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Thursday, September 11, 2025

Sen. Tomczyk introduces Wisconsin Senate bill on parental rights disclaimer process

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Cory Tomczyk Wisconsin State Senator (District 29) | https://www.facebook.com

Cory Tomczyk Wisconsin State Senator (District 29) | https://www.facebook.com

A new bill authored by State Sen. Cory Tomczyk in the Wisconsin Senate seeks to create a legal process for parents to disclaim parental rights under specific conditions, according to the Wisconsin State Senate.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "a disclaimer of parental rights and payments allowed in connection with an adoption".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill establishes a process for a mother, father, or alleged or presumed father to legally disclaim parental rights in relation to a child under one year old, who is not an Indian child, without appearing in court. This process includes filing a notarized affidavit that meets certain criteria and acknowledges the understanding of the implications of terminating parental rights. The affidavit can be executed by the father pre-birth and by either parent post-birth, allowing for revocation under specified conditions, but becomes irrevocable after certain time frames unless obtained through fraud or duress. Additionally, it allows licensed out-of-state private child placing agencies to receive payments for adoption services, ensuring compliance with the federal Indian Child Welfare Act when applicable. Legal and counseling services must be offered to minors disclaiming parental rights at the expense of the agency facilitating the adoption.

The bill was co-authored by Representative Dave Maxey (Republican-83rd District). It was co-sponsored by Representative Scott Allen (Republican-82nd District), Representative David Armstrong (Republican-67th District), and Representative Elijah R. Behnke (Republican-6th District), along five other co-sponsors.

Cory Tomczyk has authored or co-authored another 36 bills since the beginning of the 2025 session, with none of them being enacted.

Tomczyk, a Republican, was elected to the Wisconsin State Senate in 2023 to represent the state's 29th Senate district, replacing previous state senator Jerry Petrowski.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bills Introduced by Cory Tomczyk in Wisconsin Senate During 2025 Regular Session

Bill NumberDate IntroducedShort Description
SB7902/26/2025A disclaimer of parental rights and payments allowed in connection with an adoption
SB6502/21/2025Impoundment of vehicles used in certain reckless driving offenses. (FE)
SB5902/21/2025Tuition and fee remission for certain veterans and their dependents enrolled in the University of Wisconsin System or a technical college. (FE)
SB5602/21/2025The use of federal capitalization grant funds for lead service line replacement. (FE)
SB5302/21/2025Requiring the display of the national motto in public schools and on public buildings. (FE)
SB4002/12/2025Flags flown, hung, or displayed from a flagpole or the exterior of state and local buildings and eliminating a related administrative rule
SB3302/12/2025Representations depicting nudity and providing a penalty
SB3202/12/2025Requiring a school board to spend at least 70 percent of its operating expenditures on direct classroom expenditures and annual pay increases for school administrators. (FE)
SB2702/07/2025Requiring state employees to perform their work at the offices of their employer. (FE)
SB2202/05/2025Requiring school boards to make textbooks, curricula, and instructional materials available for inspection by school district residents
SB1702/05/2025Special circumstances battery to a community service officer and providing a penalty
SB1602/05/2025Participation in interscholastic athletics and application of the public records and open meetings laws to interscholastic athletic associations
SB901/24/2025Special registration plates with white lettering on a black background. (FE)
SB801/24/2025Repair and replacement of implements of husbandry under warranty
SB301/24/2025Requiring local approval for certain wind and solar projects before Public Service Commission approval
SB201/24/2025Expanding veterans benefits to individuals who served in Laos in support of the United States during the Vietnam War

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