What's New in the Law?

**Because Birthparent Forum is administered by a Wisconsin adoption agency, most of our information relates specifically to laws in our state.  If you have news about legislative changes in your state, please submit it to us and we will post accordingly.  Thank you!

Wisconsin - Putative (Possible) Father Registry

in July 2006, a Paternal Interest Registry was developed for birthfathers in Wisconsin.  If a person belives he is the father of a child, he may register with the Registry by filling out a Declaration of Paternal Interest (http://dhfs.wisconsin.gov/forms/DCFS/CFS0019a.pdf).  The form askes for the name and address of the possible father, the name and last known address for the child's mother, and the month and year of birth or expected birth of the child.  The form must be signed and verfied under oath or affirmation before a notary.  If the person is under 18 years of age, his parent or legal guardian must also sign.  This form must be filed before the birth of the child, within 14 days after the birth of the child, or 21 days after the putative father recives notice that the mother is seeking to terminate her parental rights and has identified him as the father.  If a declaration is filed, the possible father will receive notice if the child is involved in a termination of parental rights court action.  Filing a declaration of paternal interest does not establish parental rights to a child.  The putative father will need to take further action to establish and protect his rights and responsiblities as a father or to relinquish his rights as a father.  For more information, http://dhfs.wisconsin.gov/children/PatIntReg/index.htm.  Many other states have some form of putative father registries, and there seems to be a movement to create more in the last few months.  Look up your state: http://laws.adoption.com/statutes/putative-fathers-2.html.

Wisconsin - Authorized Payments to Birthparents

In April of 2006, the Wisconsin State Legislature voted to revise the circumstances in which adoptive parents could offer financial assistance to their birthparent. An expectant mother is allowed to get monetary help from adoptive parents when she is making an adoption plan; however, there are very strict regulations on what is legal.  The following is a list of acceptable expenses:

• Pre and post adoptive counseling for the birthmother and alleged or presumed birthfather
• Maternity clothes for the birthmother (not to exceed $300)
• Local transportation expenses for the expectant parent related to the pregnancy and adoption (example:bus tickets to get to a prenatal appointment)
• Adoption agency expenses
• Medical and hospital care of the birthmother related to the birth and pregnancy (This does NOT include lost wages or living expenses of the mother)
• Medical and hospital care received by the child
• Legal services of the parent(s)and child in connection with the adoption
• Expectant mother's living expenses up to $5000 if necessary to protect the health and welfare of the mother or child (this could include things like rent, heat, water, NOT student loans, car payments, or satellite TV)
• Birthing or lamaze classes
• Foster care costs, if the adoption is completed
• Formula, diapers, and other reasonable baby expenses, if the adoption is completed, and the birthmother is caring for the child before relenquishment
• Gift to the birthmother in an amount no greater than $100

The law still requires payments by the adoptive parents to be given directly to the provider of the services (example: they will mail a rent check directly to your landlord).  They are not permitted to give cash, check, or other payment directly to the birthparent. Any money exchanged must be recorded, is often passed through the agency, and must be reported in court.

Wisconsin - Adoption Search

In April of 2006, the Wisconsin State Legislature voted to lower the age at which a person whose birth parent's rights have been terminated or has been adopted in this state many request information about his or her birth parents from 21 years of age to 18 years.  Any person 18 or older who's birth parents' rights have been terminates or has been adopted may request DHFS to provide the person with his or her original birth certificate and any available information regarding the identity and location of his or her birth parents.

Wisconsin - Relative Adoptions

In March of 2006, the Wisconsin State Legislature voted to amend the definition of 'relative' as it relates to adoption.  Prior to the amendment, family adoptions were limited to parents, grandparents, stepparents, brothers, sisters, first cousins, nephews, nieces, uncles, or aunts by blood, marriage, or adoption.  This definition was expanded to include stepbrother, stepsister, half brother, half sister, brother in law, sister in law, second cousin, stepuncle, stepaunt, or any person of the preceding generation as denoted by the prefix on Grand, Great, or great-great, or the spouse of any person names, even if the marriage is terminated by death or divorce.  This expanded definition of family enables child welfare workers to place more children in 'family' situations before turning to placement options outside the family.