767.78 (1) of the statutes is amended to read:
767.78 (1) Definition.
In this section, “financial obligation" means an 15
obligation for payment incurred under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 16
48.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56, 767.61, 767.71,
767.804 (3), 17
767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 18
938.357 (5m) (a), or 938.363 (2).
767.80 (1) (intro.) of the statutes is amended to read:
767.80 (1) Who may bring action or file motion.
(intro.) The following persons 21
may bring an action or file a motion, including an action or motion for declaratory 22
judgment, for the purpose of determining the paternity of a child
or for the purpose 23
of rebutting the presumption of paternity under s. 891.405, 891.407,
or 891.41 (1):
767.80 (1) (c) of the statutes is amended to read:
(c) Unless s. 767.804 (1) or
767.805 (1) applies, a male presumed to 2
be the child's father under s. 891.405, 891.407,
or 891.41 (1).
767.80 (1) (hm) of the statutes is created to read:
(hm) The state as provided under s. 767.804 (1) (d).
767.80 (5m) of the statutes is amended to read:
767.80 (5m) Applicable procedure; exceptions.
Except as provided in ss. 7767.804,
767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a 8
male is presumed the child's father under s. 891.41 (1), is adjudicated the child's 9
father either under s. 767.89 or by final order or judgment of a court of competent 10
jurisdiction in another state, is conclusively determined to be the child's father from
11genetic test results under s. 767.804,
or has acknowledged himself to be the child's 12
father under s. 767.805 (1) or a substantially similar law of another state, no order 13
or temporary order may be entered for child support, legal custody, or physical 14
placement until the male is adjudicated the father using the procedure set forth in 15
this subchapter, except s. 767.804 or
767.805. Except as provided in ss. 767.804, 16
767.805, 767.85, and 769.401, the exclusive procedure for establishment of child 17
support obligations, legal custody, or physical placement rights for a male who is not 18
presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
19determined to be the child's father from genetic test results under s. 767.804,
acknowledged under s. 767.805 (1) or a substantially similar law of another state to 21
be the father is by an action under this subchapter, except s. 767.804 or
767.805, or 22
under s. 769.402. No person may waive the use of this procedure. If a presumption 23
under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the 24
767.80 (6m) of the statutes is amended to read:
767.80 (6m) When action must be commenced.
The attorney designated under 2
sub. (6) (a) shall commence an action under this section on behalf of the state within 3
6 months after receiving notification under s. 69.03 (15) that no father is named on 4
the birth record of a child who is a resident of the county if paternity has not been 5conclusively determined from genetic test results under s. 767.804,
under s. 767.805 (1) or a substantially similar law of another state
or adjudicated, 7
except in situations under s. 69.14 (1) (g) and (h) and as provided by the department 8
767.804 of the statutes is created to read:
10767.804 Genetic test results.
(1) Conclusive determination of paternity. 11
(a) If genetic tests have been performed with respect to a child, the child's mother, 12
and a male alleged, or alleging himself, to be the child's father, the test results 13
constitute a conclusive determination of paternity, effective on the date on which the 14
report under par. (c) is submitted to the state registrar, which has the same effect as 15
a judgment of paternity, if all of the following apply:
1. Both the child's mother and the male are over the age of 18 years.
2. The genetic tests were required to be performed by a county child support 18
agency under s. 59.53 (5) pursuant to s. 49.225.
3. The test results show that the male is not excluded as the father and that 20
the statistical probability of the male's parentage is 99.0 percent or higher.
4. No other male is presumed to be the father under s. 891.405 or 891.41 (1).
(b) When the county child support agency under s. 59.53 (5) receives genetic 23
test results described in par. (a) 3. and the requirements under par. (a) are satisfied, 24
the county child support agency shall send notice to the mother and male by regular 25
mail at their last-known addresses. The notice must be sent at least 15 days in
advance of the date on which the county child support agency intends to file the 2
report under par. (c) and shall advise the mother and male of all of the following:
1. The test results.
2. That the report under par. (c) will be filed with the state registrar if neither 5
the mother nor the male timely objects under subd. 4., and the date on which the 6
report will be filed.
3. That an action affecting the family concerning custody, child support, or 8
physical placement rights may be brought with respect to the mother and male.
4. That the mother or the male, or both, may object to the test results by 10
submitting an objection in writing to the county child support agency no later than 11
the day before the date specified in subd. 2., and that, if either the mother or the male 12
timely submits an objection, the state will commence a paternity action.
(c) 1. If neither the mother nor the male timely submits an objection under par. 14
(b) 4., the county child support agency shall file with the state registrar a report 15
showing the names, dates, and birth places of the child and the father, the social 16
security numbers of the mother, father, and child, and the maiden name of the 17
mother on a form prescribed by the state registrar, along with the fee set forth in s. 18
69.22 (5), if any, which the county child support agency shall collect.
2. The department shall pay, and may not require the county or county child 20
support agency to reimburse the department, for the cost of a fee for inserting the 21
father's name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support 22
agency is unable to collect the fee.
(d) If either the mother or the male timely submits an objection under par. (b) 24
4., the county child support agency shall commence an action under s. 767.80 (1) on
behalf of the state. The genetic test results described in par. (a) are admissible in an 2
action commenced under this paragraph.
Unless sub. (1) (d) applies, an action affecting the family 4
concerning custody, child support, or physical placement rights may be brought 5
under this subsection with respect to a child's mother and a male who, along with the 6
child, were the subjects of genetic tests, the results of which constitute a conclusive 7
determination of paternity under sub. (1). Except as provided in s. 767.407, in an 8
action under this subsection the court may appoint a guardian ad litem for the child.
In an action under sub. (2), if the child's custodial and noncustodial 10
parent had notice of the hearing, the court shall make an order that contains all of 11
the following provisions:
(a) Orders for the legal custody of and periods of physical placement with the 13
child, determined in accordance with s. 767.41.
(b) An order requiring either or both of the parents to contribute to the support 15
of any child of the parties who is less than 18 years old, or any child of the parties who 16
is less than 19 years old if the child is pursuing an accredited course of instruction 17
leading to the acquisition of a high school diploma or its equivalent, determined in 18
accordance with s. 767.511.
(c) A determination as to which parent, if eligible, shall have the right to claim 20
the child as an exemption for federal tax purposes under 26 USC 151
(c), or as an 21
exemption for state tax purposes under s. 71.07 (8) (b).
(d) 1. An order establishing the amount of the father's obligation to pay or 23
contribute to the reasonable expenses of the mother's pregnancy and the child's 24
birth. The amount established may not exceed one-half of the total actual and 25
reasonable pregnancy and birth expenses. The order also shall specify the court's
findings as to whether the father's income is at or below the poverty line established 2
under 42 USC 9902
(2), and shall specify whether periodic payments are due on the 3
obligation, based on the father's ability to pay or contribute to those expenses.
2. If the order does not require periodic payments because the father has no 5
present ability to pay or contribute to the expenses, the court may modify the 6
judgment or order at a later date to require periodic payments if the father has the 7
ability to pay at that time.
(e) An order requiring either or both parties to pay or contribute to the costs 9
of guardian ad litem fees, if any, and other costs.
(f) An order requiring either party to pay or contribute to the attorney fees of 11
the other party.
12(3m) Change of child's name.
(a) Upon the request of both parents, the court 13
shall include in the order under sub. (3) an order changing the name of the child to 14
a name agreed upon by the parents.
(b) Except as provided in par. (a), the court may include an order changing the 16
surname of the child to a surname that consists of the surnames of both parents 17
separated by a hyphen or, if one or both parents have more than one surname, of one 18
of the surnames of each parent separated by a hyphen, if all of the following apply:
1. Only one parent requests that the child's name be changed, or both parents 20
request that the child's name be changed but each parent requests a different name 21
2. The court finds that such a name change is in the child's best interest.
(c) Section 786.36 does not apply to a name change under this subsection.
24(4) Liability for past support.
(a) Subject to par. (b), liability for past support 25
of the child shall be limited to support for the period after the day on which the
petition, motion, or order to show cause requesting support is filed in the action for 2
support under sub. (2), unless a party shows, to the satisfaction of the court, all of the 3
1. That he or she was induced to delay commencing the action by any of the 5
a. Duress or threats.
b. Actions, promises, or representations by the other party upon which the 8
c. Actions taken by the other party to evade proceedings under sub. (2).
2. That, after the inducement ceased to operate, he or she did not unreasonably 11
delay in commencing the action.
(b) In no event may liability for past support of the child be imposed for any 13
period before the birth of the child.
767.82 (2) of the statutes is amended to read:
767.82 (2) Presumption.
Presumption of paternity shall be as provided in ss. 16
891.39, 891.405, 891.407,
and 891.41 (1).
767.82 (2m) of the statutes is amended to read:
767.82 (2m) Custody pending court order.
If there is no presumption of 19
paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic
20test results under s. 767.804 (1) or
acknowledged under s. 767.805 (1), the mother 21
shall have sole legal custody of the child until the court orders otherwise.
767.84 (1) (a) of the statutes is renumbered 767.84 (1) (a) (intro.) 23
and amended to read:
(a) (intro.) The
Except as provided in ss. 767.855 and 767.863, and
25except in actions to which s. 767.893 applies, the
court may, and upon request of a
require the child, mother, any male for whom there is probable cause to 2
believe that he had sexual intercourse with the mother during a possible time of the 3
child's conception, or any male witness who testifies or will testify about his sexual 4
relations with the mother at a possible time of conception to submit to genetic tests. 5
Probable cause of sexual intercourse during a possible time of conception may be 6
established by a sufficient petition or affidavit of the child's mother or an alleged 7
father, filed with the court, or after an examination under oath of a party or witness, 8
when the court determines that an examination is necessary. The court is not 9
required to order a person who has undergone a genetic test under s. 49.225 to submit
10to another genetic
test under this paragraph
unless a party requests additional tests
11under sub. (2). with respect to any of the following:
767.84 (1) (a) 1. of the statutes is created to read:
(a) 1. A person who has undergone a genetic test under s. 49.225, 14
unless a party requests additional tests under sub. (2).
767.84 (1) (a) 2. of the statutes is created to read:
(a) 2. A deceased respondent if genetic material is not available 17
without undue hardship as provided in s. 767.865 (2).
767.84 (1) (a) 3. of the statutes is created to read:
(a) 3. a. Except as provided in subd. 3. b., a male respondent who fails 20
to appear, if genetic test results with respect to another man show that the other man 21
is not excluded as the father and that the statistical probability of the other man's 22
parentage is 99.0 percent or higher creating a presumption of the other man's 23
b. Subdivision 3. a. does not apply if the presumption of the other man's 25
paternity is rebutted.
767.855 of the statutes is amended to read:
2767.855 Dismissal if adjudication not in child's best interest.
Except as 3
provided in s. 767.863 (1m), at any time in an action to establish the paternity of a 4
child, upon the motion of a party or guardian ad litem, the court or supplemental 5
court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to
6order genetic tests, if genetic tests have not yet been taken, and dismiss the action 7
if the court or supplemental court commissioner determines that a judicial 8
determination of whether the a
male is the father of the child is not in the best 9
interest of the child, dismiss the action with respect to the male, regardless of
10whether genetic tests have been performed or what the results of the tests, if
11performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2),
12767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed
13with respect to the male, the court or supplemental court commissioner is not
14required to order those genetic tests
767.87 (8) of the statutes is amended to read:
767.87 (8) Burden of proof.
The party bringing an action for the purpose of 17
determining paternity or for the purpose of declaring the nonexistence of paternity 18
presumed under s. 891.405, 891.407,
or 891.41 (1) shall have the burden of proving 19
the issues involved by clear and satisfactory preponderance of the evidence.
769.201 (1m) (gm) of the statutes is created to read:
(gm) The individual was conclusively determined from genetic 22
test results to be the father under s. 767.804.
802.12 (3) (d) 1. of the statutes is amended to read:
(d) 1. Custody and physical placement under s. 767.41, 767.804 (3), 25
767.805 (4), 767.863 (3),
or 767.89 (3).
802.12 (3) (d) 3. of the statutes is amended to read:
(d) 3. Child support under s. 767.511,
767.805 (4), 3
or 767.89 (3).
808.075 (4) (d) 9. of the statutes is amended to read:
(d) 9. Enforcement of payments under s. 767.77, 767.804 (3), 6
767.805 (4), or 767.89.
808.075 (4) (d) 10. of the statutes is amended to read:
(d) 10. Enforcement of orders under s. 767.78, 767.804 (3),
(4), or 767.89.
852.05 (2) of the statutes is amended to read:
Property of a child born to unmarried parents passes in accordance 12
with s. 852.01 except that the father or the father's kindred can inherit only if the 13
father has been adjudicated to be the father in a paternity proceeding under ch. 767 14
or by final order or judgment of a court of competent jurisdiction in another state or 15
has been determined to be the father under s. 767.804 or
767.805 or a substantially 16
similar law of another state.
891.407 of the statutes is created to read:
18891.407 Presumption of paternity based on genetic test results.
A man 19
is presumed to be the natural father of a child if the man has been conclusively 20
determined from genetic test results to be the father under s. 767.804 and no other 21
man is presumed to be the father under s. 891.405 or 891.41 (1).
938.02 (13) of the statutes is amended to read:
“Parent" means a biological parent, a husband who has consented 24
to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If 25
the juvenile is a nonmarital child who is not adopted or whose parents do not
subsequently intermarry under s. 767.803, “parent" includes a person conclusively
2determined from genetic test results to be the father under s. 767.804 or a
acknowledged under s. 767.805 or a substantially similar law of another state or 4
adjudicated to be the biological father. “Parent" does not include any person whose 5
parental rights have been terminated. For purposes of the application of s. 938.028 6
and the federal Indian Child Welfare Act, 25 USC 1901
, “parent" means a 7
biological parent, an Indian husband who has consented to the artificial 8
insemination of his wife under s. 891.40, or an Indian person who has lawfully 9
adopted an Indian juvenile, including an adoption under tribal law or custom, and 10
includes, in the case of a nonmarital child who is not adopted or whose parents do 11
not subsequently intermarry under s. 767.803, a person conclusively determined
12from genetic test results to be the father under s. 767.804,
a person acknowledged 13
under s. 767.805, a substantially similar law of another state, or tribal law or custom 14
to be the biological father,
or a person adjudicated to be the biological father, but does 15
not include any person whose parental rights have been terminated.
938.27 (5) of the statutes is amended to read:
938.27 (5) Notice to biological fathers.
Subject to sub. (3) (b), the court shall 18
make reasonable efforts to identify and notify any person who has filed a declaration 19
of paternal interest under s. 48.025, any person conclusively determined from
20genetic test results to be the father under s. 767.804 (1),
any person who has 21
acknowledged paternity of the child under s. 767.805 (1), and any person who has 22
been adjudged to be the father of the juvenile in a judicial proceeding unless the 23
person's parental rights have been terminated.
938.396 (2g) (g) of the statutes is amended to read:
(g) Paternity of juvenile.
Upon request of a court having 2
jurisdiction over actions affecting the family, an attorney responsible for support 3
enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. 4
IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the 5
subject of that proceeding to review or be provided with information from the records 6
of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating 7
to the paternity of a juvenile for the purpose of determining the paternity of the 8
juvenile or for the purpose of rebutting the presumption of paternity under s. 9
or 891.41, the court assigned to exercise jurisdiction under this 10
chapter and ch. 48 shall open for inspection by the requester its records relating to 11
the paternity of the juvenile or disclose to the requester those records.
(1) Paternity determination or presumption based on genetic test results. 14
The treatment of s. 767.804 first applies to genetic tests that are performed on the 15
effective date of this subsection.
(2) Genetic tests in paternity actions.
The treatment of s. 767.855, the 17
renumbering and amendment of s. 767.84 (1) (a), and the creation of s. 767.84 (1) (a) 18
1., 2., and 3. first apply to paternity actions commenced on the effective date of this 19
This act takes effect on the first day of the 6th month beginning after 22