Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB70 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1990/1
3	3	EHS:cdc
4	4	2025 ASSEMBLY BILL 70
5	5	February 24, 2025 - Introduced by Representatives MAXEY, ARMSTRONG, ALLEN,
6	6	BEHNKE, GUNDRUM, KNODL, KREIBICH, MURPHY, PRONSCHINSKE, TUSLER and
7	7	WICHGERS, cosponsored by Senators JACQUE and TOMCZYK. Referred to
8	8	Committee on Children and Families.
9	9
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 48.41 (1), 48.42 (2) (a), 48.46 (2), 48.837 (5) and 48.91 (3); to
12	12	create 48.41 (2) (bm) and 48.913 (1) (em) of the statutes; relating to: a
13	13	disclaimer of parental rights and payments allowed in connection with an
14	14	adoption.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill provides a method by which a mother, father, or alleged or presumed
17	17	father may disclaim his or her parental rights with respect to a child under the age
18	18	of one who is not an Indian child in writing as an alternative to appearing in court
19	19	to consent to the termination of his or her parental rights. The bill also allows
20	20	payments to be made to a licensed out-of-state private child placing agency for
21	21	services provided in connection with an adoption.
22	22	Disclaimer of parental rights
23	23	Subject to certain exceptions, current law generally requires a birth parent to
24	24	appear in court to consent to the termination of his or her parental rights. This bill
25	25	adds an exception that allows a mother, father, or alleged or presumed father to
26	26	avoid appearing in court if he or she files with the court an affidavit disclaiming his
27	27	or her parental rights with respect to a child under the age of one and if no
28	28	participant in the court proceeding knows or has reason to know that the child is an
29	29	Indian child. A minor may use such an affidavit of disclaimer only after the TPR
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33	33	4 2025 - 2026 Legislature
34	34	ASSEMBLY BILL 70
35	35	- 2 - LRB-1990/1
36	36	EHS:cdc
37	37	petition has been filed, he or she has been offered legal counseling, and he or she
38	38	has been appointed a guardian ad litem and only if the guardian ad litem approves
39	39	the disclaimer. The affidavit must comply with certain requirements, including
40	40	that it must be witnessed and notarized and must include a statement that the
41	41	parent understands the effect of an order to terminate parental rights and that he
42	42	or she voluntarily disclaims any rights that he or she may have to the child. The bill
43	43	requires the court to review the affidavit and make findings on whether it meets all
44	44	of the requirements.
45	45	Under the bill, the affidavit containing a disclaimer of parental rights may be
46	46	executed before the birth of the child by the father or alleged or presumed father but
47	47	not the mother and may be executed by either parent 120 hours or more after the
48	48	birth until the child[s first birthday; however, the affidavit may not be executed by
49	49	either parent from birth until 120 hours after the birth or on or after the child[s
50	50	first birthday.
51	51	Under the bill, if executed by the father or alleged or presumed father before
52	52	the child[s birth, the disclaimer is revokable for any reason until 72 hours after
53	53	execution or 120 hours after the birth, whichever is later. If executed by the mother,
54	54	the disclaimer is revocable for any reason until 72 hours after execution. If not
55	55	revoked by the applicable time limit, the disclaimer is irrevocable unless obtained
56	56	by fraud or duress. Under the bill, no action to invalidate a disclaimer, including an
57	57	action based on fraud or duress, may be commenced more than three months after
58	58	the affidavit was executed. If parental rights to a child are terminated based upon
59	59	such a disclaimer of parental rights, the bill prohibits a court from entering an
60	60	order granting adoption of the child until three months have passed since the
61	61	affidavit was executed.
62	62	The bill requires the agency making the placement of the child for adoption,
63	63	whether the agency is the Department of Children and Families, the county
64	64	department of human services or social services, or a licensed child welfare agency,
65	65	to offer both counseling and legal counseling to the person disclaiming his or her
66	66	parental rights, at the agency[s expense, prior to execution of the affidavit. The
67	67	person must acknowledge in the affidavit that he or she has been offered these
68	68	counseling and legal counseling sessions and whether or not he or she accepted
69	69	them.
70	70	Payments relating to adoption
71	71	This bill allows payments to be made to an out-of-state private child placing
72	72	agency that is licensed in the state in which it operates for services provided in
73	73	connection with an adoption and, where applicable, in compliance with the federal
74	74	Indian Child Welfare Act, as certified to DCF. Under the bill, a private child placing
75	75	agency means a private corporation, agency, foundation, institution, or charitable
76	76	organization, or any private person or attorney, that facilitates, causes, or is
77	77	involved in the placement of a child from one state to another state. Current law 2025 - 2026 Legislature
78	78	ASSEMBLY BILL 70
79	79	- 3 - LRB-1990/1
80	80	EHS:cdc
81	81	SECTION 1
82	82	allows payments for such services only to a child welfare agency licensed in this
83	83	state.
84	84	The people of the state of Wisconsin, represented in senate and assembly, do
85	85	enact as follows:
86	86	SECTION 1. 48.41 (1) of the statutes is amended to read:
87	87	48.41 (1) The court may terminate the parental rights of a parent after the
88	88	parent has given his or her consent as specified in this section. When such
89	89	voluntary consent is given as provided in this section sub. (2) (a), (b), or (c) to (e) or
90	90	when an affidavit of disclaimer of parental rights executed under sub. (2) (bm) is
91	91	irrevocable, the judge may proceed immediately to a disposition of the matter after
92	92	considering the standard and factors specified in s. 48.426.
93	93	SECTION 2. 48.41 (2) (bm) of the statutes is created to read:
94	94	48.41 (2) (bm) 1. Subject to subd. 1m., a mother, father, or presumed or
95	95	alleged father may consent to the termination of any parental rights that he or she
96	96	may have with respect to a child who is under one year of age if no participant in the
97	97	court proceeding, including the mother, father, or presumed or alleged father, knows
98	98	or has reason to know that the child is an Indian child by the method provided in
99	99	par. (a) or (b) or by filing with the court an affidavit of disclaimer of parental rights
100	100	that is signed by 2 witnesses and notarized and that meets the requirements under
101	101	subds. 2. to 8.
102	102	1m. A minor may consent to the termination of any parental rights that he or
103	103	she may have with respect to a child by using an affidavit of disclaimer under subd.
104	104	1. only after the petition to terminate parental rights has been filed, the agency has
105	105	offered the minor legal counseling under subd. 11., and he or she has been
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125	125	20 2025 - 2026 Legislature
126	126	ASSEMBLY BILL 70
127	127	- 4 - LRB-1990/1
128	128	EHS:cdc
129	129	SECTION 2
130	130	appointed a guardian ad litem and only if the guardian ad litem approves the
131	131	disclaimer.
132	132	2. All of the following apply to the affidavit of disclaimer of parental rights
133	133	under subd. 1.:
134	134	a. The affidavit may not be executed after the birth of the child until 120
135	135	hours after the birth of the child and may not be executed on or after the child[s first
136	136	birthday. The father or presumed or alleged father may, but the mother may not,
137	137	execute the affidavit before the birth of the child.
138	138	b. If executed by the father or presumed or alleged father, the affidavit is
139	139	revocable for any reason until 72 hours after execution or 120 hours after the birth
140	140	of the child, whichever is later, as provided under subd. 9. If executed by the
141	141	mother, the affidavit is revocable for any reason until 72 hours after execution, as
142	142	provided in subd. 9.
143	143	c. The affidavit is irrevocable if not revoked for any reason by the mother,
144	144	father, or presumed or alleged father by the applicable time limit provided under
145	145	subd. 2. b., unless it was obtained by fraud or duress.
146	146	d. Except as provided in s. 48.028 (5) (b) and (c) and (6), no action to invalidate
147	147	the affidavit, including an action based on fraud or duress, may be commenced
148	148	more than 3 months after the date the affidavit was executed.
149	149	3. An affidavit under subd. 1. shall contain all of the following:
150	150	a. The name, county of residence, and age of the parent whose parental rights
151	151	are being terminated.
152	152	b. The name, age, and birth date of the child, if born.
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175	175	23 2025 - 2026 Legislature
176	176	ASSEMBLY BILL 70
177	177	- 5 - LRB-1990/1
178	178	EHS:cdc
179	179	SECTION 2
180	180	c. The names and addresses of the guardians of the person whose parental
181	181	rights are being terminated, if that person is a minor, and of the estate of the child,
182	182	if any.
183	183	d. A statement of whether the person whose parental rights are being
184	184	terminated is or is not presently obligated by court order to make payments for the
185	185	support of the child.
186	186	e. A full description and statement of value of all property the child owns or
187	187	possesses.
188	188	f. An allegation that termination of parental rights is in the best interest of
189	189	the child.
190	190	g. The name and county of residence of any other parent or presumed or
191	191	alleged father or a statement that the child has no other parent or presumed or
192	192	alleged father.
193	193	h. If applicable, a statement that the parental rights of the other parent or
194	194	presumed or alleged father have been terminated by death or court order.
195	195	i. A statement containing the information and understandings specified in
196	196	subd. 4.
197	197	j. A statement that there is or is not any reason to believe that the child is an
198	198	Indian child.
199	199	k. The date and time that the affidavit is executed.
200	200	4. An affidavit under subd. 1. shall contain a statement in substantially the
201	201	following form:
202	202	XI have been informed of and understand all of the following:
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225	225	23 2025 - 2026 Legislature
226	226	ASSEMBLY BILL 70
227	227	- 6 - LRB-1990/1
228	228	EHS:cdc
229	229	SECTION 2
230	230	A. That a court order terminating parental rights will permanently end all
231	231	legal rights and duties that exist between me and the child, such as the duty to
232	232	support, the right to custody and visitation, and the right to inherit.
233	233	B. That there are parenting-related services that would be available to me if I
234	234	chose not to consent to the termination of my parental rights.
235	235	C. That this affidavit may not be executed less than 120 hours after the birth
236	236	of the child, on or after the child[s first birthday, or by the child[s mother before the
237	237	birth of the child.
238	238	D. That the child[s father or presumed or alleged father has the right to revoke
239	239	an affidavit of disclaimer for any reason until 72 hours after execution or 120 hours
240	240	after the birth of the child, whichever is later, and the child[s mother may revoke the
241	241	affidavit for any reason until 72 hours after execution.
242	242	E. That the affidavit is irrevocable if not revoked for any reason by the mother,
243	243	father, or presumed or alleged father by the applicable time limit under D., above,
244	244	unless it was obtained by fraud or duress.
245	245	F. That no action to invalidate the affidavit, including an action based on
246	246	fraud or duress, may be commenced more than 3 months after the date the affidavit
247	247	was executed.
248	248	G. Prior to executing this affidavit I have been offered counseling at the
249	249	expense of the agency that is placing the child for adoption. I have accepted/refused
250	250	(circle one) this counseling.
251	251	H. If I am younger than 18 years of age, prior to executing this affidavit I have
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273	273	22 2025 - 2026 Legislature
274	274	ASSEMBLY BILL 70
275	275	- 7 - LRB-1990/1
276	276	EHS:cdc
277	277	SECTION 2
278	278	been offered legal counseling at the expense of the agency that is placing the child
279	279	for adoption. I have accepted/refused (circle one) this legal counseling.Y
280	280	5. An affidavit under subd. 1. shall contain a statement that the person whose
281	281	parental rights are being terminated voluntarily disclaims any rights that he or she
282	282	may have to the child, including the right to notice of proceedings under this
283	283	chapter.
284	284	6. If a guardian has not been appointed under s. 48.979, an affidavit under
285	285	subd. 1. may contain the nomination of the department, a county department
286	286	authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare
287	287	agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the
288	288	child and the nominated guardian[s address.
289	289	6m. The person disclaiming his or her parental rights shall choose at least one
290	290	of the witnesses to the affidavit, and that witness shall certify that he or she was
291	291	chosen by that person. Each witness to the affidavit shall certify to all of the
292	292	following:
293	293	a. That he or she has no professional or fiduciary interest in the disclaimer or
294	294	the adoption of the child.
295	295	b. That he or she has knowledge of the relationship between the person
296	296	disclaiming his or her parental rights and the child.
297	297	c. That he or she has discussed the decision to execute the affidavit with the
298	298	person disclaiming his or her parental rights and that, to the best of the witness[s
299	299	knowledge, the affidavit is being signed voluntarily.
300	300	d. That he or she is neutral.
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323	323	23 2025 - 2026 Legislature
324	324	ASSEMBLY BILL 70
325	325	- 8 - LRB-1990/1
326	326	EHS:cdc
327	327	SECTION 2
328	328	7. A copy of the affidavit shall be provided to the person whose parental rights
329	329	are being terminated at the time he or she signs the affidavit.
330	330	8. The affidavit may not contain terms for post-termination contact between
331	331	the child and the person whose parental rights are to be terminated as a condition
332	332	of the disclaimer of parental rights.
333	333	9. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
334	334	mother, father, or presumed or alleged father shall sign a statement revoking the
335	335	disclaimer of parental rights that is notarized. A copy of the revocation shall be
336	336	filed with the clerk of court. A revocation is not valid unless it is executed by the
337	337	father or presumed or alleged father before 72 hours after execution of the affidavit
338	338	or 120 hours after the birth of the child, whichever is later, or executed by the
339	339	mother before 72 hours after execution of the affidavit.
340	340	10. The agency that is making the placement of the child for adoption shall
341	341	offer counseling to a mother, father, or presumed or alleged father who intends to
342	342	execute an affidavit under this paragraph prior to executing the affidavit with a
343	343	counselor who is qualified to provide such counseling.
344	344	11. The agency that is making the placement of the child for adoption shall
345	345	offer to a mother, father, or presumed or alleged father who is a minor and who
346	346	intends to execute an affidavit under this paragraph legal counseling with an
347	347	attorney who does not represent the agency or adoptive parents prior to executing
348	348	the affidavit.
349	349	12. An affidavit of disclaimer of parental rights under this paragraph is not
350	350	effective if it would violate s. 48.028 or the federal Indian Child Welfare Act, 25 USC
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373	373	23 2025 - 2026 Legislature
374	374	ASSEMBLY BILL 70
375	375	- 9 - LRB-1990/1
376	376	EHS:cdc
377	377	SECTION 2
378	378	1901 to 1963, or any regulations promulgated thereunder or if the agency
379	379	responsible for securing the adoption of the child knows or has reason to know the
380	380	child is an Indian child.
381	381	13. The court shall review an affidavit of disclaimer of parental rights to
382	382	ensure it meets the requirements under subds. 2 to 8. The court shall make
383	383	findings on the record stating whether the affidavit meets those requirements and
384	384	whether all participants in the court proceeding, including the mother, father, or
385	385	presumed or alleged father, have stated that they do not know or have reason to
386	386	know that the child is an Indian child.
387	387	SECTION 3. 48.42 (2) (a) of the statutes is amended to read:
388	388	48.42 (2) (a) The parent or parents of the child, unless the child[s parent has
389	389	waived the right to notice under s. 48.41 (2) (d), or the child[s parent or presumed or
390	390	alleged father has waived the right to notice under s. 48.41 (2) (bm).
391	391	SECTION 4. 48.46 (2) of the statutes is amended to read:
392	392	48.46 (2) A parent who has consented to the termination of his or her parental
393	393	rights under s. 48.41 or who did not contest the petition initiating the proceeding in
394	394	which his or her parental rights were terminated may move the court for relief from
395	395	the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f).
396	396	Any such motion shall be filed within 30 days after the entry of the judgment or
397	397	order terminating parental rights, unless the parent files a timely notice of intent to
398	398	pursue relief from the judgment under s. 808.04 (7m), in which case the motion
399	399	shall be filed within the time permitted by s. 809.107 (5). A motion under this
400	400	subsection does not affect the finality or suspend the operation of the judgment or
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423	423	23 2025 - 2026 Legislature
424	424	ASSEMBLY BILL 70
425	425	- 10 - LRB-1990/1
426	426	EHS:cdc
427	427	SECTION 4
428	428	order terminating parental rights. A parent who has consented to the termination
429	429	of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move
430	430	for relief from the judgment under s. 48.028 (5) (c) or (6). A parent who has
431	431	consented to the termination of his or her parental rights to a child by filing an
432	432	affidavit of disclaimer of parental rights under s. 48.41 (2) (bm) may also bring an
433	433	action to invalidate the affidavit as provided under s. 48.41 (2) (bm) 2. d. Motions
434	434	under this subsection or s. 48.028 (5) (c) or (6) or 48.41 (2) (bm) 2. d. and appeals to
435	435	the court of appeals shall be the exclusive remedies for such a parent to obtain a
436	436	new hearing in a termination of parental rights proceeding.
437	437	SECTION 5. 48.837 (5) of the statutes is amended to read:
438	438	48.837 (5) ATTENDANCE AT HEARING. The child, if he or she is 12 years of age
439	439	or over, and each petitioner shall attend the hearing on the petition under sub. (2).
440	440	The child, if he or she is 12 years of age or over, and each parent having custody of
441	441	the child shall attend the hearing on the petition under sub. (3), except that a
442	442	parent who has consented to the termination of his or her parental rights in writing
443	443	under s. 48.41 (2) (b), (bm), or (d) is not required to attend the hearing. If the parent
444	444	who has custody of the child consents and the court approves, the proposed adoptive
445	445	parents may be present at the hearing on the petition under sub. (3). The court
446	446	may, for good cause, waive the requirement that the child attend either of the
447	447	hearings.
448	448	SECTION 6. 48.91 (3) of the statutes is amended to read:
449	449	48.91 (3) If Subject to this subsection, if after the hearing and a study of the
450	450	report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89,
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473	473	23 2025 - 2026 Legislature
474	474	ASSEMBLY BILL 70
475	475	- 11 - LRB-1990/1
476	476	EHS:cdc
477	477	SECTION 6
478	478	the court is satisfied that the necessary consents or recommendations have been
479	479	filed and that the adoption is in the best interests of the child, the court shall make
480	480	an order granting the adoption. If parental rights to the child were terminated
481	481	based upon an affidavit under s. 48.41 (2) (bm), the court may not make an order
482	482	granting adoption until 3 months have passed since the date the affidavit was
483	483	executed. In determining whether the adoption is in the best interests of an Indian
484	484	child, the court shall comply with the order of placement preference under s. 48.028
485	485	(7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as
486	486	described in s. 48.028 (7) (e), for departing from that order. The order may change
487	487	the name of the minor to that requested by petitioners.
488	488	SECTION 7. 48.913 (1) (em) of the statutes is created to read:
489	489	48.913 (1) (em) Services provided in connection with the adoption by a private
490	490	child placing agency, as defined in s. 48.99 (2) (p), that is licensed under the laws of
491	491	the state in which it operates, and, where applicable, in compliance with the federal
492	492	Indian Child Welfare Act, 25 USC 1901 to 1963, as certified to the department.
493	493	(END)
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