Wisconsin 2025 Regular Session Status: Passed Senate 2 R cosponsors

SB 79 — Relating to: a disclaimer of parental rights and payments allowed in connection with an adoption.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced February 26, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Assembly.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

An Act to amend 48.41 (1), 48.42 (2) (a), 48.46 (2), 48.837 (5) and 48.91 (3); to create 48.41 (2) (bm) and 48.913 (1) (em) of the statutes;

Bill Text

How this bill changes current law

5 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill allows parents to disclaim their parental rights through a notarized affidavit instead of requiring court appearance for consent, while also permitting payments to out-of-state adoption agencies.

  • 48.41(1)

    When such voluntary consent is given as provided in this section, → when an affidavit of disclaimer of parental rights executed under sub. (2) (bm) is irrevocable,

    The bill expands the means by which parental rights can be terminated, including an affidavit option.

  • 48.41(2)(bm)

    1. Subject to subd. 1m., a mother, father, or presumed or alleged father may consent to the termination of any parental rights that he or she may have with respect to a child who is under one year of age if no participant in the court proceeding, including the mother, father, or presumed or alleged father, knows or has reason to know that the child is an Indian child by the method provided in par. (a) or (b) or by filing with the court an affidavit of disclaimer of parental rights that is signed by 2 witnesses and notarized and that meets the requirements under subds. 2. to 8.

    This creates a new option for parents to disclaim parental rights via an affidavit instead of appearing in court.

  • 48.41(2)(bm)1.

    A minor may consent to the termination of any parental rights that he or she may have with respect to a child by using an affidavit of disclaimer under subd. 1. only after the petition to terminate parental rights has been filed, the agency has offered the minor legal counseling under subd. 11., and he or she has been appointed a guardian ad litem and only if the guardian ad litem approves the disclaimer.

    Minor parents can use a disclaimer affidavit with additional conditions.

  • 48.46(2)

    A parent who has executed an affidavit of disclaimer of parental rights under s. 48.41 (2) (bm) may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f), but such a motion shall not affect the finality or suspend the operation of the judgment or order terminating parental rights.

    This amendment allows parents who executed disclaimers to seek relief under certain conditions.

  • 48.837(5)

    Payments to out-of-state private child placing agencies for services provided in connection with an adoption are allowed if the agency is licensed in the state in which it operates.

    The law now permits payments to out-of-state child placing agencies for adoption services.

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Received from Senate

  3. Ordered immediately messaged

  4. Read a third time and passed

  5. Rules suspended to give bill its third reading

  6. Ordered to a third reading

  7. Read a second time

  8. Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)

  9. Available for scheduling

  10. Report passage recommended by Committee on Mental Health, Substance Abuse Prevention, Children and Families, Ayes 3, Noes 2

  11. Executive action taken

  12. Public hearing held

  13. Read first time and referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families

  14. Introduced by Senators Jacque and Tomczyk; cosponsored by Representatives Maxey, Armstrong, Allen, Behnke, Gundrum, Knodl, Kreibich, Murphy, Pronschinske, Wichgers and Tusler

Sponsors

  • Maxey · Cosponsor
  • Armstrong · Cosponsor
  • Allen · Cosponsor
  • Behnke · Cosponsor
  • Gundrum · Cosponsor
  • Knodl · Cosponsor
  • Kreibich · Cosponsor
  • Murphy · Cosponsor
  • Pronschinske · Cosponsor
  • Wichgers · Cosponsor
  • Tusler · Cosponsor
  • André Jacque · Primary
  • Cory Tomczyk · Cosponsor

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (12)

  • Maxey
  • Armstrong
  • Allen
  • Behnke
  • Gundrum
  • Knodl
  • Kreibich
  • Murphy
  • Pronschinske
  • Wichgers
  • Tusler
  • Tomczyk, Cory Republican

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

housing civil-rights labor
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Frequently asked questions

What does SB 79 do?
An Act to amend 48.41 (1), 48.42 (2) (a), 48.46 (2), 48.837 (5) and 48.91 (3); to create 48.41 (2) (bm) and 48.913 (1) (em) of the statutes;
Who sponsors SB 79?
SB 79 is sponsored by Maxey, Armstrong, Allen, Behnke, Gundrum, Knodl, Kreibich, Murphy, Pronschinske, Wichgers, Tusler, Jacque, André (Republican), and Tomczyk, Cory (Republican).
What is the current status of SB 79?
This bill has passed the Senate. Introduced February 26, 2025. It now moves to the second chamber.
Where can I track SB 79?
Track SB 79 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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