We Can Help You Grow Your Family Together Through Adoption
No matter why you are interested in adoption, it is always a big step for you and your family. Adding a new child or adopting your stepchildren is a significant legal endeavor, but one that is undoubtedly worth doing.
The adoption process can be complex for people who are not familiar with it; however, at the O'Neill Law Firm in La Crosse, we have helped many clients and families with adoption. Our founder, Sean O’Neill, has nearly 30 years of experience in helping families and other clients with their legal needs, and he can help you navigate the bureaucracies and hurdles to get your adoption finalized. He is a highly regarded attorney who has earned his reputation by putting his clients first.
We Are Equipped To Help You With Any Type Of Adoption You Are Considering
The process for obtaining an adoption in Wisconsin varies, depending on which of the five methods you are pursuing.
Public Adoption
The first option is public adoption, through which you can apply to adopt a child who is currently in the care of the state’s foster care system. Such adoptions will require that you are at least 21 years of age, are financially capable of caring for the child, can provide a safe home, complete a course of training for adoptive parents and are in good health. If you are married, it must have been for longer than one year, and the average length of this process can vary significantly.
Stepparent Adoption
The remaining options are all private adoptions that are normally either between families or between a family and an adoption agency. One of the most popular options that we help families with are stepparent adoptions, where the stepparent wishes to become the legal parent of the child. Thankfully, this process can be more straightforward than others, and it essentially involves petitioning a court to terminate the parental rights of the birth parent and then petitioning to adopt the child as your own. This will provide an adopted child the same legal rights as a biological child.
Relative Adoption
In some other cases, some people are already taking care of a child for a family member and they wish to make the relationship permanent, or the child may have been removed by the state, but they wish to have them adopted by another family member instead. This usually applies to noncustodial parents, grandparents, older siblings, cousins, aunts or uncles. The process is to petition for a termination of parental rights and then immediately petition for the adoption following that.
Domestic Adoption
Through a private domestic adoption, the mother of the child will have a great deal of control over who adopts the child and the adoptive family will be. She will create an adoption plan and will have the final decision on the family she selects. They will work with a child placement agency to help find the right family that is looking to adopt and help make all of the arrangements for the child. This method has the same placement requirements as a public adoption for age, income, home safety and other categories listed above.
International Adoptions
The last method of adoption available is an international adoption. These are the most complex adoptions, requiring the help of an attorney and adoption agency in order for a child to be placed with you. The requirements for such a process vary greatly depending on where you are looking to adopt from, so it is most important that you get the best team on your side to help you throughout the journey.
Frequently Asked Questions About Adoptions
Adoption comes with many important questions, and our team is here to help you find clear answers from the start.
How long does the adoption process take in Wisconsin?
The timeline for adoption in Wisconsin depends on the type of adoption you pursue. A stepparent adoption may take only a few months to complete when all parties work together and the court schedule allows, while a public or agency-based domestic adoption typically takes much longer, sometimes one to two years or more.
Several factors can affect the overall duration. Home studies, background checks and court scheduling all add time to the process. Parental consent issues or a contested termination of parental rights can also create additional delays. At O'Neill Law Firm, we can give you a clearer sense of what to expect based on your specific situation.
What are the legal requirements for adoption in Wisconsin?
Wisconsin law sets specific standards that prospective adoptive parents must meet before a court will approve an adoption. Understanding these requirements early helps you prepare for what lies ahead:
- Age: Wisconsin establishes minimum age standards for adoptive parents that vary by adoption type. Public adoptions through the state’s foster care system require applicants to be at least 21 years old.
- Background checks: All prospective adoptive parents must complete criminal background checks before the court considers their petition.
- Home study: A licensed professional evaluates your home environment to confirm it meets Wisconsin’s safety and suitability standards.
- Financial stability: You must demonstrate the ability to meet the financial needs of the child.
Once you meet the requirements set out in Wisconsin Statutes Chapter 48, a family court judge must review and approve the adoption before it becomes final. Our team can guide you through each of these requirements and help you put your best case forward.
Do children have to consent to adoption in Wisconsin?
Under Wisconsin law, a child who is 14 or older must generally consent to the adoption in open court before a judge can finalize it. This requirement gives older children a meaningful say in one of the most important decisions of their lives.
For children younger than 14, the court does not require formal consent, but a judge may still take the child’s wishes into consideration. Wisconsin courts base every adoption decision on the best interests of the child, and both the age and maturity of the child can influence how much weight a judge gives to those preferences.
Let Us Help You With Your Adoption
As you may learn as you approach adoption, it is not a simple process in most cases and in order to go through it, you will need an attorney to help you with the court filings and other stages, depending on the type of adoption you are pursuing. Let our compassionate team help you walk this path and be your advocates throughout your legal journey.
Call us at 608-519-4816 so we can help you get started on your way with a free consultation. You may also send us a message online with information about your needs if you would prefer. At O'Neill Law Firm, we put the client first.