Wisconsin Assembly Bill AB70

Wisconsin 2025-2026 Regular Session

• Introduced: 2/24/25
• Refer: 2/24/25

Caption

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

Impact

The changes introduced by AB70 are likely to have significant implications for state laws regarding parental rights and adoption. It amends existing statutes to create provisions under which parents can voluntarily terminate their rights with a notarized affidavit, provided they meet specific conditions. This includes requirements for the affidavit's content, revocation periods, and the involvement of legal counsel. The bill also introduces a waiting period before an adoption can be finalized following the execution of such disclaimers, thereby aiming to ensure due process in matters of parental rights.

Summary

Assembly Bill 70 establishes a new process for parents to disclaim their parental rights over children under one year of age through the execution of an affidavit instead of requiring court appearances. The bill is aimed at providing more straightforward avenues in the termination of parental rights while ensuring that the rights of the parents are still considered. By allowing parents to file a written disclaimer, the legislation seeks to streamline adoption processes, particularly for non-Indian children, and reduce the burden on families and courts by simplifying procedures surrounding adoption.

Contention

Despite its objectives, there are potential points of contention surrounding AB70. Critics may argue that the ease of terminating parental rights through an affidavit could lead to impulsive decisions by parents, particularly in sensitive situations shortly after childbirth. Additionally, concerns have been raised about ensuring adequate protections for minor parents and the appropriateness of counseling provided before executing such documents. Furthermore, the bill's application concerning the Indian Child Welfare Act raises questions about compliance and the safeguarding of the rights of Native American families.

Further_notes

AB70 also stipulates that payments for adoption-related services can be made to licensed out-of-state private child placing agencies, which broadens the scope of services that can be utilized during adoption procedures. This inclusion may foster more competitive practices among agencies but might also necessitate regulatory oversight to ensure standards are maintained.