Does the other parent still owe child support after a stepparent adoption in Wisconsin?

Going forward, no. Wis. Stat. 48.92(2) ends all rights, duties and other legal consequences of the relationship with the birth parent who is not your spouse once the adoption order is entered. Past due support is different: in Hernandez v. Allen, 2005 WI App 247, the Wisconsin Court of Appeals held that 48.92(2) does not cancel support arrearages a parent became liable for before termination. Ask the county child support agency how to handle any balance.

How does a stepparent adoption in Wisconsin affect inheritance and relatives' visits?

Under Wis. Stat. 48.92(1), the child becomes your child for all purposes, and 48.92(3) says inheritance by, from and through the child is governed by separate inheritance statutes. Ties to the other parent's side end, while your spouse's ties stay intact. A relative who kept a relationship similar to a parent-child relationship within the 2 years before petitioning may ask the court for visitation under 48.925, if it is in the child's best interest and the other conditions there are met.

What if the other parent objects to a stepparent adoption in Wisconsin?

The adoption can go forward only if that parent's rights are terminated involuntarily. A 48.415 ground, such as 6 months or longer without visiting or communicating after leaving the child with any person, when the parent knew or could discover where the child was, must be proved by clear and convincing evidence, with a jury available on request. The parent can defeat abandonment only by proving good cause for failing both to visit and to communicate. The court then decides on the child's best interests and may dismiss. Many families talk with a family law attorney first.

How long does a stepparent adoption take in Wisconsin, and what does it cost?

A stepparent can file at any time (Wis. Stat. 48.90(1)(b)), with no six month in-home period. The first termination hearing is held within 30 days of filing (48.422(1)), the screening report is due within 30 days (48.88(2)(c)), and the adoption hearing is set within 90 days (48.88(1m)). A contested termination can take longer. Filing fees are set by the county circuit court, so ask the clerk.

Does my spouse have to join the adoption petition in Wisconsin?

No. Wis. Stat. 48.82(1)(a) lets either the husband or wife adopt alone if the other spouse is a parent of the minor. Your spouse's own rights are not affected, because 48.92(2) ends only the relationship with the birth parent who is not the spouse of the adoptive parent. Your spouse can join you in asking the court not to change the birth record under 48.94(1).

Stepparent Adoption in Wisconsin

Reviewed by DocDraft Legal Team - Wisconsin - Last updated October 6, 2026

Wisconsin has no route that simply excuses the other parent's consent. Under Wis. Stat. 48.81(4), a stepparent can adopt only if the stepparent is the spouse of the child's parent with whom the child and that parent reside, and the other parent is deceased or that parent's rights have been terminated. Under 48.835(3)(b), a stepparent with whom the child and the child's parent reside files a petition to terminate the parental rights of the parent who does not have custody, usually on form JC-1630, alongside the Petition for Minor Child Adoption, form JC-1645, in the circuit court. Termination comes either from that parent's voluntary consent under 48.41, or from a ground in 48.415 proved by clear and convincing evidence, followed by a finding of unfitness and a disposition in which the child's best interests are the prevailing factor. Instead of a full home study, the court orders a single-interview screening under 48.88(2)(c) when no agency is the child's guardian, and a stepparent can file at any time with no six month waiting period.

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How are the other parent's rights ended in a Wisconsin stepparent adoption?

Wisconsin has no consent bypass. The stepparent, living with the child and the child's parent, files and serves a petition to terminate the noncustodial parent's rights. That parent can consent voluntarily under Wis. Stat. 48.41, or the court or a jury must find a 48.415 ground by clear and convincing evidence, after which the child's best interests decide the disposition.

Which court and which forms are used for a stepparent adoption in Wisconsin?

File in the circuit court of the county where you or the child live, or where the termination petition was filed or granted (Wis. Stat. 48.83(1)). The statewide forms are JC-1645, Petition for Minor Child Adoption, and JC-1630, Petition for Termination of Parental Rights. The court then issues JC-1643, its order for hearing and screening.

Is a home study required for a stepparent adoption in Wisconsin?

Usually not a full one. If no agency is the child's guardian, Wis. Stat. 48.88(2)(c) has the court order a screening of no more than one interview with you and a public records background check, reported within 30 days. After reading it, the court may proceed or order a full investigation.

At what age must the child consent to a stepparent adoption in Wisconsin?

Wisconsin's adoption statutes do not set an age at which the child must consent. Instead, Wis. Stat. 48.88(1m) requires notice of the adoption hearing to a child 12 years of age or over, and 48.91(1) requires a child 14 or older to attend the hearing unless the court orders otherwise.

Wisconsin: termination of parental rights comes first

Wisconsin frames every stepparent adoption around ending the other parent's rights, not around excusing a consent. Wis. Stat. 48.81(4) lets a child be adopted when '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 the other parent is deceased or that parent's rights 'have been terminated.' Under 48.835(3)(b), 'if the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child,' and under 48.835(4) the court may hold the adoption hearing immediately after entering the termination order. The other parent can consent voluntarily under 48.41, by appearing personally at the hearing or, when a stepparent adoption follows, by filing an affidavit witnessed by 2 persons under 48.41(2)(d). Without that, a ground in 48.415 must be proved by clear and convincing evidence (48.31(1)), with a jury on request (48.422(4)). The ground most stepparents look at is abandonment under 48.415(1)(a)3: the child 'has been left by the parent with any person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of 6 months or longer.' Incidental contact does not prevent that finding, periods when a court order barred contact do not count, and the parent can defeat it only by proving, by a preponderance of the evidence, good cause for failing both to visit and to communicate under 48.415(1)(c). If grounds are found, the court finds the parent unfit (48.424(4)) and decides disposition with the child's best interests as the prevailing factor (48.426(2)). File the JC-1645 adoption petition and the JC-1630 termination petition in the circuit court; a stepparent may petition at any time (48.90(1)(b)), but adopters must be Wisconsin residents (48.82(1)). The court orders a single-interview screening rather than a full home study when no agency is the guardian (48.88(2)(c)). No statute sets an age for the child's consent, but a child 14 or older attends the hearing unless excused (48.91(1)).

Relevant Laws

Wis. Stat. 48.41 (Voluntary consent to termination of parental rights)

The court may accept a parent's voluntary consent only if the parent appears personally and the judge is satisfied it is informed and voluntary, or by the alternatives in 48.41(2)(b). When the termination is held before a stepparent adoption, 48.41(2)(d) also allows an affidavit witnessed by 2 persons disclaiming all rights to the child.

Wis. Stat. 48.415 (Grounds for involuntary termination of parental rights)

Lists the grounds the court or jury decides at the fact-finding hearing, proved by clear and convincing evidence under 48.31(1). Abandonment under 48.415(1)(a)3 requires that the child was left with any person, the parent knows or could discover the child's whereabouts, and the parent failed to visit or communicate for 6 months or longer, subject to the good cause defense for failing both to visit and to communicate (48.415(1)(c)).

Wis. Stat. 48.88 (Notice of hearing; investigation)

Requires an adoption hearing within 90 days of filing. When a stepparent petitions and no agency has guardianship, 48.88(2)(c) replaces the full investigation with a screening of no more than one interview and a public records background check, reported within 30 days, after which the court may proceed or order a full investigation.

Wisconsin circuit court form JC-1645 (Petition for Minor Child Adoption)

The statewide adoption petition under Wis. Stat. 48.90, revised 10/25, with boxes for a stepparent petitioner, the date the other parent's rights were or will be terminated, a name change, and a new birth record. It is filed with form JC-1630, Petition for Termination of Parental Rights, and the court issues JC-1643, Order for Hearing and Screening (Stepparent Adoption).

Regional Variances

Wisconsin stepparent adoption requirements

Court

Circuit court of the county where the proposed adoptive parent or child resides, or where the termination petition was filed or granted (Wis. Stat. 48.83(1)).

Petition form

JC-1645, Petition for Minor Child Adoption, filed with JC-1630, Petition for Termination of Parental Rights (IW-1630 for an Indian child). The court issues JC-1643, Order for Hearing and Screening (Stepparent Adoption).

Other parent's consent

No consent to the adoption itself; the noncustodial parent's rights must be terminated (48.81(4), 48.835(3)(b)). Voluntary termination under 48.41: in person at the hearing, or by an affidavit witnessed by 2 persons when held before a stepparent adoption (48.41(2)(d)).

Proceeding without consent

Involuntary termination on a 48.415 ground proved by clear and convincing evidence (48.31(1)), jury on request (48.422(4)), then unfitness finding and best-interest disposition (48.424(4), 48.426(2)). Example: abandonment, 48.415(1)(a)3, child left with any person, parent knows or could discover whereabouts, no visit or communication for 6 months or longer; good cause defense for failing both to visit and to communicate (48.415(1)(c)).

Home study

When no agency has guardianship, a stepparent screening of no more than one interview plus a public records background check, report within 30 days; the court may then order a full investigation (48.88(2)(c)).

Residency or waiting period

Adoptive parents must be Wisconsin residents (48.82(1)) and the child present in Wisconsin at filing (48.81). A stepparent may file at any time, with no six month in-home period (48.90(1)(b), (2)).

Child's consent age

No statutory consent age. Notice of the adoption hearing goes to a child 12 or over (48.88(1m)), and a child 14 or older attends the hearing unless the court orders otherwise (48.91(1)).

Suggested Compliance Checklist

Decide how the other parent's rights will be terminated

Before filing days after starting

Ask whether the other parent will consent voluntarily under Wis. Stat. 48.41, in person or by an affidavit witnessed by 2 persons under 48.41(2)(d). If not, gather proof for a 48.415 ground, such as abandonment under 48.415(1)(a)3 (child left with any person, parent knows or could discover where the child is, no visit or communication for 6 months or longer), which must be proved by clear and convincing evidence and is subject to the good cause defense for failing both to visit and to communicate (48.415(1)(c)).

File JC-1645 and JC-1630 in the circuit court

At filing days after starting

File the Petition for Minor Child Adoption and the Petition for Termination of Parental Rights, with the UCCJEA declaration JC-1630 calls for, in the circuit court of a county allowed by Wis. Stat. 48.83(1). Ask the clerk for the filing fees.

Serve the other parent and mail the hearing order

Before the first termination hearing days after starting

Have the other parent served with the summons and termination petition before the hearing held within 30 days of filing (Wis. Stat. 48.422(1)). Mail the JC-1643 Order for Hearing and Screening to interested persons, and cooperate with the screening interview so the report can be filed within 30 days.

Prepare any voluntary consent or affidavit

Before the termination hearing days after starting

If the other parent will not appear in person, ask the court which alternative under Wis. Stat. 48.41(2)(b) or the 48.41(2)(d) affidavit it will accept, and make sure the affidavit is witnessed by 2 persons and states the parent understands the effect of termination.

Confirm the child's new name and update records

After the adoption order days after starting

Enter the new name on JC-1645 so the adoption order can change it under Wis. Stat. 48.91(3), and confirm the clerk sent the order to vital records for the new birth record (48.94(1)). A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide how the other parent's rights will be terminated	Ask whether the other parent will consent voluntarily under Wis. Stat. 48.41, in person or by an affidavit witnessed by 2 persons under 48.41(2)(d). If not, gather proof for a 48.415 ground, such as abandonment under 48.415(1)(a)3 (child left with any person, parent knows or could discover where the child is, no visit or communication for 6 months or longer), which must be proved by clear and convincing evidence and is subject to the good cause defense for failing both to visit and to communicate (48.415(1)(c)).	-	Before filing
File JC-1645 and JC-1630 in the circuit court	File the Petition for Minor Child Adoption and the Petition for Termination of Parental Rights, with the UCCJEA declaration JC-1630 calls for, in the circuit court of a county allowed by Wis. Stat. 48.83(1). Ask the clerk for the filing fees.	-	At filing
Serve the other parent and mail the hearing order	Have the other parent served with the summons and termination petition before the hearing held within 30 days of filing (Wis. Stat. 48.422(1)). Mail the JC-1643 Order for Hearing and Screening to interested persons, and cooperate with the screening interview so the report can be filed within 30 days.	-	Before the first termination hearing
Prepare any voluntary consent or affidavit	If the other parent will not appear in person, ask the court which alternative under Wis. Stat. 48.41(2)(b) or the 48.41(2)(d) affidavit it will accept, and make sure the affidavit is witnessed by 2 persons and states the parent understands the effect of termination.	-	Before the termination hearing
Confirm the child's new name and update records	Enter the new name on JC-1645 so the adoption order can change it under Wis. Stat. 48.91(3), and confirm the clerk sent the order to vital records for the new birth record (48.94(1)). A separate name change petition is needed only for name changes outside the adoption.	name-change-petition	After the adoption order

Frequently Asked Questions

Other Wisconsin guides

Adverse Possession in Wisconsin: Twenty, Ten or Seven Years, and the Affidavit That Stops It

Asset Protection Planning in Wisconsin (2026)

Dealing With Debt Collectors in Wisconsin (2026)

Expunging a Criminal Record in Wisconsin (2026)

Filing a Workplace Harassment Complaint in Wisconsin

Filing Chapter 7 Bankruptcy in Wisconsin (2026)

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