Step-Parent Adoption FAQs
FREQUENTLY ASKED QUESTIONS
Q:
How much can court staff help me with the step-parent adoption process?
| Court staff can answer basic procedural questions but cannot provide you with legal assistance. The court encourages you to seek the assistance of an attorney for the necessary help to complete the termination of parental rights and adoption process if you have legal questions. |
Q:
How soon will I get a court date after I file for a Termination of Parental Rights and Step-Parent Adoption?
|
Once ALL necessary paperwork is filed and fees have been paid to the court, the matter will be placed on the court's calendar within 30 days.
|
Q:
Previous court actions regarding the placement and legal custody of my child(ren) took place in another county. How do I know in what county to file the Adoption?
| Parties who are seeking to file a step-parent adoption in the Waukesha County Juvenile Court must be residents of Waukesha County. |
Q:
What do I do if the other parent is deceased?
| If the natural parent whose rights you would be seeking to terminate is deceased, you will not need to do the Termination of Parental Rights portion of the adoption. However, you do have to file a certified copy of the natural parent's death certificate with the Petition for Adoption. |
Q:
What do I need to do to start the step-parent adoption process?
| You will need to complete the following steps: 1) Complete and file a Petition for Adoption. If the other parent is living you must also complete a Petition for Termination of Parental Rights. (See the section on termination of parental rights.) 2) Pay the appropriate filing fees to the juvenile court. 3) Have a home study completed by a licensed adoption agency. 4) Post a deposit for the services performed by the Guardian ad Litem at the time of filing the paperwork with the court. The court will appoint a Guardian ad Litem (GAL), which is an attorney who will act on behalf of the child's best interests (not yours). A free packet is available that includes a procedural checklist, a list of adoption agencies, and all required state forms. |
Q:
Will we get a new birth certificate after the Step-Parent Adoption has been granted?
| Yes. The Court will forward the completed "Report of Adoption" form (along with the fee the petitioner submitted at the time of filing) to the state in which the child was born to obtain the new certified birth certificate. This new certified birth certificate will be mailed directly to the adopting party. If the child being adopted was born in a different state, please contact the court prior to filing to find out the correct fee for that state. |
