AB898: Bill Text

AB898,66 Section 66. 69.11 (5) (b) of the statutes is amended to read:

AB898,17,10 69.11 (5) (b) If under sub. (4) (b) the state or local registrar makes an amendment other than on the face of the original copy of a vital record, he or she shall file an amendment form which includes an affidavit by the person requesting the amendment, the information which is stricken, the information inserted and an abstract of the documents supporting the amendment documentation.

AB898,67 Section 67. 69.12 (1) of the statutes is amended to read:

AB898,18,4 69.12 (1) If the state registrar cannot make an amendment to a vital record under s. 69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred. The petition shall be accompanied by a certified copy of the original vital record. If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the court's determination to the state registrar on a form in the manner prescribed by the state registrar, along with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the report, the state registrar shall, if information as to the cause of death on an original certificate of a death record is changed or if information on a marriage certificate record concerning the identity of a parent of a party to a marriage is changed, act under sub. (4), or shall change the record under s. 69.11 (5) and if the record is not enabled in the state system of vital records, send a notice of the change the amended record to the local registrar who shall make the change in replace the record filed in his or her office. This subsection does not apply to a name change prohibited under s. 301.47.

AB898,68 Section 68. 69.12 (2) of the statutes is amended to read:

AB898,18,8 69.12 (2) A court may not order amendment of the names of the parents of a registrant on a birth certificate record on the grounds of termination of parental rights or termination of custody.

AB898,69 Section 69. 69.12 (3) of the statutes is amended to read:

AB898,18,11 69.12 (3) The state registrar shall amend under s. 69.11 (5) an item on a birth certificate record as directed by an order under this section.

AB898,70 Section 70. 69.12 (4) of the statutes is amended to read:

AB898,18,18 69.12 (4) (a) If a court's determination under sub. (1) changes information as to the cause of death on an original certificate of a death record or changes information on a marriage certificate record concerning the identity of a parent of a party to the marriage and the court in accordance with the petition orders the creation of a new certificate of death or marriage certificate record, the state registrar shall do all of the following:

AB898,19,5 1. Prepare a new certificate of death or a new marriage certificate record, whichever is applicable. On a new certificate of death record, the state registrar shall omit the changed information, including the name of the physician, coroner or medical examiner who certified the cause of death and enter any other original and any new information, including the name of the judge and the date of the order, sign the new information, enter any notation of support in the margin of the record and insert a note that the certificate of death record has been amended. On a new marriage certificate record, the state registrar shall omit the changed information concerning the identity of a parent of a party to the marriage, enter the unchanged information from the original certificate record, and enter any new information included in the court order concerning the identity of a parent of a party to the marriage, but shall not note that the certificate record is amended.

AB898,19,10 2. Register a new certificate of death or marriage certificate record created under this subsection and impound the original certificate of death or marriage certificate record and all correspondence, affidavits, court orders, and other related materials and prohibit access except by court order or except by the state registrar for processing purposes.

AB898,19,14 3. Send a copy of any new certificate of death or marriage certificate record registered under this subsection to the local registrar who filed the original of the replaced certificate of death or marriage certificate, if the record is not enabled in the state system of vital records.

AB898,19,17 (b) Upon receipt of the copy under par. (a) 3., the local registrar shall destroy his or her copy of the replaced certificate of death or marriage certificate record and file the new certificate of death or marriage certificate record.

AB898,71 Section 71. 69.12 (5) of the statutes is amended to read:

AB898,19,23 69.12 (5) A change in the marital status on the certificate record of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the certificate of birth record. This section may not be used to add or delete the name of a parent on the certificate record of birth or change the identity of either parent named on the certificate of birth record.

AB898,72 Section 72. 69.13 (intro.) and (1) of the statutes are amended to read:

AB898,20,5 69.13 Correction of facts misrepresented by informant for certificate record of birth. (intro.) The state registrar may, under an order issued by the circuit court of the county in which a birth occurred, correct information about the parent or the marital status of the mother on a certificate record of birth that is registered in this state if all of the following conditions apply:

AB898,20,8 (1) The correction may not be accomplished under s. 69.11, 69.12, or 69.15 because the disputed information was misrepresented by the informant during the preparation of the birth certificate record.

AB898,72 Section 72. 69.13 (2) (a) of the statutes is amended to read:

AB898,20,11 69.13 (2) (a) A petition for correction filed by a person with a direct and tangible interest in the certificate of birth record.

AB898,73 Section 73. 69.13 (2) (b) 1. of the statutes is amended to read:

AB898,20,13 69.13 (2) (b) 1. A certified copy of the original certificate of birth record.

AB898,74 Section 74. 69.13 (2) (b) 4. of the statutes is amended to read:

AB898,20,19 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, a certified copy of a certificate of record, divorce or annulment record, or a final divorce decree that indicates that the mother was not married to the person listed as her husband at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

AB898,75 Section 75. 69.13 (2) (b) 5. of the statutes is amended to read:

AB898,20,22 69.13 (2) (b) 5. A statement signed by the certificate record of birth informant or the petitioner acknowledging that the disputed information was misrepresented.

AB898,76 Section 76. 69.14 (1) (a) 1. of the statutes is renumbered 69.14 (1) (a) and amended to read:

AB898,21,6 69.14 (1) (a) Filing deadline. Except as provided under subd. 2., a certificate A record of birth for every birth that occurs in this state shall be filed within 5 days after the birth with the state registrar, who shall register the birth under this subchapter and shall make a copy of the certificate of birth available to the registration district in which the birth occurred and the registration district in which the mother of the registrant resided at the time of the birth.

AB898,77 Section 77. 69.14 (1) (a) 2. and 3. of the statutes are repealed.

AB898,78 Section 78. 69.14 (1) (b) of the statutes is amended to read:

AB898,21,13 69.14 (1) (b) Accuracy. Either parent of a child who is the subject of a birth certificate record, or, if neither parent is available, another person with knowledge of the facts of the birth, shall attest to the accuracy of the personal data entered on the certificate record in time to permit the filing of the certificate record within 5 days after the birth.

AB898,79 Section 79. 69.14 (1) (c) (intro.) of the statutes is amended to read:

AB898,21,16 69.14 (1) (c) Filing party. (intro.) A birth certificate record shall be prepared and filed by the following:

AB898,80 Section 80. 69.14 (1) (d), (e), (f), (g) and (h) of the statutes are amended to read:

AB898,21,19 69.14 (1) (d) Place of birth. 1. On a birth certificate record the place of birth shall be the place where the placenta is removed except as provided under subd. 2.

AB898,22,2 2. If a birth occurs in a conveyance within the United States and the birth child is first removed from the conveyance in this state, the birth shall be filed in this state and the place where the birth child is first removed from the conveyance shall be the place of birth on the birth certificate record. If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the birth child is first removed from the conveyance in this state, a birth certificate record for the child shall be filed in this state and the place of birth on the birth certificate record shall be the actual place of birth as determined by the filing party.

AB898,22,7 (e) Father's name. 1. If the mother of a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband of the mother shall be entered on the birth certificate record as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under ch. 767.

AB898,22,13 2. If the mother was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth certificate record except as provided under s. 69.15 (3). If under this subdivision the name of the father of the registrant of a birth certificate record is omitted from the certificate record, no other information about the father may be entered on the certificate record.

AB898,22,19 (f) Registrant's name. 1. a. Except as provided under subd. 1. b., if the mother of a registrant of a birth certificate record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother and father of the registrant enter for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,4 b. If the mother of a registrant of a birth certificate record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which the parent of the registrant with actual custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,13 c. If the mother of a registrant of a birth certificate record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother of the registrant enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,18 2. If no surname has been entered for a registrant within 5 days after the registrant's birth, the filing party shall file a birth certificate record for the registrant without entering a surname on the birth certificate record. The state registrar and any local registrar may not issue any certified copy of the birth certificate record until a surname is entered under this paragraph.

AB898,23,25 (g) Birth by artificial insemination. If the registrant of a birth certificate record under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband of the woman shall be considered the father of the registrant on the birth certificate record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the information about the father of the registrant shall be omitted from the registrant's birth certificate record.

AB898,24,11 (h) Surrogate mother. If the registrant of a birth certificate record under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth certificate record and the information about the father shall be omitted from the birth certificate record. If a court determines parental rights over the registrant, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under s. 69.22. Upon receipt of the report, the state registrar shall prepare and register a new birth certificate record for the registrant under s. 69.15 (6) and send a copy notice of the new certificate record to the local registrar who filed the original certificate record. Upon receipt of the copy notice, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate record.

AB898,81 Section 81. 69.14 (2) (a) of the statutes is amended to read:

AB898,24,22 69.14 (2) (a) Registration 6 to 365 days after birth. If a birth certificate record is filed 6 to 365 days after the date of birth, the filing party shall use the form used proceed in the manner prescribed for birth certificates records filed under sub. (1). Before registering the certificate record, the state registrar may require additional evidence in support of the facts of birth and an explanation of why the birth certificate record was not filed under sub. (1). If a birth certificate record filed under this subsection is signed by a person other than the person attending the birth or the person managing the institution where the birth occurred or its medical records, the state registrar may require a notarized statement of why the certificate record was not filed under sub. (1).

AB898,82 Section 82. 69.14 (2) (b) 1. and 2. (intro.), 3. a., b. and d., 4. (intro.), 5., 6., 7. (intro.) and 8. (intro.) and a. of the statutes are amended to read:

AB898,25,5 69.14 (2) (b) 1. If more than 365 days have elapsed since the birth of a person born in this state and a certificate record of the birth has not been filed in this state, such person or the parent or guardian of the person, if the person is living, may request that the state registrar register a birth certificate record for the person under this paragraph.

AB898,25,7 2. (intro.) Any person requesting a birth certificate record under this paragraph shall establish the following facts by evidence documented under subd. 3.:

AB898,25,14 3. a. As evidence of the name, date and place of birth of a registrant for whom a birth certificate record is requested under this paragraph, the person requesting the birth certificate record shall present at least 2 pieces of documentary evidence for each item if the record is filed prior to 7 years after the date of birth or at least 3 pieces of documentary evidence for each item if the record is filed 7 years or more after the date of birth. Only one piece of documentary evidence per item may be an affidavit of personal knowledge.

AB898,25,17 b. As evidence of the parents of a registrant for whom a birth certificate record is requested under this paragraph, the person requesting the birth certificate record shall present at least one document which is not an affidavit of personal knowledge.

AB898,25,21 d. Any document presented under this subdivision which is not an affidavit of personal knowledge shall have been established at least 10 years prior to the date the birth certificate record is requested under this paragraph or shall have been established before the registrant's 10th birthday.

AB898,26,3 4. (intro.) If the registrant of a certificate record filed under this paragraph is 18 years of age or over and is competent to sign and swear to the accuracy of its facts, the registrant shall sign the certificate record and swear to the accuracy of its facts before an official authorized to administer oaths. If the registrant is under 18 years of age or is not competent to sign and swear to the accuracy of the facts of such certificate record, a person shall sign the certificate record and swear to the accuracy of its facts as follows:

AB898,26,10 5. The state registrar may deny a request for a birth certificate record under this paragraph. If the state registrar approves a request for a birth certificate record under this paragraph, he or she shall indicate plainly on the face of the certificate record that the certificate record has been registered under this paragraph and the date the certificate record is registered and shall send a copy of the certificate make available the record to the local registrar under s. 69.03 (11). The local registrar shall file the certificate.

AB898,26,20 6. If the state registrar denies a request for registration of a birth certificate record under this subsection, the person making the request may file a petition with the circuit court of the alleged county of birth for an order establishing a record of the date and place of the birth and the parentage of the person who would be the registrant. If the court finds that such person was born in this state, the court shall make findings as to the place and date of birth, parentage, and any other required finding and shall, in the manner prescribed by the state registrar, issue an order, on a form prescribed and furnished by the state registrar, to register a birth certificate record for the person. The order which shall include the birth date to be registered, a description of the evidence presented, and the date of the court's action.

AB898,26,23 7. (intro.) On any birth certificate record registered under this paragraph, the state registrar or his or her designated representative shall describe each document submitted under subd. 3. The abstract for each document shall include:

AB898,27,3 8. (intro.) On any birth certificate record registered under this paragraph, the state registrar or his or her designated representative shall certify by his or her signature that:

AB898,27,4 a. No other birth certificate record is on file for the registrant.

AB898,83 Section 83. 69.14 (3) (a) (intro.) and 6. of the statutes are amended to read:

AB898,27,9 69.14 (3) (a) (intro.) Any person who assumes custody of a live born infant of unknown parentage shall file a birth certificate record for the infant within 5 days after assuming custody and shall file the birth certificate record with the following information:

AB898,27,13 6. The name, address and signature of the person with whom the registrant has been placed for care. The information under this subdivision shall be entered in the item on the birth certificate record where information on the attendant at birth is required.

AB898,84 Section 84. 69.14 (3) (b) of the statutes is repealed.

AB898,85 Section 85. 69.14 (3) (c) of the statutes is amended to read:

AB898,27,21 69.14 (3) (c) If at any time after a birth certificate record is filed for a registrant under this subsection a birth certificate record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

AB898,86 Section 86. 69.145 (title), (1) (a), (b) and (c), (2) (a), (b) and (c), (3) and (4) (a) and (b) (intro.), 1. and 2. of the statutes are amended to read:

AB898,28,3 69.145 (title) Certificate Record of birth resulting in stillbirth. (1) (a) That they may request preparation of a certificate record of birth resulting in stillbirth.

AB898,28,4 (b) That preparation of the certificate record is optional.

AB898,28,6 (c) How to obtain a certified copy of the certificate record if one is requested and prepared.

AB898,28,11 (2) (a) If the parent or parents of the stillbirth, after being advised as provided in sub. (1), wish to have a certificate record of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. shall, within 5 days after delivery of the stillbirth, prepare and file the certificate record with the state registrar.

AB898,28,14 (b) If the parent or parents of the stillbirth do not wish to provide a name for the stillbirth, the person who prepares the certificate record of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth.

AB898,28,18 (c) Either parent of the stillbirth or, if neither parent is available, another person with knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered on the certificate record in time to permit the filing of the certificate record within 5 days after delivery.

AB898,29,3 (3) Special preparation under certain circumstances. Notwithstanding subs. (1) and (2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s. 69.18 (1) (e) 1. but a certificate record of birth resulting in stillbirth was not prepared under sub. (2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate record of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.

AB898,29,6 (4) (a) Prescribe the form of, and information to be included on, a certificate record of birth resulting in stillbirth, which shall be as similar as possible to the form of and information included on a certificate record of birth.

AB898,29,9 (b) (intro.) Issue a certified copy of a certificate record of birth resulting in stillbirth to a parent of the stillbirth that is the subject of the certificate record if all of the following conditions are satisfied:

AB898,29,11 1. A certificate record of birth resulting in stillbirth has been prepared and filed under sub. (2) or (3).

AB898,29,13 2. The parent requesting a certified copy of the certificate record submits the request in writing.

AB898,87 Section 87. 69.15 (title), (1) (intro.) and (b), (2) (a) (intro.), 2., 5. and 6., (b), (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3. and (e), (3) (a) (intro.), 1., 2., 3. and 4., (b) 1., 3. and 4. (intro.), (c) and (d), (3m) (a) 2. and 3. and (b), (4) (a) and (b), (4m) (a) 1. and (b), (5) and (6) (title), (a), (b) and (c) of the statutes are amended to read:

AB898,29,23 69.15 (title) Changes of fact on birth certificates records. (1) Birth certificate record information changes. (intro.) The state registrar may change information on a birth certificate record registered in this state which was correct at the time the birth certificate record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

AB898,30,3 (b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

AB898,30,10 (2) (a) (intro.) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new certificate record for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1), that no new certificate record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate record registered for the subject of the adoption. The new certificate record shall show:

AB898,30,12 2. The date and place of birth as transcribed from the original certificate record. The date and place on the original certificate record may not be changed by the court.

AB898,30,13 5. The filing date on the original certificate record.

AB898,30,14 6. Any other information necessary to complete the new certificate record.

AB898,31,3 (b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s. 48.97 (3), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate record issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.

AB898,31,8 (c) If the state registrar determines that the registrant of a birth certificate record was adopted without a change in the registrant's birth certificate record under par. (a) or (b), the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub. (6), a new certificate record for the registrant.

AB898,31,12 (d) 1. (intro.) A court shall order the state registrar to prepare for the subject of a birth certificate record a new birth certificate record based on the information on the subject's original birth certificate record if all of the following circumstances apply:

AB898,31,14 a. The subject of the birth certificate record petitions the court for a new birth certificate record.

AB898,31,16 c. The subject did not have the opportunity under par. (a), at the time of the adoption, to request that no new birth certificate record be prepared.