Wisconsin Assembly Bill AB107

Wisconsin 2023-2024 Regular Session

• Introduced: 3/14/23
• Refer: 3/14/23
• Failed: 4/15/24

Caption

A disclaimer of parental rights and payments allowed in connection with an adoption.

Impact

The bill notably changes the requirements under existing state laws for termination of parental rights. By allowing affidavits to serve as a legal basis for disclaiming parental rights without court appearances, AB107 seeks to simplify procedures for parents choosing to relinquish their rights. It also allows for financial payments to be made to licensed out-of-state child placement agencies, a shift from current laws that limit such payments to in-state agencies. This could potentially expand the adoption market and streamline interstate adoptions.

Summary

Assembly Bill 107 provides a new legal avenue for parents in Wisconsin to voluntarily terminate their parental rights through a written affidavit, thereby avoiding the need to appear in court. This process is specifically designed for cases involving children under the age of one and does not apply if the child is an Indian child as defined by relevant laws. The bill aims to streamline the termination process while ensuring that the rights of both parents are protected. It asserts that any signature on the affidavit must be witnessed and notarized, emphasizing informed consent from the signatory regarding the implications of termination.

Contention

While the bill aims to facilitate a faster and potentially less intimidating way for parents to navigate the difficult decision of terminating their parental rights, it has sparked concerns about adequate protections for parents who may be making decisions under duress. Critics argue that the processes to revoke a disclaimer and the short time frames involved limit a parent's ability to reconsider their choices thoroughly. The bill’s provisions might be seen as prioritizing expediency over comprehensive legal oversight, raising ethical implications in the realm of child welfare and familial rights.