Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met:

Terms Used In Wisconsin Statutes 48.81

  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)   Both of the child’s parents are deceased.
   (2)   The parental rights of both of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.
   (3)   The parental rights of one of the child’s parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child’s other parent is deceased.
   (4)   The person filing the petition for adoption is the spouse of the child’s parent with whom the child and the child’s parent reside and either of the following applies:
      (a)    The child’s other parent is deceased.
      (b)    The parental rights of the child’s other parent with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.
   (5)   Section 48.839 (3) (b) applies.
   (6)   The child is being adopted under s. 48.97 (3).