Summary
This bill recognizes same-sex marriage by making references in the statutes
to spouses gender neutral. The bill also recognizes legal parentage for same-sex
couples under certain circumstances.
Same-sex marriage
This bill provides that marriage may be contracted between persons of the same
sex and confers the same rights and responsibilities on married persons of the same

sex that married persons of the opposite sex have under current law. The bill defines
"spouse" as a person who is legally married to another person of the same or opposite
sex and replaces every reference to "husband" or "wife" in current law with "spouse."
The bill makes applicable to married persons of the same sex all provisions under
current law that apply to married persons of the opposite sex. These provisions
relate to such diverse areas of the law as income tax, marital property, inheritance
rights, divorce, child and spousal support, insurance coverage, family and spousal
recreational licenses, consent to conduct an autopsy, domestic abuse, and eligibility
for various types of benefits, such as retirement or death benefits and medical
assistance.
Same-sex parents
In addition to making statutory references to spouses gender neutral, the bill
specifies ways in which married couples of the same sex may be the legal parents of
a child and, with some exceptions, makes current references in the statutes to
"mother" and "father," and related terms, gender neutral.
Under current law, all of the following may adopt a child: a husband and wife
jointly, a husband or wife whose spouse is the parent of the child, and an unmarried
adult. Because the bill makes references in the statutes to spouses gender neutral,
same-sex spouses jointly may adopt a child and become the legal parents of the child,
and a same-sex spouse of a person who is the parent of a minor child may adopt the
child and become the legal parent of his or her spouse's child.
Under current law, if a woman is artificially inseminated under the supervision
of a physician with semen donated by a man who is not her husband and the husband
consents in writing to the artificial insemination of his wife, the husband is the
natural father of any child conceived. Under this bill, a same-sex spouse may also
consent to the artificial insemination of her spouse with donated semen and is the
natural parent of the child conceived. The artificial insemination is not required to
take place under the supervision of a physician, but, if it does not, the semen used
for the insemination must have been obtained from a sperm bank.
Under current law, there is a paternity presumption whereby a man is
presumed to be the father of a child if he and the child's natural mother 1) were
married to each other when the child was conceived or born or 2) married each other
after the child was born but had a relationship with each other when the child was
conceived and no other man has been adjudicated to be the father or is presumed to
be the father because the man was married to the mother when the child was
conceived or born. The paternity presumption may be rebutted in a legal action or
proceeding by the results of a genetic test showing that the statistical probability of
another man's parentage is 99.0 percent or higher. The bill expands this
presumption into a parentage presumption, so that a person is presumed to be the
natural parent of a child if he or she 1) was married to the child's mother when the
child was conceived or born or 2) married the child's mother after the child was born
but had a relationship with the mother when the child was conceived and no man has
been adjudicated to be the father and no other person is presumed to be the child's
parent because he or she was married to the mother when the child was conceived
or born. The parentage presumption may still be rebutted by the results of a genetic

test showing that the statistical probability of another person's parentage is 99.0
percent or higher.
The bill does not change the paternity statutes or the statutes relating to
statements acknowledging paternity or declarations of paternal interest with
respect to their application only to a male who may be adjudicated to be the father
of a child or who may sign a statement or declaration that he is the father of a child.
Expanding on current law, however, the bill allows for a paternity action to be
brought for the purpose of rebutting the parentage presumption, regardless of
whether that presumption applies to a male or female spouse of the mother of the
child.
The bill defines "natural parent" as a parent of a child who is not an adoptive
parent, whether the parent is biologically related to the child or not. Thus, a person
who is a biological parent, a parent by consenting to the artificial insemination of his
or her spouse, or a parent under the parentage presumption is a natural parent of
a child. The definition applies throughout the statutes wherever the term "natural
parent" is used. In addition, the bill expands some references in the statutes to
"biological parent" by changing the reference to "natural parent."
Birth certificates
Generally, the bill substitutes the term "spouse" for "husband" in the birth
certificate statutes and enters the spouse, instead of the husband, of a birth mother
on the birth certificate at times when a husband would currently be entered on a
birth certificate. A birth mother's name is entered on a birth certificate when she
gives birth to a child and current law specifies when the husband, father, or no
additional name should be entered on the birth certificate. Current law requires that
if a birth mother is married at any time from the conception to the birth of a child,
then her husband's name is entered on the birth certificate as the legal father of the
child. Under the bill, if a birth mother is married at any time from the conception
to the birth of the child, then her spouse's name is entered as a legal parent of the
child. The bill also specifies that, in the instance that a second parent's name is
initially omitted from the birth certificate, if the state registrar receives a signed
acknowledgement of parentage by people presumed to be parents because the two
people married after the birth of the child, the two people had a relationship during
the time the child was conceived, no man is adjudicated to be the father, and no other
person is presumed to be the parent, then the state registrar must enter the name
of the birth mother's spouse as a parent on the birth certificate.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB816,1 1Section 1. 29.219 (4) of the statutes is amended to read:
AB816,5,4
129.219 (4) Husband and wife Spouses resident licenses. A combined husband
2and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
3department to residents applying for this license. This license confers upon both
4husband and wife spouses the privileges of resident fishing licenses.
AB816,2 5Section 2. 29.228 (5) of the statutes is amended to read:
AB816,5,96 29.228 (5) Annual family fishing license. The department shall issue a
7nonresident annual family fishing license, subject to s. 29.024, to any nonresident
8who applies for this license. This license entitles the husband, wife spouses and any
9minor children to fish under this license.
AB816,3 10Section 3. 29.228 (6) of the statutes is amended to read:
AB816,5,1411 29.228 (6) Fifteen-day family fishing license. The department shall issue a
12nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
13who applies for this license. This license entitles the husband, wife spouses and any
14minor children to fish under this license.
AB816,4 15Section 4. 29.229 (2) (i) of the statutes is amended to read:
AB816,5,1616 29.229 (2) (i) Husband and wife Spouses fishing licenses.
AB816,5 17Section 5. 29.2295 (2) (i) of the statutes is amended to read:
AB816,5,1818 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
AB816,6 19Section 6. 29.563 (3) (a) 3. of the statutes is amended to read:
AB816,5,2020 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.
AB816,7 21Section 7. 29.607 (3) of the statutes is amended to read:
AB816,6,622 29.607 (3) License required; exceptions; wild rice identification card. Every
23person over the age of 16 and under the age of 65 shall obtain the appropriate wild
24rice license to harvest or deal in wild rice but no license to harvest is required of the
25members of the immediate family of a licensee or of a recipient of old-age assistance

1or members of their immediate families. The department, subject to s. 29.024 (2g)
2and (2r), shall issue a wild rice identification card to each member of a licensee's
3immediate family, to a recipient of old-age assistance and to each member of the
4recipient's family. The term "immediate family" includes husband and wife spouses
5and minor children having their abode and domicile with the parent or legal
6guardian.
AB816,8 7Section 8. 45.01 (6) (c) of the statutes is amended to read:
AB816,6,108 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in
9the place of a parent and who has so acted for not less than 12 months prior to the
10veteran's entrance into active service.
AB816,9 11Section 9. 45.51 (3) (c) 2. of the statutes is amended to read:
AB816,6,1312 45.51 (3) (c) 2. The department may deviate from this sequence upon order of
13the board to prevent the separation of a husband and wife spouses.
AB816,10 14Section 10. 45.51 (5) (a) 1. b. of the statutes is amended to read:
AB816,6,1815 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
16the person entered the service and who became a widow or widower surviving spouse
17by the death of the person while in the service or as a result of physical disability of
18the person incurred during the service.
AB816,11 19Section 11. 45.51 (5) (a) 1. c. of the statutes is amended to read:
AB816,6,2320 45.51 (5) (a) 1. c. The period during which the surviving spouse was married
21to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of
22widowhood or widowerhood
after the death of the deceased person is 6 months or
23more.
AB816,12 24Section 12. 45.55 of the statutes is amended to read:
AB816,7,15
145.55 Notes and mortgages of minor veterans. Notwithstanding any
2provision of this chapter or any other law to the contrary, any minor who served in
3the active armed forces of the United States at any time after August 27, 1940, and
4the husband or wife spouse of such a minor may execute, in his or her own right, notes
5or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
6by the U.S. department of veterans affairs or the federal housing administrator
7under the servicemen's readjustment act of 1944, the national housing act, or any
8acts supplementing or amending these acts. In connection with these transactions,
9the minors may sell, release, or convey the mortgaged property and litigate or settle
10controversies arising therefrom, including the execution of releases, deeds, and other
11necessary papers or instruments. The notes, mortgages, releases, deeds, and other
12necessary papers or instruments when so executed are not subject to avoidance by
13the minor or the husband or wife spouse of the minor upon either or both of them
14attaining the age of 18 because of the minority of either or both of them at the time
15of the execution thereof.
AB816,13 16Section 13. 46.10 (2) of the statutes is amended to read:
AB816,8,2017 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
18including but not limited to a person admitted, committed, protected, or placed under
19s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
20stats., and 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
2151.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
22971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies
23provided by any institution in this state including University of Wisconsin Hospitals
24and Clinics, in which the state is chargeable with all or part of the person's care,
25maintenance, services, and supplies, any person receiving care and services from a

1county department established under s. 51.42 or 51.437 or from a facility established
2under s. 49.73, and any person receiving treatment and services from a public or
3private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
4971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
5the homestead, and the spouse of the person, and the spouse's property and estate,
6including the homestead, and, in the case of a minor child, the parents of the person,
7and their property and estates, including their homestead, and, in the case of a
8foreign child described in s. 48.839 (1) who became dependent on public funds for his
9or her primary support before an order granting his or her adoption, the resident of
10this state appointed guardian of the child by a foreign court who brought the child
11into this state for the purpose of adoption, and his or her property and estate,
12including his or her homestead, shall be liable for the cost of the care, maintenance,
13services, and supplies in accordance with the fee schedule established by the
14department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an
15incapacitated person may be lawfully dependent upon the property for their support,
16the court shall release all or such part of the property and estate from the charges
17that may be necessary to provide for those persons. The department shall make
18every reasonable effort to notify the liable persons as soon as possible after the
19beginning of the maintenance, but the notice or the receipt thereof is not a condition
20of liability.
AB816,14 21Section 14. 48.02 (13) of the statutes is amended to read:
AB816,9,1322 48.02 (13) "Parent" means a biological natural parent, a husband who has
23consented to the artificial insemination of his wife under s. 891.40,
or a parent by
24adoption. If the child is a nonmarital child who is not adopted or whose parents do
25not subsequently intermarry under s. 767.803, "parent" includes a person

1acknowledged under s. 767.805 or a substantially similar law of another state or
2adjudicated to be the biological father. "Parent" does not include any person whose
3parental rights have been terminated. For purposes of the application of s. 48.028
4and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, "parent" means a
5biological natural parent of an Indian child, an Indian husband spouse who has
6consented to the artificial insemination of his wife or her spouse under s. 891.40, or
7an Indian person who has lawfully adopted an Indian child, including an adoption
8under tribal law or custom, and includes, in the case of a nonmarital Indian child who
9is not adopted or whose parents do not subsequently intermarry under s. 767.803,
10a person acknowledged under s. 767.805, a substantially similar law of another state,
11or tribal law or custom to be the biological father or a person adjudicated to be the
12biological father, but does not include any person whose parental rights have been
13terminated.
AB816,15 14Section 15. 48.396 (2) (dm) of the statutes is amended to read:
AB816,9,2515 48.396 (2) (dm) Upon request of a court having jurisdiction over actions
16affecting the family, an attorney responsible for support enforcement under s. 59.53
17(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
18attorney or the guardian ad litem for the child who is the subject of that proceeding
19to review or be provided with information from the records of the court assigned to
20exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
21for the purpose of determining the paternity of the child or for the purpose of
22rebutting the presumption of paternity under s. 891.405 or the presumption of
23parentage under s.
891.41 (1), the court assigned to exercise jurisdiction under this
24chapter and ch. 938 shall open for inspection by the requester its records relating to
25the paternity of the child or disclose to the requester those records.
AB816,16
1Section 16. 48.422 (7) (bm) of the statutes is amended to read:
AB816,10,192 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
3been identified. If a proposed adoptive parent of the child has been identified and
4the proposed adoptive parent is not a relative of the child, the court shall order the
5petitioner to submit a report to the court containing the information specified in s.
648.913 (7). The court shall review the report to determine whether any payments or
7agreement to make payments set forth in the report are coercive to the birth parent
8of the child or to an alleged to or presumed father of the child or are impermissible
9under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of
10the child, an
, alleged father, or presumed father parent of the child or the child
11conditional in any part upon transfer or surrender of the child or the termination of
12parental rights or the finalization of the adoption creates a rebuttable presumption
13of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend
14the agreement to delete any coercive conditions, if the parties agree to the
15amendment. Upon a finding that payments which that are impermissible under s.
1648.913 (4) have been made, the court may dismiss the petition and may refer the
17matter to the district attorney for prosecution under s. 948.24 (1). This paragraph
18does not apply if the petition was filed with a petition for adoptive placement under
19s. 48.837 (2).
AB816,17 20Section 17. 48.422 (7) (br) of the statutes is amended to read:
AB816,10,2321 48.422 (7) (br) Establish whether any person has coerced a birth parent or any,
22alleged father, or presumed father parent of the child in violation of s. 48.63 (3) (b)
235. Upon a finding of coercion, the court shall dismiss the petition.
AB816,18 24Section 18. 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB816,11,3
148.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
2mother at the time the individual or adoptee is conceived or born, or when the parents
3intermarry under s. 767.803.
AB816,19 4Section 19. 48.63 (3) (b) 4. of the statutes is amended to read:
AB816,11,135 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department,
6county department, or child welfare agency making the placement and the proposed
7adoptive parent or parents shall enter into a written agreement that specifies who
8is financially responsible for the cost of providing care for the child prior to the
9finalization of the adoption and for the cost of returning the child to the parent who
10has custody of the child if the adoption is not finalized. Under the agreement, the
11department, county department, or child welfare agency or the proposed adoptive
12parent or parents, but not the any birth parent of the child or any, alleged father, or
13presumed father parent of the child, shall be financially responsible for those costs.
AB816,20 14Section 20. 48.63 (3) (b) 5. of the statutes is amended to read:
AB816,11,2015 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person
16may coerce a birth parent of the child or any, alleged father, or presumed father
17parent of the child into refraining from exercising his or her right to withdraw
18consent to the transfer or surrender of the child or to termination of his or her
19parental rights to the child, to have reasonable visitation or contact with the child,
20or to otherwise exercise his or her parental rights to the child.
AB816,21 21Section 21. 48.82 (1) (a) of the statutes is amended to read:
AB816,11,2322 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
23if
the other spouse is of a parent of the minor.
AB816,22 24Section 22. 48.837 (1r) (d) of the statutes is amended to read:
AB816,12,9
148.837 (1r) (d) Before a child may be placed under par. (a), the department,
2county department, or child welfare agency making the placement and the proposed
3adoptive parent or parents shall enter into a written agreement that specifies who
4is financially responsible for the cost of providing care for the child prior to the
5finalization of the adoption and for the cost of returning the child to the parent who
6has custody of the child if the adoption is not finalized. Under the agreement, the
7department, county department, or child welfare agency or the proposed adoptive
8parent or parents, but not the any birth parent of the child or any, alleged father, or
9presumed father parent of the child, shall be financially responsible for those costs.
AB816,23 10Section 23. 48.837 (1r) (e) of the statutes is amended to read:
AB816,12,1611 48.837 (1r) (e) Prior to termination of parental rights to the child, no person
12may coerce a birth parent of the child or any, alleged father, or presumed father
13parent of the child into refraining from exercising his or her right to withdraw
14consent to the transfer or surrender of the child or to termination of his or her
15parental rights to the child, to have reasonable visitation or contact with the child,
16or to otherwise exercise his or her parental rights to the child.
AB816,24 17Section 24. 48.837 (6) (b) of the statutes is amended to read:
AB816,13,618 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
19review the report that is submitted under s. 48.913 (6). The court shall determine
20whether any payments or the conditions specified in any agreement to make
21payments are coercive to the any birth parent of the child or to an, alleged father, or
22presumed father parent of the child or are impermissible under s. 48.913 (4). Making
23any payment to or on behalf of the a birth parent of the child, an, alleged father, or
24presumed father parent of the child or the child conditional in any part upon transfer
25or surrender of the child or the termination of parental rights or the finalization of

1the adoption creates a rebuttable presumption of coercion. Upon a finding of
2coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the
3agreement to delete any coercive conditions, if the parties agree to the amendment.
4Upon a finding that payments which that are impermissible under s. 48.913 (4) have
5been made, the court may dismiss the petition and may refer the matter to the
6district attorney for prosecution under s. 948.24 (1).
AB816,25 7Section 25. 48.837 (6) (br) of the statutes is amended to read:
AB816,13,118 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
9determine whether any person has coerced a birth parent or any, alleged father, or
10presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of
11coercion, the court shall dismiss the petitions under subs. (2) and (3).
AB816,26 12Section 26. 48.913 (1) (a) of the statutes is amended to read:
AB816,13,1413 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an,
14alleged father, or presumed father parent of the child.
AB816,27 15Section 27. 48.913 (1) (b) of the statutes is amended to read:
AB816,13,1716 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an,
17alleged father, or presumed father parent of the child.
AB816,28 18Section 28. 48.913 (1) (h) of the statutes is amended to read:
AB816,13,2119 48.913 (1) (h) Legal and other services received by a birth parent of the child,
20an
, alleged father, or presumed father parent of the child or the child in connection
21with the adoption.
AB816,29 22Section 29. 48.913 (2) (intro.) of the statutes is amended to read:
AB816,14,423 48.913 (2) Payment of expenses when birth parent is residing in another
24state.
(intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
25a person acting on behalf of the proposed adoptive parents of a child may pay for an

1expense of a birth parent of the child or an, alleged father, or presumed father parent
2of the child if the birth parent or the, alleged father, or presumed father parent was
3residing in another state when the payment was made and when the expense was
4incurred and if all of the following apply:
AB816,30 5Section 30. 48.913 (2) (b) of the statutes is amended to read:
AB816,14,86 48.913 (2) (b) The state in which the birth parent or the, alleged father, or
7presumed father parent was residing when the payment was made permits the
8payment of that expense by the proposed adoptive parents of the child.
AB816,31 9Section 31. 48.913 (2) (c) (intro.) of the statutes is amended to read:
AB816,14,1810 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a
11copy of the statutory provisions of the state in which the birth parent or the, alleged
12father, or presumed father parent was residing when the payments were made that
13permit those payments to be made by the proposed adoptive parents of the child, and
14a copy of all orders entered in the state in which the birth parent or the, alleged
15father, or presumed father parent was residing when the payments were made that
16relate to the payment of expenses of the birth parent or the, alleged father, or
17presumed father parent by the proposed adoptive parents of the child is submitted
18to the court as follows:
AB816,32 19Section 32. 48.913 (3) of the statutes is amended to read:
AB816,15,220 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made
21directly to the provider of a good or service except that a payment under sub. (1) or
22(2) may be made to a birth parent of the child or to an, alleged father, or presumed
23father parent of the child as reimbursement of an amount previously paid by the
24birth parent or by the, alleged father, or presumed father parent if documentation

1is provided showing that the birth parent or, alleged father, or presumed father
2parent has made the previous payment.
AB816,33 3Section 33. 48.913 (4) of the statutes is amended to read:
AB816,15,74 48.913 (4) Other payments prohibited. The proposed adoptive parents of a
5child or a person acting on behalf of the proposed adoptive parents may not make any
6payments to or on behalf of a birth parent of the child, an, alleged father, or presumed
7father parent of the child or the child except as provided in subs. (1) and (2).
AB816,34 8Section 34. 48.913 (7) of the statutes is amended to read:
AB816,15,239 48.913 (7) Report to the court; contents required. The report required under
10sub. (6) shall include a list of all transfers of anything of value made or agreed to be
11made by the proposed adoptive parents or by a person acting on their behalf to a birth
12parent of the child, an, alleged father, or presumed father parent of the child or the
13child, on behalf of a birth parent of the child, an, alleged father, or presumed father
14parent of the child or the child, or to any other person in connection with the
15pregnancy, the birth of the child, the placement of the child with the proposed
16adoptive parents, or the adoption of the child by the proposed adoptive parents. The
17report shall be itemized and shall show the goods or services for which payment was
18made or agreed to be made. The report shall include the dates of each payment, the
19names and addresses of each attorney, doctor, hospital, agency, or other person or
20organization receiving any payment from the proposed adoptive parents or a person
21acting on behalf of the proposed adoptive parents in connection with the pregnancy,
22the birth of the child, the placement of the child with the proposed adoptive parents,
23or the adoption of the child by the proposed adoptive parents.
AB816,35 24Section 35. 49.141 (1) (j) 1. of the statutes is amended to read:
AB816,15,2525 49.141 (1) (j) 1. A biological natural parent.
AB816,36
1Section 36. 49.141 (1) (j) 2. of the statutes is repealed.
AB816,37 2Section 37. 49.155 (1m) (c) 1g. of the statutes is amended to read:
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