Wisconsin Statutes 48.97 – Adoption and guardianship orders of other jurisdictions
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 48.97
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- 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
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
- United States: includes the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01
(1) Effect and recognition of adoption decrees of other states. When the relationship of parent and child has been created by an order of adoption of a court of any other state, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.
(2) Effect and recognition of foreign adoption decrees. If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. citizenship and immigration services, all of the following apply:
(a) The adoption shall be recognized by this state and the rights and obligations of the adoptive parent and child shall be determined under s. 48.92 as though the order of adoption was entered by a court of this state.
(b) The adoptive parent shall not be required to readopt the child in this state.
(c) Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following:
1. Evidence as to the date, place of birth, and parentage of the child.
2. A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation or a notarized copy of a certified translation of that final order.
3. A sworn statement by the adoptive parent including all of the following:
a. That a home study was completed as required or recognized by this state and the home study recommends the parent as an adoptive parent.
b. That the required preadoption training was completed.
c. That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements.
4. The name and address of the adoptive parents and the child.
5. Any other information necessary for the state registrar to prepare a certification of birth data for the child.
(d) Upon receipt of the letter under par. (c), the court shall enter an order registering the foreign adoption order, and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state registrar.
(e) An order registering the foreign adoption order shall have the same effect as an adoption order granted under s. 48.91.
(3) Effect and recognition of foreign guardianship decrees; additional requirements. If a resident of this state has been appointed guardian of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth and the child was admitted to the United States with an IR-4 or IH-4 visa issued by the U.S. citizenship and immigration services, the guardian shall adopt the child under s. 48.839.