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How to Adopt an Adult in Wisconsin

Reviewed by DocDraft Legal Team · Wisconsin · Last updated October 7, 2026

Wisconsin keeps adult adoption in a chapter of its own, Wis. Stat. ch. 882, four sections long and entirely separate from the ch. 48 Children's Code that governs adopting a minor. The order a circuit court signs under ch. 882 permanently makes one adult the legal parent of another adult, with the inheritance and next of kin consequences a parent and child relationship carries. Section 882.01 is a single sentence: an adult may be adopted by any other adult who is a resident of this state. No approved categories, no disability requirement, no former stepchild requirement, no minimum number of years between you, and no rule that the adult being adopted even be younger. The residency rule attaches to you, the person adopting, not to the adult you want to adopt, and no length of residence is stated. Consent is equally short. The adult being adopted consents in writing, and your husband or wife either joins the petition or files a written consent, whichever you choose (s. 882.02). Chapter 882 says nothing at all about the adoptee's own spouse and nothing about birth parents. You file in the circuit court for the county where you live, attend a hearing that may be held in chambers, and the judge may order whatever investigation the court considers advisable before ruling on the best interests of the persons involved. Read the inheritance effect closely, because it routes out of ch. 882 into Wis. Stat. 854.20 and lands on criteria that turn partly on the adoptee's 15th birthday. Attorney review of your petition is available through DocDraft.

Find out where you stand in Wisconsin

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Wisconsin?

Any adult. Wis. Stat. 882.01 provides that an adult may be adopted by any other adult who is a resident of this state, and that single sentence is the whole eligibility rule. Chapter 882 attaches no categories, no disability condition, no prior relationship test, and no minimum age gap.

Which court handles an adult adoption in Wisconsin?

The circuit court. Wis. Stat. 882.03 provides that the circuit court has jurisdiction to order an adoption and that the petition is filed in the county where the petitioner resides. Wisconsin runs a single tier trial court, so there is no separate probate or family division to choose between.

Whose consent does Wisconsin require for an adult adoption?

Two consents, both filed in writing with the court under Wis. Stat. 882.02: the consent of the adult being adopted, and the consent of the petitioner's spouse if that spouse has not joined in the petition. Chapter 882 requires nothing from the adoptee's own spouse and nothing from birth parents.

Does Wisconsin require a home study for an adult adoption?

Chapter 882 mandates none. Wis. Stat. 882.04 lets the court grant the order after such investigation as the court considers advisable, so an investigation is possible in any case but required in none. The mandatory investigation in Wis. Stat. 48.88 is triggered by a petition to adopt a child.

Wisconsin adult adoption at a glance

An adult adoption in Wisconsin is a circuit court order creating the full legal relation of parent and child between two adults, with all the rights and duties of that relation (Wis. Stat. 48.92(1), reached through s. 882.04). The governing law is a chapter of its own, ch. 882, four sections and roughly a page long, not the ch. 48 code that handles minors. Section 882.01 opens it to any adult who consents, with the one condition that the adopting adult be a Wisconsin resident. There is no category list, no age gap, and no requirement that the adoptee be younger or live in Wisconsin. Your spouse may join the petition or simply consent. The court may order an investigation but never has to.

A Brown County stepparent adoption where the relationship started late

A Green Bay man married into the family when his stepson was already 22, and that one date is what makes this Wisconsin case worth working through. The stepson is 36 now and lives out of state, which chapter 882 never asks about: s. 882.01 conditions the case only on the petitioner's own Wisconsin residence. The stepson signs a written consent, and because the man's wife is the stepson's birth parent her relationship survives the order under Wis. Stat. 48.92(2). She joins the petition or signs a consent instead (s. 882.02). Both men attend a Brown County circuit court hearing that may be held in chambers. What needs separate thought is her parents' trust, since the parent-like relationship started well past the 15th birthday that Wis. Stat. 854.20(1)(b) names. Attorney review of that question is available through DocDraft.

Relevant Laws

Wis. Stat. 882.01 (who may be adopted as an adult)

The entire eligibility rule, in one sentence: an adult may be adopted by any other adult who is a resident of this state. No categories, no age differential, no requirement that the adoptee be younger, and no residency condition on the adult being adopted.

Wis. Stat. 882.02 (consent)

Requires the consent of the adult to be adopted and the consent of the petitioner's spouse, if that spouse has not joined in the petition, both filed in writing with the court. Says nothing about the adoptee's own spouse and nothing about birth parents.

Wis. Stat. 882.03 (jurisdiction and venue)

Gives the circuit court jurisdiction to order an adoption and directs that the petition be filed in the county where the petitioner resides. Wisconsin has no separate probate or family court with competing adoption jurisdiction.

Wis. Stat. 882.04 (hearing and order)

Requires a hearing, which may be held in chambers and which the petitioner and the adult to be adopted must attend unless the court orders otherwise, permits such investigation as the court considers advisable, and gives the order the same legal consequences as a chapter 48 adoption.

Wis. Stat. 854.20 (status of adopted persons for inheritance)

The section Wis. Stat. 48.92(3) routes inheritance to. Subsection (1)(b) applies the full birth child treatment only if at least one of three criteria is met, including that the adopted person was a minor at adoption or that the parent-like relationship began on or before the 15th birthday.

Regional Variances

Wisconsin adult adoption rules at a glance

Governing chapter

Wis. Stat. ch. 882, Adoption of Adults, sections 882.01 through 882.04. A freestanding chapter, not a subsection of the chapter 48 Children's Code that governs minor adoption. Its chapter note takes definitions from Wis. Stat. ch. 851.

Who may be adopted

Any adult. Wis. Stat. 882.01 reads that an adult may be adopted by any other adult who is a resident of this state. No category list, no disability condition, no former stepchild or foster condition, no prior relationship test.

Age relationship

No minimum number of years, and no requirement that the adult being adopted be younger. Chapter 882 contains no age differential language in any of its four sections (s. 882.01). Adult means age 18 under Wis. Stat. 990.01(3).

Consent of the adoptee

Required, in writing, filed with the court (Wis. Stat. 882.02). Unconditional, with no route that dispenses with it. The adoptee must also attend the hearing unless the court orders otherwise (s. 882.04).

The petitioner's spouse

Joinder or consent, at the petitioner's election. Wis. Stat. 882.02 requires that spouse's written consent only if the spouse has not joined in the petition. The chapter does not state what joining adds.

The adoptee's spouse

No requirement of any kind. Both occurrences of spouse in chapter 882 appear in s. 882.02 and both read the spouse of the petitioner. There is no consent, joinder or notice provision for the adoptee's own husband or wife.

Birth parents

No consent and no notice provision anywhere in chapter 882. The order still completely alters the birth parent relationship under Wis. Stat. 48.92(2), except where the birth parent is the spouse of the adoptive parent.

Court and venue

Circuit court, with the petition filed in the county where the petitioner resides (Wis. Stat. 882.03). The state court system assigns adoption case type code 50601 to its Other case class rather than to Family or Probate.

Residency

The adopting adult must be a resident of this state, with no length of residence stated (Wis. Stat. 882.01). No residency requirement attaches to the adult being adopted, and no county duration applies to venue.

Filing fee

No adoption specific statewide figure. Neither Wis. Stat. 814.61, the clerk of circuit court civil fee schedule, nor Wis. Stat. 814.66, the register in probate fee schedule, carries an adoption line item. Ask your county clerk of circuit court.

Investigation

Discretionary, and the discretion sits in the adult section itself. Wis. Stat. 882.04 permits such investigation as the court considers advisable. Contrast Wis. Stat. 48.88(2)(a), under which the court shall order an investigation when a petition to adopt a child is filed.

Name change

Not addressed in chapter 882, whose four sections never use the word name. The chapter 48 power in Wis. Stat. 48.91(3) is written as changing the name of the minor. The separate adult route is Wis. Stat. 786.36.

Inheritance

Routed, not granted outright. Section 882.04 imports chapter 48 consequences, Wis. Stat. 48.92(3) sends inheritance to ss. 854.20 and 854.21, and s. 854.20(1)(b) applies only if at least one of three criteria is satisfied.

Forms

No statewide adult adoption form. Every form in the state circuit court forms library's Adoption and Adoptive Placements subcategory sits under the Juvenile chapter 48 heading, including JC-1645, Petition for Minor Child Adoption.

Suggested Compliance Checklist

Read chapter 882 end to end

Before you draft anything days after starting

All four sections of Wis. Stat. ch. 882 fit on about a page. Read 882.01 through 882.04 in full rather than relying on chapter 48 guidance, which covers minor adoption and imports placement, screening and mandatory investigation rules that chapter 882 does not contain.

Confirm your Wisconsin residency and your county

Before filing days after starting

Wis. Stat. 882.01 requires the adopting adult to be a resident of this state, and s. 882.03 fixes venue in the county where the petitioner resides. Neither provision sets a length of residence. The adult being adopted need not live in Wisconsin.

Decide spousal joinder or consent

Before you draft the petition days after starting

Wis. Stat. 882.02 requires your spouse's written consent only if that spouse has not joined in the petition. Chapter 882 does not say whether a joining spouse becomes a second adoptive parent, so settle the intended outcome first. Attorney review of that choice is available through DocDraft.

Draft the chapter 882 petition

First document to prepare days after starting

Wisconsin publishes no statewide adult adoption form, and every adoption form in the circuit court forms library sits under the juvenile chapter 48 heading. Prepare an original petition naming you, your spouse where applicable, and the adult to be adopted.

Prepare the written consents

With the petition days after starting

Wis. Stat. 882.02 requires the consent of the adult to be adopted, and your spouse's consent if that spouse is not joining, both filed in writing with the court. Form JC-1646 is a chapter 48 minor adoption form and does not fit.

Check wills and trusts against Wis. Stat. 854.20

Before the hearing days after starting

Section 854.20(1)(b) applies the full birth child treatment only if at least one of three criteria is met, one turning on minority at adoption and one on a parent-like relationship beginning by the 15th birthday. Section 854.21(1)(a) carries the same criteria into class gifts.

File in circuit court and ask about the fee

When the papers are signed days after starting

File the petition and consents with the clerk of circuit court for your county (Wis. Stat. 882.03). No Wisconsin statute sets an adoption specific statewide filing fee and the court system publishes no dollar figure, so confirm the charge with that clerk.

Attend the hearing with the adult being adopted

On your hearing date days after starting

Wis. Stat. 882.04 requires that the hearing be attended by the petitioner and the adult to be adopted unless the court orders otherwise, and allows it to be held in chambers. The court may order such investigation as it considers advisable beforehand.

Frequently Asked Questions

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