Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB79 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0053/1
3	3	EHS:cdc
4	4	2025 SENATE BILL 79
5	5	February 26, 2025 - Introduced by Senators JACQUE and TOMCZYK, cosponsored by
6	6	Representatives MAXEY, ARMSTRONG, ALLEN, BEHNKE, GUNDRUM, KNODL,
7	7	KREIBICH, MURPHY, PRONSCHINSKE, WICHGERS and TUSLER. Referred to
8	8	Committee on Mental Health, Substance Abuse Prevention, Children and
9	9	Families.
10	10	AN ACT to amend 48.41 (1), 48.42 (2) (a), 48.46 (2), 48.837 (5) and 48.91 (3); to
11	11	create 48.41 (2) (bm) and 48.913 (1) (em) of the statutes; relating to: a
12	12	disclaimer of parental rights and payments allowed in connection with an
13	13	adoption.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill provides a method by which a mother, father, or alleged or presumed
16	16	father may disclaim his or her parental rights with respect to a child under the age
17	17	of one who is not an Indian child in writing as an alternative to appearing in court
18	18	to consent to the termination of his or her parental rights. The bill also allows
19	19	payments to be made to a licensed out-of-state private child placing agency for
20	20	services provided in connection with an adoption.
21	21	Disclaimer of parental rights
22	22	Subject to certain exceptions, current law generally requires a birth parent to
23	23	appear in court to consent to the termination of his or her parental rights. This bill
24	24	adds an exception that allows a mother, father, or alleged or presumed father to
25	25	avoid appearing in court if he or she files with the court an affidavit disclaiming his
26	26	or her parental rights with respect to a child under the age of one and if no
27	27	participant in the court proceeding knows or has reason to know that the child is an
28	28	Indian child. A minor may use such an affidavit of disclaimer only after the TPR
29	29	1
30	30	2
31	31	3
32	32	4 2025 - 2026 Legislature
33	33	SENATE BILL 79
34	34	- 2 - LRB-0053/1
35	35	EHS:cdc
36	36	petition has been filed, he or she has been offered legal counseling, and he or she
37	37	has been appointed a guardian ad litem and only if the guardian ad litem approves
38	38	the disclaimer. The affidavit must comply with certain requirements, including
39	39	that it must be witnessed and notarized and must include a statement that the
40	40	parent understands the effect of an order to terminate parental rights and that he
41	41	or she voluntarily disclaims any rights that he or she may have to the child. The bill
42	42	requires the court to review the affidavit and make findings on whether it meets all
43	43	of the requirements.
44	44	Under the bill, the affidavit containing a disclaimer of parental rights may be
45	45	executed before the birth of the child by the father or alleged or presumed father but
46	46	not the mother and may be executed by either parent 120 hours or more after the
47	47	birth until the child[s first birthday; however, the affidavit may not be executed by
48	48	either parent from birth until 120 hours after the birth or on or after the child[s
49	49	first birthday.
50	50	Under the bill, if executed by the father or alleged or presumed father before
51	51	the child[s birth, the disclaimer is revokable for any reason until 72 hours after
52	52	execution or 120 hours after the birth, whichever is later. If executed by the mother,
53	53	the disclaimer is revocable for any reason until 72 hours after execution. If not
54	54	revoked by the applicable time limit, the disclaimer is irrevocable unless obtained
55	55	by fraud or duress. Under the bill, no action to invalidate a disclaimer, including an
56	56	action based on fraud or duress, may be commenced more than three months after
57	57	the affidavit was executed. If parental rights to a child are terminated based upon
58	58	such a disclaimer of parental rights, the bill prohibits a court from entering an
59	59	order granting adoption of the child until three months have passed since the
60	60	affidavit was executed.
61	61	The bill requires the agency making the placement of the child for adoption,
62	62	whether the agency is the Department of Children and Families, the county
63	63	department of human services or social services, or a licensed child welfare agency,
64	64	to offer both counseling and legal counseling to the person disclaiming his or her
65	65	parental rights, at the agency[s expense, prior to execution of the affidavit. The
66	66	person must acknowledge in the affidavit that he or she has been offered these
67	67	counseling and legal counseling sessions and whether or not he or she accepted
68	68	them.
69	69	Payments relating to adoption
70	70	This bill allows payments to be made to an out-of-state private child placing
71	71	agency that is licensed in the state in which it operates for services provided in
72	72	connection with an adoption and, where applicable, in compliance with the federal
73	73	Indian Child Welfare Act, as certified to DCF. Under the bill, a private child placing
74	74	agency means a private corporation, agency, foundation, institution, or charitable
75	75	organization, or any private person or attorney, that facilitates, causes, or is
76	76	involved in the placement of a child from one state to another state. Current law 2025 - 2026 Legislature
77	77	SENATE BILL 79
78	78	- 3 - LRB-0053/1
79	79	EHS:cdc
80	80	SECTION 1
81	81	allows payments for such services only to a child welfare agency licensed in this
82	82	state.
83	83	The people of the state of Wisconsin, represented in senate and assembly, do
84	84	enact as follows:
85	85	SECTION 1. 48.41 (1) of the statutes is amended to read:
86	86	48.41 (1) The court may terminate the parental rights of a parent after the
87	87	parent has given his or her consent as specified in this section. When such
88	88	voluntary consent is given as provided in this section sub. (2) (a), (b), or (c) to (e) or
89	89	when an affidavit of disclaimer of parental rights executed under sub. (2) (bm) is
90	90	irrevocable, the judge may proceed immediately to a disposition of the matter after
91	91	considering the standard and factors specified in s. 48.426.
92	92	SECTION 2. 48.41 (2) (bm) of the statutes is created to read:
93	93	48.41 (2) (bm) 1. Subject to subd. 1m., a mother, father, or presumed or
94	94	alleged father may consent to the termination of any parental rights that he or she
95	95	may have with respect to a child who is under one year of age if no participant in the
96	96	court proceeding, including the mother, father, or presumed or alleged father, knows
97	97	or has reason to know that the child is an Indian child by the method provided in
98	98	par. (a) or (b) or by filing with the court an affidavit of disclaimer of parental rights
99	99	that is signed by 2 witnesses and notarized and that meets the requirements under
100	100	subds. 2. to 8.
101	101	1m. A minor may consent to the termination of any parental rights that he or
102	102	she may have with respect to a child by using an affidavit of disclaimer under subd.
103	103	1. only after the petition to terminate parental rights has been filed, the agency has
104	104	offered the minor legal counseling under subd. 11., and he or she has been
105	105	1
106	106	2
107	107	3
108	108	4
109	109	5
110	110	6
111	111	7
112	112	8
113	113	9
114	114	10
115	115	11
116	116	12
117	117	13
118	118	14
119	119	15
120	120	16
121	121	17
122	122	18
123	123	19
124	124	20 2025 - 2026 Legislature
125	125	SENATE BILL 79
126	126	- 4 - LRB-0053/1
127	127	EHS:cdc
128	128	SECTION 2
129	129	appointed a guardian ad litem and only if the guardian ad litem approves the
130	130	disclaimer.
131	131	2. All of the following apply to the affidavit of disclaimer of parental rights
132	132	under subd. 1.:
133	133	a. The affidavit may not be executed after the birth of the child until 120
134	134	hours after the birth of the child and may not be executed on or after the child[s first
135	135	birthday. The father or presumed or alleged father may, but the mother may not,
136	136	execute the affidavit before the birth of the child.
137	137	b. If executed by the father or presumed or alleged father, the affidavit is
138	138	revocable for any reason until 72 hours after execution or 120 hours after the birth
139	139	of the child, whichever is later, as provided under subd. 9. If executed by the
140	140	mother, the affidavit is revocable for any reason until 72 hours after execution, as
141	141	provided in subd. 9.
142	142	c. The affidavit is irrevocable if not revoked for any reason by the mother,
143	143	father, or presumed or alleged father by the applicable time limit provided under
144	144	subd. 2. b., unless it was obtained by fraud or duress.
145	145	d. Except as provided in s. 48.028 (5) (b) and (c) and (6), no action to invalidate
146	146	the affidavit, including an action based on fraud or duress, may be commenced
147	147	more than 3 months after the date the affidavit was executed.
148	148	3. An affidavit under subd. 1. shall contain all of the following:
149	149	a. The name, county of residence, and age of the parent whose parental rights
150	150	are being terminated.
151	151	b. The name, age, and birth date of the child, if born.
152	152	1
153	153	2
154	154	3
155	155	4
156	156	5
157	157	6
158	158	7
159	159	8
160	160	9
161	161	10
162	162	11
163	163	12
164	164	13
165	165	14
166	166	15
167	167	16
168	168	17
169	169	18
170	170	19
171	171	20
172	172	21
173	173	22
174	174	23 2025 - 2026 Legislature
175	175	SENATE BILL 79
176	176	- 5 - LRB-0053/1
177	177	EHS:cdc
178	178	SECTION 2
179	179	c. The names and addresses of the guardians of the person whose parental
180	180	rights are being terminated, if that person is a minor, and of the estate of the child,
181	181	if any.
182	182	d. A statement of whether the person whose parental rights are being
183	183	terminated is or is not presently obligated by court order to make payments for the
184	184	support of the child.
185	185	e. A full description and statement of value of all property the child owns or
186	186	possesses.
187	187	f. An allegation that termination of parental rights is in the best interest of
188	188	the child.
189	189	g. The name and county of residence of any other parent or presumed or
190	190	alleged father or a statement that the child has no other parent or presumed or
191	191	alleged father.
192	192	h. If applicable, a statement that the parental rights of the other parent or
193	193	presumed or alleged father have been terminated by death or court order.
194	194	i. A statement containing the information and understandings specified in
195	195	subd. 4.
196	196	j. A statement that there is or is not any reason to believe that the child is an
197	197	Indian child.
198	198	k. The date and time that the affidavit is executed.
199	199	4. An affidavit under subd. 1. shall contain a statement in substantially the
200	200	following form:
201	201	XI have been informed of and understand all of the following:
202	202	1
203	203	2
204	204	3
205	205	4
206	206	5
207	207	6
208	208	7
209	209	8
210	210	9
211	211	10
212	212	11
213	213	12
214	214	13
215	215	14
216	216	15
217	217	16
218	218	17
219	219	18
220	220	19
221	221	20
222	222	21
223	223	22
224	224	23 2025 - 2026 Legislature
225	225	SENATE BILL 79
226	226	- 6 - LRB-0053/1
227	227	EHS:cdc
228	228	SECTION 2
229	229	A. That a court order terminating parental rights will permanently end all
230	230	legal rights and duties that exist between me and the child, such as the duty to
231	231	support, the right to custody and visitation, and the right to inherit.
232	232	B. That there are parenting-related services that would be available to me if I
233	233	chose not to consent to the termination of my parental rights.
234	234	C. That this affidavit may not be executed less than 120 hours after the birth
235	235	of the child, on or after the child[s first birthday, or by the child[s mother before the
236	236	birth of the child.
237	237	D. That the child[s father or presumed or alleged father has the right to revoke
238	238	an affidavit of disclaimer for any reason until 72 hours after execution or 120 hours
239	239	after the birth of the child, whichever is later, and the child[s mother may revoke the
240	240	affidavit for any reason until 72 hours after execution.
241	241	E. That the affidavit is irrevocable if not revoked for any reason by the mother,
242	242	father, or presumed or alleged father by the applicable time limit under D., above,
243	243	unless it was obtained by fraud or duress.
244	244	F. That no action to invalidate the affidavit, including an action based on
245	245	fraud or duress, may be commenced more than 3 months after the date the affidavit
246	246	was executed.
247	247	G. Prior to executing this affidavit I have been offered counseling at the
248	248	expense of the agency that is placing the child for adoption. I have accepted/refused
249	249	(circle one) this counseling.
250	250	H. If I am younger than 18 years of age, prior to executing this affidavit I have
251	251	1
252	252	2
253	253	3
254	254	4
255	255	5
256	256	6
257	257	7
258	258	8
259	259	9
260	260	10
261	261	11
262	262	12
263	263	13
264	264	14
265	265	15
266	266	16
267	267	17
268	268	18
269	269	19
270	270	20
271	271	21
272	272	22 2025 - 2026 Legislature
273	273	SENATE BILL 79
274	274	- 7 - LRB-0053/1
275	275	EHS:cdc
276	276	SECTION 2
277	277	been offered legal counseling at the expense of the agency that is placing the child
278	278	for adoption. I have accepted/refused (circle one) this legal counseling.Y
279	279	5. An affidavit under subd. 1. shall contain a statement that the person whose
280	280	parental rights are being terminated voluntarily disclaims any rights that he or she
281	281	may have to the child, including the right to notice of proceedings under this
282	282	chapter.
283	283	6. If a guardian has not been appointed under s. 48.979, an affidavit under
284	284	subd. 1. may contain the nomination of the department, a county department
285	285	authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare
286	286	agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the
287	287	child and the nominated guardian[s address.
288	288	6m. The person disclaiming his or her parental rights shall choose at least one
289	289	of the witnesses to the affidavit, and that witness shall certify that he or she was
290	290	chosen by that person. Each witness to the affidavit shall certify to all of the
291	291	following:
292	292	a. That he or she has no professional or fiduciary interest in the disclaimer or
293	293	the adoption of the child.
294	294	b. That he or she has knowledge of the relationship between the person
295	295	disclaiming his or her parental rights and the child.
296	296	c. That he or she has discussed the decision to execute the affidavit with the
297	297	person disclaiming his or her parental rights and that, to the best of the witness[s
298	298	knowledge, the affidavit is being signed voluntarily.
299	299	d. That he or she is neutral.
300	300	1
301	301	2
302	302	3
303	303	4
304	304	5
305	305	6
306	306	7
307	307	8
308	308	9
309	309	10
310	310	11
311	311	12
312	312	13
313	313	14
314	314	15
315	315	16
316	316	17
317	317	18
318	318	19
319	319	20
320	320	21
321	321	22
322	322	23 2025 - 2026 Legislature
323	323	SENATE BILL 79
324	324	- 8 - LRB-0053/1
325	325	EHS:cdc
326	326	SECTION 2
327	327	7. A copy of the affidavit shall be provided to the person whose parental rights
328	328	are being terminated at the time he or she signs the affidavit.
329	329	8. The affidavit may not contain terms for post-termination contact between
330	330	the child and the person whose parental rights are to be terminated as a condition
331	331	of the disclaimer of parental rights.
332	332	9. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
333	333	mother, father, or presumed or alleged father shall sign a statement revoking the
334	334	disclaimer of parental rights that is notarized. A copy of the revocation shall be
335	335	filed with the clerk of court. A revocation is not valid unless it is executed by the
336	336	father or presumed or alleged father before 72 hours after execution of the affidavit
337	337	or 120 hours after the birth of the child, whichever is later, or executed by the
338	338	mother before 72 hours after execution of the affidavit.
339	339	10. The agency that is making the placement of the child for adoption shall
340	340	offer counseling to a mother, father, or presumed or alleged father who intends to
341	341	execute an affidavit under this paragraph prior to executing the affidavit with a
342	342	counselor who is qualified to provide such counseling.
343	343	11. The agency that is making the placement of the child for adoption shall
344	344	offer to a mother, father, or presumed or alleged father who is a minor and who
345	345	intends to execute an affidavit under this paragraph legal counseling with an
346	346	attorney who does not represent the agency or adoptive parents prior to executing
347	347	the affidavit.
348	348	12. An affidavit of disclaimer of parental rights under this paragraph is not
349	349	effective if it would violate s. 48.028 or the federal Indian Child Welfare Act, 25 USC
350	350	1
351	351	2
352	352	3
353	353	4
354	354	5
355	355	6
356	356	7
357	357	8
358	358	9
359	359	10
360	360	11
361	361	12
362	362	13
363	363	14
364	364	15
365	365	16
366	366	17
367	367	18
368	368	19
369	369	20
370	370	21
371	371	22
372	372	23 2025 - 2026 Legislature
373	373	SENATE BILL 79
374	374	- 9 - LRB-0053/1
375	375	EHS:cdc
376	376	SECTION 2
377	377	1901 to 1963, or any regulations promulgated thereunder or if the agency
378	378	responsible for securing the adoption of the child knows or has reason to know the
379	379	child is an Indian child.
380	380	13. The court shall review an affidavit of disclaimer of parental rights to
381	381	ensure it meets the requirements under subds. 2 to 8. The court shall make
382	382	findings on the record stating whether the affidavit meets those requirements and
383	383	whether all participants in the court proceeding, including the mother, father, or
384	384	presumed or alleged father, have stated that they do not know or have reason to
385	385	know that the child is an Indian child.
386	386	SECTION 3. 48.42 (2) (a) of the statutes is amended to read:
387	387	48.42 (2) (a) The parent or parents of the child, unless the child[s parent has
388	388	waived the right to notice under s. 48.41 (2) (d), or the child[s parent or presumed or
389	389	alleged father has waived the right to notice under s. 48.41 (2) (bm).
390	390	SECTION 4. 48.46 (2) of the statutes is amended to read:
391	391	48.46 (2) A parent who has consented to the termination of his or her parental
392	392	rights under s. 48.41 or who did not contest the petition initiating the proceeding in
393	393	which his or her parental rights were terminated may move the court for relief from
394	394	the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f).
395	395	Any such motion shall be filed within 30 days after the entry of the judgment or
396	396	order terminating parental rights, unless the parent files a timely notice of intent to
397	397	pursue relief from the judgment under s. 808.04 (7m), in which case the motion
398	398	shall be filed within the time permitted by s. 809.107 (5). A motion under this
399	399	subsection does not affect the finality or suspend the operation of the judgment or
400	400	1
401	401	2
402	402	3
403	403	4
404	404	5
405	405	6
406	406	7
407	407	8
408	408	9
409	409	10
410	410	11
411	411	12
412	412	13
413	413	14
414	414	15
415	415	16
416	416	17
417	417	18
418	418	19
419	419	20
420	420	21
421	421	22
422	422	23 2025 - 2026 Legislature
423	423	SENATE BILL 79
424	424	- 10 - LRB-0053/1
425	425	EHS:cdc
426	426	SECTION 4
427	427	order terminating parental rights. A parent who has consented to the termination
428	428	of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move
429	429	for relief from the judgment under s. 48.028 (5) (c) or (6). A parent who has
430	430	consented to the termination of his or her parental rights to a child by filing an
431	431	affidavit of disclaimer of parental rights under s. 48.41 (2) (bm) may also bring an
432	432	action to invalidate the affidavit as provided under s. 48.41 (2) (bm) 2. d. Motions
433	433	under this subsection or s. 48.028 (5) (c) or (6) or 48.41 (2) (bm) 2. d. and appeals to
434	434	the court of appeals shall be the exclusive remedies for such a parent to obtain a
435	435	new hearing in a termination of parental rights proceeding.
436	436	SECTION 5. 48.837 (5) of the statutes is amended to read:
437	437	48.837 (5) ATTENDANCE AT HEARING. The child, if he or she is 12 years of age
438	438	or over, and each petitioner shall attend the hearing on the petition under sub. (2).
439	439	The child, if he or she is 12 years of age or over, and each parent having custody of
440	440	the child shall attend the hearing on the petition under sub. (3), except that a
441	441	parent who has consented to the termination of his or her parental rights in writing
442	442	under s. 48.41 (2) (b), (bm), or (d) is not required to attend the hearing. If the parent
443	443	who has custody of the child consents and the court approves, the proposed adoptive
444	444	parents may be present at the hearing on the petition under sub. (3). The court
445	445	may, for good cause, waive the requirement that the child attend either of the
446	446	hearings.
447	447	SECTION 6. 48.91 (3) of the statutes is amended to read:
448	448	48.91 (3) If Subject to this subsection, if after the hearing and a study of the
449	449	report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89,
450	450	1
451	451	2
452	452	3
453	453	4
454	454	5
455	455	6
456	456	7
457	457	8
458	458	9
459	459	10
460	460	11
461	461	12
462	462	13
463	463	14
464	464	15
465	465	16
466	466	17
467	467	18
468	468	19
469	469	20
470	470	21
471	471	22
472	472	23 2025 - 2026 Legislature
473	473	SENATE BILL 79
474	474	- 11 - LRB-0053/1
475	475	EHS:cdc
476	476	SECTION 6
477	477	the court is satisfied that the necessary consents or recommendations have been
478	478	filed and that the adoption is in the best interests of the child, the court shall make
479	479	an order granting the adoption. If parental rights to the child were terminated
480	480	based upon an affidavit under s. 48.41 (2) (bm), the court may not make an order
481	481	granting adoption until 3 months have passed since the date the affidavit was
482	482	executed. In determining whether the adoption is in the best interests of an Indian
483	483	child, the court shall comply with the order of placement preference under s. 48.028
484	484	(7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as
485	485	described in s. 48.028 (7) (e), for departing from that order. The order may change
486	486	the name of the minor to that requested by petitioners.
487	487	SECTION 7. 48.913 (1) (em) of the statutes is created to read:
488	488	48.913 (1) (em) Services provided in connection with the adoption by a private
489	489	child placing agency, as defined in s. 48.99 (2) (p), that is licensed under the laws of
490	490	the state in which it operates, and, where applicable, in compliance with the federal
491	491	Indian Child Welfare Act, 25 USC 1901 to 1963, as certified to the department.
492	492	(END)
493	493	1
494	494	2
495	495	3
496	496	4
497	497	5
498	498	6
499	499	7
500	500	8
501	501	9
502	502	10
503	503	11
504	504	12
505	505	13
506	506	14
507	507	15
508	508	16