SB158,37 25Section 37 . 767.80 (6m) of the statutes is amended to read:
SB158,18,8
1767.80 (6m) When action must be commenced. The attorney designated under
2sub. (6) (a) shall commence an action under this section on behalf of the state within
36 months after receiving notification under s. 69.03 (15) that no father is named on
4the 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, acknowledged
6under s. 767.805 (1) or a substantially similar law of another state , or adjudicated,
7except in situations under s. 69.14 (1) (g) and (h) and as provided by the department
8by rule.
SB158,38 9Section 38. 767.804 of the statutes is created to read:
SB158,18,15 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,
12and a male alleged, or alleging himself, to be the child's father, the test results
13constitute a conclusive determination of paternity, effective on the date on which the
14report under par. (c) is submitted to the state registrar, which has the same effect as
15a judgment of paternity, if all of the following apply:
SB158,18,1616 1. Both the child's mother and the male are over the age of 18 years.
SB158,18,1817 2. The genetic tests were required to be performed by a county child support
18agency under s. 59.53 (5) pursuant to s. 49.225.
SB158,18,2019 3. The test results show that the male is not excluded as the father and that
20the statistical probability of the male's parentage is 99.0 percent or higher.
SB158,18,2121 4. No other male is presumed to be the father under s. 891.405 or 891.41 (1).
SB158,19,222 (b) When the county child support agency under s. 59.53 (5) receives genetic
23test results described in par. (a) 3. and the requirements under par. (a) are satisfied,
24the county child support agency shall send notice to the mother and male by regular
25mail at their last-known addresses. The notice must be sent at least 15 days in

1advance of the date on which the county child support agency intends to file the
2report under par. (c) and shall advise the mother and male of all of the following:
SB158,19,33 1. The test results.
SB158,19,64 2. That the report under par. (c) will be filed with the state registrar if neither
5the mother nor the male timely objects under subd. 4., and the date on which the
6report will be filed.
SB158,19,87 3. That an action affecting the family concerning custody, child support, or
8physical placement rights may be brought with respect to the mother and male.
SB158,19,129 4. That the mother or the male, or both, may object to the test results by
10submitting an objection in writing to the county child support agency no later than
11the day before the date specified in subd. 2., and that, if either the mother or the male
12timely submits an objection, the state will commence a paternity action.
SB158,19,1813 (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
15showing the names, dates, and birth places of the child and the father, the social
16security numbers of the mother, father, and child, and the maiden name of the
17mother on a form prescribed by the state registrar, along with the fee set forth in s.
1869.22 (5), if any, which the county child support agency shall collect.
SB158,19,2219 2. The department shall pay, and may not require the county or county child
20support agency to reimburse the department, for the cost of a fee for inserting the
21father's name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support
22agency is unable to collect the fee.
SB158,20,223 (d) If either the mother or the male timely submits an objection under par. (b)
244., the county child support agency shall commence an action under s. 767.80 (1) on

1behalf of the state. The genetic test results described in par. (a) are admissible in an
2action commenced under this paragraph.
SB158,20,8 3(2) Actions. Unless sub. (1) (d) applies, an action affecting the family
4concerning custody, child support, or physical placement rights may be brought
5under this subsection with respect to a child's mother and a male who, along with the
6child, were the subjects of genetic tests, the results of which constitute a conclusive
7determination of paternity under sub. (1). Except as provided in s. 767.407, in an
8action under this subsection the court may appoint a guardian ad litem for the child.
SB158,20,11 9(3) Orders. In an action under sub. (2), if the child's custodial and noncustodial
10parent had notice of the hearing, the court shall make an order that contains all of
11the following provisions:
SB158,20,1312 (a) Orders for the legal custody of and periods of physical placement with the
13child, determined in accordance with s. 767.41.
SB158,20,1814 (b) An order requiring either or both of the parents to contribute to the support
15of any child of the parties who is less than 18 years old, or any child of the parties who
16is less than 19 years old if the child is pursuing an accredited course of instruction
17leading to the acquisition of a high school diploma or its equivalent, determined in
18accordance with s. 767.511.
SB158,20,2119 (c) A determination as to which parent, if eligible, shall have the right to claim
20the child as an exemption for federal tax purposes under 26 USC 151 (c), or as an
21exemption for state tax purposes under s. 71.07 (8) (b).
SB158,21,322 (d) 1. An order establishing the amount of the father's obligation to pay or
23contribute to the reasonable expenses of the mother's pregnancy and the child's
24birth. The amount established may not exceed one-half of the total actual and
25reasonable pregnancy and birth expenses. The order also shall specify the court's

1findings as to whether the father's income is at or below the poverty line established
2under 42 USC 9902 (2), and shall specify whether periodic payments are due on the
3obligation, based on the father's ability to pay or contribute to those expenses.
SB158,21,74 2. If the order does not require periodic payments because the father has no
5present ability to pay or contribute to the expenses, the court may modify the
6judgment or order at a later date to require periodic payments if the father has the
7ability to pay at that time.
SB158,21,98 (e) An order requiring either or both parties to pay or contribute to the costs
9of guardian ad litem fees, if any, and other costs.
SB158,21,1110 (f) An order requiring either party to pay or contribute to the attorney fees of
11the other party.
SB158,21,14 12(3m) Change of child's name. (a) Upon the request of both parents, the court
13shall include in the order under sub. (3) an order changing the name of the child to
14a name agreed upon by the parents.
SB158,21,1815 (b) Except as provided in par. (a), the court may include an order changing the
16surname of the child to a surname that consists of the surnames of both parents
17separated by a hyphen or, if one or both parents have more than one surname, of one
18of the surnames of each parent separated by a hyphen, if all of the following apply:
SB158,21,2119 1. Only one parent requests that the child's name be changed, or both parents
20request that the child's name be changed but each parent requests a different name
21change.
SB158,21,2222 2. The court finds that such a name change is in the child's best interest.
SB158,21,2323 (c) Section 786.36 does not apply to a name change under this subsection.
SB158,22,3 24(4) Liability for past support. (a) Subject to par. (b), liability for past support
25of the child shall be limited to support for the period after the day on which the

1petition, motion, or order to show cause requesting support is filed in the action for
2support under sub. (2), unless a party shows, to the satisfaction of the court, all of the
3following:
SB158,22,54 1. That he or she was induced to delay commencing the action by any of the
5following:
SB158,22,66 a. Duress or threats.
SB158,22,87 b. Actions, promises, or representations by the other party upon which the
8party relied.
SB158,22,99 c. Actions taken by the other party to evade proceedings under sub. (2).
SB158,22,1110 2. That, after the inducement ceased to operate, he or she did not unreasonably
11delay in commencing the action.
SB158,22,1312 (b) In no event may liability for past support of the child be imposed for any
13period before the birth of the child.
SB158,39 14Section 39 . 767.82 (2) of the statutes is amended to read:
SB158,22,1615 767.82 (2) Presumption. Presumption of paternity shall be as provided in ss.
16891.39, 891.405, 891.407, and 891.41 (1).
SB158,40 17Section 40 . 767.82 (2m) of the statutes is amended to read:
SB158,22,2118 767.82 (2m) Custody pending court order. If there is no presumption of
19paternity 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
21shall have sole legal custody of the child until the court orders otherwise.
SB158,41 22Section 41. 767.84 (1) (a) of the statutes is renumbered 767.84 (1) (a) (intro.)
23and amended to read:
SB158,23,1124 767.84 (1) (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

1party
shall, require the child, mother, any male for whom there is probable cause to
2believe that he had sexual intercourse with the mother during a possible time of the
3child's conception, or any male witness who testifies or will testify about his sexual
4relations with the mother at a possible time of conception to submit to genetic tests.
5Probable cause of sexual intercourse during a possible time of conception may be
6established by a sufficient petition or affidavit of the child's mother or an alleged
7father, filed with the court, or after an examination under oath of a party or witness,
8when the court determines that an examination is necessary. The court is not
9required 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:
SB158,42 12Section 42. 767.84 (1) (a) 1. of the statutes is created to read:
SB158,23,1413 767.84 (1) (a) 1. A person who has undergone a genetic test under s. 49.225,
14unless a party requests additional tests under sub. (2).
SB158,43 15Section 43. 767.84 (1) (a) 2. of the statutes is created to read:
SB158,23,1716 767.84 (1) (a) 2. A deceased respondent if genetic material is not available
17without undue hardship as provided in s. 767.865 (2).
SB158,44 18Section 44 . 767.84 (1) (a) 3. of the statutes is created to read:
SB158,23,2319 767.84 (1) (a) 3. a. Except as provided in subd. 3. b., a male respondent who fails
20to appear, if genetic test results with respect to another man show that the other man
21is not excluded as the father and that the statistical probability of the other man's
22parentage is 99.0 percent or higher creating a presumption of the other man's
23paternity.
SB158,23,2524 b. Subdivision 3. a. does not apply if the presumption of the other man's
25paternity is rebutted.
SB158,45
1Section 45. 767.855 of the statutes is amended to read:
SB158,24,14 2767.855 Dismissal if adjudication not in child's best interest. Except as
3provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
4child, upon the motion of a party or guardian ad litem, the court or supplemental
5court 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

7if the court or supplemental court commissioner determines that a judicial
8determination of whether the a male is the father of the child is not in the best
9interest 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
.
SB158,46 15Section 46 . 767.87 (8) of the statutes is amended to read:
SB158,24,1916 767.87 (8) Burden of proof. The party bringing an action for the purpose of
17determining paternity or for the purpose of declaring the nonexistence of paternity
18presumed under s. 891.405, 891.407, or 891.41 (1) shall have the burden of proving
19the issues involved by clear and satisfactory preponderance of the evidence.
SB158,47 20Section 47 . 769.201 (1m) (gm) of the statutes is created to read:
SB158,24,2221 769.201 (1m) (gm) The individual was conclusively determined from genetic
22test results to be the father under s. 767.804.
SB158,48 23Section 48. 802.12 (3) (d) 1. of the statutes is amended to read:
SB158,24,2524 802.12 (3) (d) 1. Custody and physical placement under s. 767.41, 767.804 (3),
25767.805 (4), 767.863 (3), or 767.89 (3).
SB158,49
1Section 49. 802.12 (3) (d) 3. of the statutes is amended to read:
SB158,25,32 802.12 (3) (d) 3. Child support under s. 767.511, 767.804 (3), 767.805 (4),
3767.863 (3), or 767.89 (3).
SB158,50 4Section 50. 808.075 (4) (d) 9. of the statutes is amended to read:
SB158,25,65 808.075 (4) (d) 9. Enforcement of payments under s. 767.77, 767.804 (3),
6767.805 (4), or 767.89.
SB158,51 7Section 51. 808.075 (4) (d) 10. of the statutes is amended to read:
SB158,25,98 808.075 (4) (d) 10. Enforcement of orders under s. 767.78, 767.804 (3), 767.805
9(4), or 767.89.
SB158,52 10Section 52 . 852.05 (2) of the statutes is amended to read:
SB158,25,1611 852.05 (2) Property of a child born to unmarried parents passes in accordance
12with s. 852.01 except that the father or the father's kindred can inherit only if the
13father has been adjudicated to be the father in a paternity proceeding under ch. 767
14or by final order or judgment of a court of competent jurisdiction in another state or
15has been determined to be the father under s. 767.804 or 767.805 or a substantially
16similar law of another state.
SB158,53 17Section 53 . 891.407 of the statutes is created to read:
SB158,25,21 18891.407 Presumption of paternity based on genetic test results. A man
19is presumed to be the natural father of a child if the man has been conclusively
20determined from genetic test results to be the father under s. 767.804 and no other
21man is presumed to be the father under s. 891.405 or 891.41 (1).
SB158,54 22Section 54 . 938.02 (13) of the statutes is amended to read:
SB158,26,1523 938.02 (13) “Parent" means a biological parent, a husband who has consented
24to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
25the juvenile is a nonmarital child who is not adopted or whose parents do not

1subsequently 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
person
3acknowledged under s. 767.805 or a substantially similar law of another state or
4adjudicated to be the biological father. “Parent" does not include any person whose
5parental rights have been terminated. For purposes of the application of s. 938.028
6and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
7biological parent, an Indian husband who has consented to the artificial
8insemination of his wife under s. 891.40, or an Indian person who has lawfully
9adopted an Indian juvenile, including an adoption under tribal law or custom, and
10includes, in the case of a nonmarital child who is not adopted or whose parents do
11not 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
13under s. 767.805, a substantially similar law of another state, or tribal law or custom
14to be the biological father, or a person adjudicated to be the biological father, but does
15not include any person whose parental rights have been terminated.
SB158,55 16Section 55 . 938.27 (5) of the statutes is amended to read:
SB158,26,2317 938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall
18make reasonable efforts to identify and notify any person who has filed a declaration
19of 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
21acknowledged paternity of the child under s. 767.805 (1), and any person who has
22been adjudged to be the father of the juvenile in a judicial proceeding unless the
23person's parental rights have been terminated.
SB158,56 24Section 56 . 938.396 (2g) (g) of the statutes is amended to read:
SB158,27,11
1938.396 (2g) (g) Paternity of juvenile. Upon request of a court having
2jurisdiction over actions affecting the family, an attorney responsible for support
3enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
4IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
5subject of that proceeding to review or be provided with information from the records
6of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
7to the paternity of a juvenile for the purpose of determining the paternity of the
8juvenile or for the purpose of rebutting the presumption of paternity under s.
9891.405, 891.407, or 891.41, the court assigned to exercise jurisdiction under this
10chapter and ch. 48 shall open for inspection by the requester its records relating to
11the paternity of the juvenile or disclose to the requester those records.
SB158,57 12Section 57. Initial applicability.
SB158,27,1513 (1) Paternity determination or presumption based on genetic test results.
14The treatment of s. 767.804 first applies to genetic tests that are performed on the
15effective date of this subsection.
SB158,27,1916 (2) Genetic tests in paternity actions. The treatment of s. 767.855, the
17renumbering and amendment of s. 767.84 (1) (a), and the creation of s. 767.84 (1) (a)
181., 2., and 3. first apply to paternity actions commenced on the effective date of this
19subsection.
SB158,58 20Section 58 . Effective dates.
SB158,27,2221 (1) This act takes effect on the first day of the 6th month beginning after
22publication.
SB158,27,2323 (End)
Loading...
Loading...