Legal Question in Family Law in Wisconsin

Can you be forced into putting your baby up for adoption?
My nephew's ex-girlfriend's year old child was taken from her by the State of WI and now her newborn was taken from her by the State because of whatever happened before. (I don't know why). My nephew is not ready to be a dad and would like to have this baby put up for adoption. She is now in a foster home in WI. The mother says she will not sign adoption papers and wants someone in my nephew's family to raise the baby. We all are in our 40's and would rather see the baby placed in a loving home that can give her everything she needs. Can this mother be forced by the State of Wisconsin to put her baby up for adoption? If not, what will happen? Will she be in Foster Care forever? What if my nephew is granted sole custody, can he then put her up for adoption?

Asked on 1/14/01, 12:35 am

Thomas Schober Schober Schober & Mitchell, S.C.

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Re: Can you be forced into putting your baby up for adoption?

Care, custody and placement of children is governed

by Chapter 48 of the Wisconsin Statutes. It is

called the Children's Code. Each child is born and

has a legal relationship with two parents, father

and mother. For a child to be placed for adoption,

each of these parents either has to agree to such

placement for or have their parental rights

terminated. If the State of Wisconsin wants to

force this to happen, it may file a petition with

a court, asking that a parent's rights be

terminated. Depending on many facs and

circumstances, this may take a very long time,

even years. In actions like this, the court

appoints an attorney to represent the child, as

well. Sometimes doctors and psychologists need to

be brought in. The expenses can run quite high.

Answered on 1/30/01, 11:40 am

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