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Wisconsin Statutes 48.41 - Voluntary consent to termination of parental rights

Wisconsin Statutes > Chapter 48 > Subchapter VIII > 48.41


Current as of: 2013

   (1)   The court may terminate the parental rights of a parent after the parent has given his or her consent as specified in this section. When such voluntary consent is given as provided in this section, the judge may proceed immediately to a disposition of the matter after considering the standard and factors specified in s. 48.426.

   (2)   The court may accept a voluntary consent to termination of parental rights only as follows:

     (a)    The parent appears personally at the hearing and gives his or her consent to the termination of his or her parental rights. The judge may accept the consent only after the judge has explained the effect of termination of parental rights and has questioned the parent, or has permitted an attorney who represents any of the parties to question the parent, and is satisfied that the consent is informed and voluntary.

     (b)    If the court finds that it would be difficult or impossible for the parent to appear in person at the hearing, the court may do any of the following:

        1.    Accept the written consent of the parent given before an embassy or consul official, a military judge, or a judge of any court of record in another county or state or a foreign jurisdiction. This written consent shall be accompanied by the signed findings of the embassy or consul official or judge who accepted the parent's consent. These findings shall recite that the embassy or consul official or judge or an attorney who represents any of the parties questioned the parent and found that the consent was informed and voluntary before the embassy or consul official or judge accepted the consent of the parent.

        2.    On request of the parent, unless good cause to the contrary is shown, admit testimony on the record by telephone or live audiovisual means as prescribed in s. 807.13 (2).

     (c)    A person who may be, but who has not been adjudicated as, the father of a nonmarital child may consent to the termination of any parental rights that he may have as provided in par. (a) or (b) or by signing a written, notarized statement which recites that he has been informed of and understands the effect of an order to terminate parental rights and that he voluntarily disclaims any rights that he may have to the child, including the right to notice of proceedings under this subchapter.

     (d)    If the proceeding to terminate parental rights is held prior to an adoption proceeding in which the petitioner is the child's stepparent, or in which the child's birth parent is a resident of a foreign jurisdiction, the child's birth parent may consent to the termination of any parental rights that he or she may have as provided in par. (a) or (b) or by filing with the court an affidavit witnessed by 2 persons stating that he or she has been informed of and understands the effect of an order to terminate parental rights and that he or she voluntarily disclaims all rights to the child, including the right to notice of proceedings under this subchapter.

     (e)    In the case of an Indian child, the consent is given as provided in s. 48.028 (5) (b).

   (3)   If in any proceeding to terminate parental rights voluntarily a guardian ad litem has reason to doubt the capacity of a parent to give informed and voluntary consent to the termination, he or she shall so inform the court. The court shall then inquire into the capacity of that parent in any appropriate way and shall make a finding as to whether or not the parent is capable of giving informed and voluntary consent to the termination. If the court finds that the parent is incapable of knowingly and voluntarily consenting to the termination of parental rights, it shall dismiss the proceedings without prejudice. That dismissal shall not preclude an involuntary termination of the parent's rights under s. 48.415.

Wisconsin Statutes 48.40 - DefinitionsSubchapter VIII Table of ContentsWisconsin Statutes 48.415 - Grounds for involuntary termination of parental rights

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Questions & Answers: Termination of Parental Rights

My neice is Indian. She's been an alcoholic since her teens and is now 33. CPS was called on her about her children. They said it was a severe case. The 5 year old who was potty tr...
would this be one of the laws needed for a 5 year old being reported filty peeing his pants and speech delayed in school and 10 month old unable to sit up on her own...
My husband and his x are in agreement of him signing over his rights due to the fact that he has not been there and she does not want him there. Can my husband sign over his rights...
I have a question. I am in the appeal process of my rights being severed and the gal for my son is okay with me having visits but if CPS won't be a part of this case anymore, how a...
Does anyone get their rights back? There are so many discrepancies in my case....
I am pregnant, and my husband left me for another woman. He has decided that he doesn't want to be in our daughters life. Can he sign over his rights? If so, will he still have to ...

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Wisconsin Statutes > Chapter 48 > Subchapter VIII - Termination Of Parental Rights
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