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Wisconsin:  Access to OBCs and Non-ID

WISCONSIN

DENIES UNRESTRICTED ACCESS TO OBC (Court order required)

 

Who May Access Information
Citation: Ann. Stat. §§ 48.432; 48.433

Nonidentifying information may be provided to:
• The adopted person who is age 18 years or older
• The adoptive parent
• The guardian or legal custodian of an adopted person
• The offspring of an adopted person if the requester is age 18 or older
• An agency or social worker assigned to provide services to the adopted person or place the child for adoption
Identifying information may be accessed by the adopted person who is age 21 or older.

 

Access to Original Birth Certificate

Citation: Ann. Stat. § 48.433

The original birth certificate is available upon request [petition] to the adopted person who is age 21 or older if the birth parents have filed affidavits authorizing disclosure.

 

Access to Non-identifying Information
Citation: Ann. Stat. §§ 48.432; 48.433

Whenever any person listed above wishes to obtain medical and genetic information about a birth parent who consented to his
or her child’s adoption before February 1, 1982, and the information is not on file with the department or agency, the person may
request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be
accompanied by a statement from a physician certifying either that the individual has or may have acquired a genetically transferable
disease or that the individual’s medical condition requires access to the information.
If a birth parent is located but refuses to provide the information requested, the department or agency shall notify the requester
without disclosing the birth parents identity or location, and the requester may petition the circuit court to order the birth parent to
disclose the information. If the department or another agency that maintains records relating to the adoption receives a report from
a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable
disease, the department or agency shall notify the adopted person of the existence of the disease, if he or she is age 18 or older, or
notify the adopted person’s guardian or adoptive parent if he or she is younger than age 18.
If the department or agency may not disclose the identifying information requested per § 48.433, it shall provide the requester with
any non-identifying social history information about either of the birth parents that it has on file.

 

Mutual Access to Identifying Information
Citation: Ann. Stat. § 48.433

The birth parent may file an affidavit authorizing the release of any available information about the birth parent’s identity and
location. An affidavit may be revoked at any time by notifying the department or agency in writing.
An adopted person who is age 21 or older may request any available information regarding the identity and location of his or her
birth parents. The requested information may be disclosed if the department or agency has on file un-revoked affidavits from both
birth parents, or if one of the birth parents was unknown and the known birth parent has filed an un-revoked affidavit.
If the department or agency does not have on file an affidavit from each known birth parent, it shall, within 3 months after the
date of the original request, search for each birth parent who has not filed an affidavit. If the birth parent is contacted and files an
affidavit, the department shall disclose the requested information. If the birth parent does not file the affidavit, the department may
not disclose the information. If, after a search, a known birth parent cannot be located, the department may disclose the requested
information if the other birth parent has filed an un-revoked affidavit.
If a birth parent is known to be dead and has not filed an un-revoked affidavit, the department shall so inform the requester. The
department may not release the identity of that parent but shall release any available information regarding the identity and location
of the other birth parent, if the other birth parent has filed an un-revoked affidavit and 1 year has elapsed since the death of the
deceased birth parent.
The requester may petition the court to order the release of any information that may not be disclosed under this section.


Where the Information Can Be Located
Adoption Records Search Program, Wisconsin Department of Children and Families

FIND YOUR BIRTH PARENTS

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