Wisconsin Statutes
Wis. Stat. § 48.90 (2026)
Filing of adoption petition; preadoption residence
✓ current as of July 2026
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48.90(1)(a)(a) One of the petitioners is a relative of the child by blood or by adoption, excluding parents whose parental rights have been terminated and persons whose relationship to the child is derived through such parents.
48.90(1)(d)(d) The petitioner is the proposed adoptive parent with whom the child has been placed under s. 48.839.
48.90(2)(2) Except as provided under sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more.
48.90(3)(3) No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements.
48.90 AnnotationOnce administrative proceedings to remove a child from an in-home placement have commenced under s. 48.64 and the person with whom the child had been placed is seeking a review of the removal order, a children’s court has no jurisdiction over an adoption petition filed by the person after issuance of the removal order. Styczynski v. DHSS, 65 Wis. 2d 190, 222 N.W.2d 139 (1974).
48.90 AnnotationStanding to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under sub. (1) (a) had no standing to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
48.90 AnnotationA pre-adoptive parent’s relationship with a child under Wisconsin law does not constitute a protectable liberty interest for purposes of 14th amendment due process. Cox v. Medical College of Wisconsin Inc., 651 F. Supp. 3d 965 (2023).
Notes of Decisions
Cited in 6
cases, 1974–1998 · leading case: Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998).
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “On January 21, 1998, Scott moved the court for a hearing on his petition and to bar participation of Garth and Michelle, on the grounds that they lacked standing to object to his petition under § 48.90, STATS. [1] *785 Garth and Michelle responded by moving the court to dismiss…”
In Matter of Adoption of RPR, 291 N.W.2d 591 (Wis. Ct. App. 1980). “the consent: “You understand that this consent when given is irrevocable, when the child is adopted you can’t change your mind ?” (Riordan testified at the later revocation hearing that she understood the trial court to mean that her consent was irrevocable only after the entry…”
Thelen v. Catholic Soc. Servs., 691 F. Supp. 1179 (E.D. Wis. 1988). “Sec. 48.90(2), Stats. In order for a child to be placed with prospective adoptive parents, the prospective home must be a licensed foster home.”
In Re Adoption of JCG, 501 N.W.2d 908 (Wis. Ct. App. 1993). “NOTES [1] Section 48.90, Stats., provides in relevant part: (1) A petition for adoption may be filed at any time if: (a) One of the petitioners is a relative of the child by blood, excluding parents whose parental rights have been terminated and persons whose relationship to the…”
L.P. v. B.G., 501 N.W.2d 908 (Wis. Ct. App. 1993). “Section 48.90, Stats., provides in relevant part: (1) A petition for adoption may be filed at any time if: (a) One of the petitioners is a relative of the child by blood, excluding parents whose parental rights have been terminated and persons whose relationship to the child is…”
Styczynski v. Dep't of Health & Soc. Servs., 222 N.W.2d 139 (Wis. 1974). “Only by prevailing in the appeal from that order can there be a jurisdictional basis for the adoption under sec. 48.90, Stats. We recognize that a concept of “best interests of the child” is a slippery one that may change according to changed circumstances.”
— Wis. Stat. § 48.90(1) — 1 case
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “On January 21, 1998, Scott moved the court for a hearing on his petition and to bar participation of Garth and Michelle, on the grounds that they lacked standing to object to his petition under § 48.90, STATS. [1] *785 Garth and Michelle responded by moving the court to dismiss…”
— Wis. Stat. § 48.90(1)(a) — 1 case
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “On January 21, 1998, Scott moved the court for a hearing on his petition and to bar participation of Garth and Michelle, on the grounds that they lacked standing to object to his petition under § 48.90, STATS. [1] *785 Garth and Michelle responded by moving the court to dismiss…”
— Wis. Stat. § 48.90(2) — 2 cases
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “On January 21, 1998, Scott moved the court for a hearing on his petition and to bar participation of Garth and Michelle, on the grounds that they lacked standing to object to his petition under § 48.90, STATS. [1] *785 Garth and Michelle responded by moving the court to dismiss…”
Thelen v. Catholic Soc. Servs., 691 F. Supp. 1179 (E.D. Wis. 1988). “Sec. 48.90(2), Stats. In order for a child to be placed with prospective adoptive parents, the prospective home must be a licensed foster home.”
— Wis. Stat. § 48.90(l)(a) — 1 case
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “On January 21, 1998, Scott moved the court for a hearing on his petition and to bar participation of Garth and Michelle, on the grounds that they lacked standing to object to his petition under § 48.90, STATS. [1] *785 Garth and Michelle responded by moving the court to dismiss…”
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