Use of Advertising and Facilitators in Adoptive Placements - Wisconsin

Date: July 2020

Use of Advertisement

Citation: Ann. Stat. § 48.825

The term 'advertise' means to communicate by any public medium that originates within this State, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by any computerized communication system, including by electronic mail, internet site, internet account, or any similar medium of communication provided via the internet.

The term 'internet account' means an account created within a system established by an internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the users account information, profile, display, communications, or stored data.

No person may do any of the following:

  • Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody
  • Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child
  • Advertise that the person will place a child for adoption or in any other permanent physical placement

This section does not apply to any of the following:

  • The Department of Children and Families or a child welfare agency
  • An individual or agency providing adoption information
  • A foster care and adoption resource center
  • An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this State

No person may publish by a public medium an advertisement that violates this section. Nothing in this section prohibits an attorney licensed to practice in this State from advertising his or her availability to practice or provide services relating to the adoption of children.

Use of Intermediaries/Facilitators

Citation: Ann. Stat. § 948.24

Whoever does any of the following is guilty of a felony:

  • Places or agrees to place his or her child for adoption for anything exceeding the actual authorized costs and payments
  • Solicits, negotiates, or arranges for anything of value for the placement of a child for adoption, unless by an authorized entity
  • Gives anything exceeding the actual cost of the legal and other services rendered in connection with the adoption and the authorized items and payments in order to receive a child for adoption

This section does not apply to foreign adoptions.