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