guardian filing the petition shall file a copy of the petition with the department at the time the petition is filed with the court. If the individual guardian filed an instrument other than a court order or judgment under sub. (2) (a), the department may make a recommendation to the court as to whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child for adoption.

(d) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed an instrument other than a court order or judgment under sub. (2) (a), the court shall determine whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child for adoption. The court shall presume that the instrument has that effect unless there are substantial irregularities on the face of the document or unless the department shows good cause for believing that the instrument does not have that effect. If the court determines that the instrument does not have the effect of freeing the child for adoption, the court shall order the petitioner to file a petition to terminate parental rights under s. 48.42 within 10 days.

(e) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed a court order or judgment under sub. (2) (a), the court order or judgment shall be legally sufficient evidence that the child is free for adoption.

(4)  Transfer of guardianship; forfeiture of bond. If a guardian does not file a petition as required under sub. (3) (a) or (d), or if the petition for adoption under sub. (3) is withdrawn or denied, the court:

(a) Shall transfer guardianship of the child to the department, to a county department under s. 48.57 (1) (e) or (hm) or to a child welfare agency under s. 48.61 (5) and order the guardian to file a petition for termination of parental rights under s. 48.42 within 10 days.

(b) Shall transfer legal custody of the child to the department, in a county having a population of 750,000 or more, to a county department or to a child welfare agency licensed under s. 48.60.

(c) Shall order the guardian who filed the bond under sub. (1) (a) to show cause why the bond should not be forfeited.

(d) May order that physical custody of the child remain with a suitable individual with whom the child has been living.

(5)  Child welfare services required. Any child welfare agency licensed under s. 48.60 that negotiates or arranges the placement of a child for adoption under this section shall provide services to the child and to the proposed adoptive parents until the child’s adoption is final.

48.92. Effect of adoption
(1)  After the order of adoption is entered the relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent thereafter exists between the adopted person and the adoptive parents.

(2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person’s birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.

(3) Rights of inheritance by, from and through an adopted child are governed by ss. 854.20 and 854.21.

(4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under s. 48.48 (12).

48.97. Adoption and guardianship orders of other jurisdictions
(1)  Effect and recognition of adoption decrees of other states. When the relationship of parent and child has been created by an order of adoption of a court of any other state, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

(2)  Effect and recognition of foreign adoption decrees. If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. citizenship and immigration services, all of the following apply:

(a) The adoption shall be recognized by this state and the rights and obligations of the adoptive parent and child shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.

(b) The adoptive parent shall not be required to readopt the child in this state.

(c) Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following:

1. Evidence as to the date, place of birth, and parentage of the child.

2. A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation or a notarized copy of a certified translation of that final order.

3. A sworn statement by the adoptive parent including all of the following:

a. That a home study was completed as required or recognized by this state and the home study recommends the parent as an adoptive parent.

b. That the required preadoption training was completed.

c. That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements.

4. The name and address of the adoptive parents and the child.

5. Any other information necessary for the state registrar to prepare a certification of birth data for the child.

(d) Upon receipt of the letter under par. (c), the court shall enter an order registering the foreign adoption order, and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state registrar.

(e) An order registering the foreign adoption order shall have the same effect as an adoption order granted under s. 48.91.

48.97(3)(3). Effect and recognition of foreign guardianship decrees; additional requirements. If a resident of this state has been appointed guardian of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth and the child was admitted to the United States with an IR-4 or IH-4 visa issued by the U.S. citizenship and immigration services, the guardian shall adopt the child under s. 48.839.

Wisconsin Law: Adult Adoption

The entirety of Wisconsin’s adult adoption statute.

882.01. Adoption of adults
An adult may be adopted by any other adult, who is a resident of this state.

882.02. Consent
The consent of the adult to be adopted and the consent of the spouse of the petitioner, if that spouse has not joined in the petition under s. 882.01, shall be filed in writing with the court.

882.03. Jurisdiction and venue
The circuit court shall have jurisdiction to order an adoption. The petition shall be filed in the county where the petitioner resides.

882.04. Hearing and order
After a hearing on the petition, which may be held in chambers and which shall be attended by the petitioner and the adult to be adopted, unless the court orders otherwise, and after such investigation as the court considers advisable, if the court finds that it is to the best interests of the persons involved, an order of adoption may be granted which shall have the same legal consequences as an order of adoption of a minor under ch. 48.