Digging Deeper: Adoption in Wisconsin
By WKOW
MADISON (WKOW) -- New legislation could change the way Wisconsin handles in-state adoptions. Some complain the process is too lengthy and difficult.
Rep. Andre Jacque (R - De Pere) plans to bring up a bill that focuses on the Termination of Parental Rights, or TPR, in regards to voluntary adoptions. In Wisconsin, that process can take weeks or months and involves the birth mother going to court. Other states have her sign off on the adoption within days, with no court hearing. Rep. Jacque proposes Wisconsin changes to something similar, but it's causing a bit of a debate.
Tim and Nichole Caya of Stoughton tried adopting twice before things finally worked out. "The day we left the hospital with the empty child seat. That was very hard," the couple says.
Now, their 11-month-old, Elise, plays happily in their Stoughton home. Adopting her gave them a unique look from the birth mother's side of things. Elise's mom wanted the Cayas there for the court hearing where she gave up her parental rights. "It definitely gives me understanding and perspective of the strengths of the birth mother to make the decisions they make and to follow through. It's not an easy thing," says Tim.
In Wisconsin, once there's a petition for the Termination of Parental Rights, a court hearing is held within 30 days. But that can be extended and drag out the process. In court, the birth mother answers a lot of personal questions. "I can see how it can be very intimidating," says Tim.
Before all that though, the birth mother is counseled about her decision so she knows she is literally giving up her parental rights. The adoptive parents go through background checks and have to become certified foster parents. Tim and Nichole say they understand the entire process up until the court hearing. "I don't know that the court hearing provided any of that other than a bit of an obstacle, a bit of a judgment for the decision she made," Tim says.
Rep. Jacque came up with legislation to have a TPR signed within 72 hours and get rid of the court hearing. "Rather than respecting and welcoming that decision, we're questioning it and putting the birth mother under a microscope."
Rep. Jacque says his legislation is more in line with what most states are doing now. He proposed it in late 2015 and it passed the Assembly with bipartisan support. But it never got a committee hearing in the Senate, Rep. Jacque says, mainly because of opposition from adoption attorneys.
So we reached out to Madison-area adoption attorneys, who referred us to Stephen Hayes with the American Academy of Adoption Attorneys. He says, "If we're doing this just to eliminate inconvenience or discomfort for birth mothers having to appear in court, I think there are some countervailing interests that may be stronger and more important.... that would be protection and best interests of the child. "
Hayes is a Waukesha attorney who's represented both adoptive parents and birth parents. He's not necessarily opposed to a consent procedure, but worries it doesn't take into consideration everything in the TPR code, including that counseling for the birth mother about the consequences of her decision and living expenses paid to her. Rep. Jacque says none of those things will change.
Hayes also wonders what the role of the Guardian ad Litem would be. That's the person who represents the child and if applicable, juvenile birth parents. And he says some judges don't like the idea of this being taken out of court because then they couldn't question the birth mother, particularly about potential fathers. By law, all potential fathers must be given notice.
The bill also calls for a six month time period to challenge an out-of-court consent based on allegations of fraud or duress on the parent. Right now, the time period is 30 days. Hayes says that might make the entire adoption process even longer, but Rep. Hayes says states with similar reforms note challenges like that are very rare. He says the primary cause of instability for the child is when the court hearing is, which his bill eliminates.
Another issue is the Wisconsin Indian Child Welfare Act. If a mother doesn't acknowledge Native American heritage of the child during consent and the tribe later learns about it, they might undo the TPR, and therefore the adoption. The child may be living with adoptive parents for years and then placed with a strange family. Rep. Hayes says the WICWA already presents the same problems regardless of this bill.
Rep. Jacque is meeting with Attorney Hayes next week to talk about some of these things and come up with solutions to those that haven't been dealt with yet. He hopes to propose his bill sooner rather than later.
In the meantime, the Caya family would one day like to have a sibling for Elise, but just thinking about the process is daunting. They do plan to tell their daughter what her birth mother went through for her. Nichole says, "She will always know how much we love her birth mother and how much we respect her and her decision."