Wisconsin Statutes
Wis. Stat. § 48.92 (2026)
Effect of adoption
✓ current as of July 2026
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48.92(1)(1) After the order of adoption is entered the relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent thereafter exists between the adopted person and the adoptive parents.
48.92(2)(2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person’s birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.
48.92(3)(3) Rights of inheritance by, from and through an adopted child are governed by ss. 854.20 and 854.21.
48.92(4)(4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under s. 48.48 (12).
48.92 HistoryHistory: 1973 c. 90; 1981 c. 359 s. 16; 1991 a. 191, 316; 1997 a. 35, 188; 2005 a. 232.
48.92 AnnotationA valid adoption of the petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit as a nephew. Vargo v. Buban, 68 Wis. 2d 473, 228 N.W.2d 681 (1975).
48.92 AnnotationBiological grandparents had no right to visitation following termination of their son’s parental rights and adoption by the child’s stepfather. Soergel v. Raufman, 154 Wis. 2d 564, 453 N.W.2d 624 (1990).
48.92 AnnotationThe adoption of a child of a deceased parent does not terminate the decedent’s parents’ grandparental visitation rights under s. 880.155 [now s. 48.9795 (12)]. H.F. v. T.F., 168 Wis. 2d 62, 483 N.W.2d 803 (1992).
48.92 AnnotationExcept in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent’s nonmarital partner from adopting the birth parent’s child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Georgina G. v. Terry M., 184 Wis. 2d 492, 516 N.W.2d 678 (1994). See also A.M.B. v. Circuit Court, 2024 WI 18, 411 Wis. 2d 389, 5 N.W.3d 238, 22-1334.
48.92 AnnotationAdoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents’ rights to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin W. v. DHFS, 221 Wis. 2d 36, 584 N.W.2d 195 (Ct. App. 1998), 97-3595.
48.92 AnnotationSub. (2) does not nullify prior support arrearage obligations for which a natural parent became liable before that parent’s parental rights were terminated. Hernandez v. Allen, 2005 WI App 247, 288 Wis. 2d 111, 707 N.W.2d 557, 04-2696.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1964–2024 · leading case: In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994).
In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994). “The third relevant statute is sec. 48.92, Stats., which provides in relevant part: Effect of adoption.”
Hernandez v. Allen, 2005 WI App 247 (Wis. Ct. App. 2005). “" A month later, Randolph initiated an Order to Show Cause, contending that the payment order should be vacated because under Wis. Stat. § 48.92 (2) the TPR and adoption extinguished his liability for any arrear-age.”
Scott A. v. Garth J., 586 N.W.2d 21 (Wis. Ct. App. 1998). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, *792 and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between…”
Soergel v. Soergel Raufman, 453 N.W.2d 624 (Wis. 1990). “2d 162 (1966), this court examined the legislative intent of sec. 48.92, Stats. This court noted that subsection (1) of sec.”
State v. Margaret H., 2000 WI 42 (Wis. 2000). “See also Wis. Stat. § 48.92 . 3 The termination of parental rights, which generally precedes an adoption, likewise yields the same outcome.”
In Matter of CGF, 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
Sporleder v. Hermes, 471 N.W.2d 202 (Wis. 1991). “" Section 48.92, Stats. These "rights, duties and other legal consequences" include the right to *1019 custody as a parent of the child, sec.”
Nelson v. City Bank of Portage, 166 N.W.2d 251 (Wis. 1969). “The trial court held, in effect, that sec. 48.92, Stats., operated to remove Glen and Michael from the class of "children of the body" of Robert Jimson and were therefore precluded from taking under the will.”
Tennessen v. Topel, 145 N.W.2d 162 (Wis. 1966). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
H.F. v. T.F., 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
Elgin v. Wisconsin Dep't of Health & Fam. Servs., 584 N.W.2d 195 (Wis. Ct. App. 1998). “" Section 48.92(1), STATS. Because Jeff and Tamra are now Jeffrey's parents, a person seeking transfer of his custody or guardianship must demonstrate that Jeff and Tamra are unfit parents.”
State Ex Rel. Lewis v. Lutheran Soc. Servs. of Wisconsin & Upper Michigan, 207 N.W.2d 826 (Wis. 1973). “Wisconsin takes two independent steps: (1) Termination of parental rights, with temporary custody generally given to a social agency, as here; and (2) adoption.”
— Wis. Stat. § 48.92(1) — 7 cases
In Matter of CGF, 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
Elgin v. Wisconsin Dep't of Health & Fam. Servs., 584 N.W.2d 195 (Wis. Ct. App. 1998). “" Section 48.92(1), STATS. Because Jeff and Tamra are now Jeffrey's parents, a person seeking transfer of his custody or guardianship must demonstrate that Jeff and Tamra are unfit parents.”
Soergel v. Soergel Raufman, 453 N.W.2d 624 (Wis. 1990). “2d 162 (1966), this court examined the legislative intent of sec. 48.92, Stats. This court noted that subsection (1) of sec.”
H.F. v. T.F., 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
Hernandez v. Allen, 2005 WI App 247 (Wis. Ct. App. 2005). “" A month later, Randolph initiated an Order to Show Cause, contending that the payment order should be vacated because under Wis. Stat. § 48.92 (2) the TPR and adoption extinguished his liability for any arrear-age.”
— Wis. Stat. § 48.92(2) — 8 cases
In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994). “The third relevant statute is sec. 48.92, Stats., which provides in relevant part: Effect of adoption.”
Hernandez v. Allen, 2005 WI App 247 (Wis. Ct. App. 2005). “" A month later, Randolph initiated an Order to Show Cause, contending that the payment order should be vacated because under Wis. Stat. § 48.92 (2) the TPR and adoption extinguished his liability for any arrear-age.”
In Matter of CGF, 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
H.F. v. T.F., 483 N.W.2d 803 (Wis. 1992). “We think the intent of sec. 48.92, Stats., from its language is to effect upon adoption a complete substitution of rights, duties, and other legal consequences of the natural relation of child and parent and kin with those same rights, duties, and legal consequences between the…”
A. M. B. v. Circuit Court for Ashland Cnty., 2024 WI 18 (Wis. 2024).
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