DMR.1.6.030 Method for Giving Consent to Voluntary Termination

The Children's Court may terminate the parental rights of a parent who has given his or her informed, voluntary consent by one of the methods provided in this section.

(a) The parent appears personally at a hearing before the judge or magistrate and gives his or her consent, the Children's Court explains the effect of a termination of parental rights, and the Court has questioned the parent and found to its satisfaction that the consent is informed and voluntary.

(b) If the personal appearance of the parent before the Children's Court would be impossible or difficult, the Court may accept written consent executed by the parent before an embassy or consular official, a military judge, or any judge of a Court of record of another jurisdiction, and the consent is accompanied by the official's or judge's written findings that the parent was questioned and that the consent is informed and voluntary.

(c) Any minor parent stating intent to consent to the termination of parental rights shall have a guardian ad litem appointed for him or her by the Children's Court. The minor parent's consent to terminate rights shall not be accepted unless joined by his or her guardian ad litem. The consent of the guardian ad litem shall preclude later attack on the validity of the consent on the grounds of incompetence or minority. The fees and the costs of the guardian ad litem shall be subject to approval of the Children's Court. The guardian ad litem, if an attorney, shall be compensated at the Wisconsin Judicare attorney compensation rate, and if anyone other than an attorney, at the Wisconsin Judicare lay advocate rate.

(d) No consent shall be valid unless it is given no fewer than thirty days after the birth of the child to whom the parent's rights are to be terminated.