LEGAL RIGHTS

Lutheran Social Services is a licensed child-placing agency in the State of Wisconsin and Upper Michigan.  LSS is licensed to work with expectant parents who are considering adoption for their child with Wisconsin and Upper Michigan.  LSS staff is available to work with all expectant parents and connect them to the nearest resource if they are from outside Wisconsin and Upper Michigan.
 
Wisconsin Laws dictate that a termination of parental rights must be completed in a court of law.  The rights of a birth mother and birth father are terminated and it is a final and irrevocable act under Wisconsin law.  Birth parents may terminate their parental rights without the consent of a parent or guardian regardless of age.  Parental notification is not necessary.
 

Parental Rights

• Each birth parent is encouraged to seek counseling in order to make an informed decision.
   

• Each birth parent is entitled to their own attorney to represent their best interest.
   

• Each birth parent is encouraged to participate in the legal proceedings - birth mothers must appear in court and provide testimony.

  • Exception:  birth fathers may sign a consent form in the presence of a notary that will be filed as evidence at the scheduled hearing for termination of parental rights as being in agreement with the adoption plan or they may choose to be served notice and not appear and their rights will be terminated.

  • Alleged father:  the man you name as the father of your baby, to whom you are not married.  If the alleged father is unknown, or he cannot be located, his rights to the child may be terminated by a court of law allowing for the adoption to proceed.

  • Legal father:  the man to whom you are married to, or for whom paternity has been established by a court of law.  If the father of the baby is also the legal father he must provide consent to terminate his parental rights and allow for the adoption to proceed.
     

• Upon discharge of the baby from a hospital the birth family will need to consider the following options regarding placement of the child:
  *  Legal risk placement - placement with adoptive family prior to court hearing.
  *  Placement of the baby in a licensed receiving home until court hearing.
  *  Parent the baby until the court hearing.
  *  Place the baby with a relative or the birth mother or legal father until court hearing.
   

The birth grandparents or mothers and fathers of the birth parents have no legal rights regarding the adoption plan.  However, birth grandparents are encouraged to be a part of the counseling process.
 
 

In an independent adoption, the prospective adoptive parents generally work with a lawyer to facilitate the adoption.  The lawyer represents the prospective adoptive parents throughout the legal proceedings.  In an independent adoption, placement of the child is specifically court ordered with the prospective adoptive family, which is different from an agency placement where the judge orders the placement of the child to be made through the agency with the prospective adoptive family that the birth parents have chosen.

In Wisconsin and Michigan, a lawyer will usually encourage birth parents to seek pregnancy and counseling services from a licensed child-placing agency so that they may be supported throughout the adoption of their baby.  LSS works to assist you in the adoption plan for your baby.