(a) The man named as a possible father of the child may claim that he was sterile or impotent at the time of conception.
(b) The mother may claim that she, or the man named as a possible father may claim that he, did not have sexual intercourse with the other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).
(c) The mother or the man named as a possible father may claim that another man had sexual intercourse with the mother during the conceptive period.
6. You have the right to request a jury trial on the issue of whether the named man is the father.
7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father as the father.
8. You must keep the clerk of court and child support agency informed of your current address at all times.
Note: Replaces the current statutory form for "Notice to Respondent" in a paternity action with a general "Notice to Parties" statutory form. In addition to making the notice form a general form for all parties, this Section revises the form to:
1. Replace the current phrase indicating that a judgment of paternity "grants parental rights to that man" with a statement that the judgment "creates a legally recognized parent-child relationship between the man and the child".
2. Revise the phrase "failure to pay child support" in item 1 in the Notice to read "failure by either parent to pay court-ordered support".
3. Clarify that the right to request a jury trial in item 6 in the Notice refers to a jury trial "on the issue of whether the named man is the father".
4. Revise item 7 in the Notice to delete statements relating to the effective date of a default judgment (under the bill, a default judgment takes effect immediately) and waiver of first appearance (waiver of first appearance provisions are repealed in the bill).
5. Specify that the party must keep the child support agency, as well as the clerk of court (current law), informed of current address.
443,245
Section
245. 767.814 of the statutes is created to read:
767.814 Names on pleadings after paternity determined. After paternity is determined by the court in an action or proceeding under this subchapter, any papers filed in, and any records of, the court relating to the action or proceeding may identify the parties by name instead of by initials.
Note: Permits the use of names rather than initials on pleadings and other court findings and court records once paternity is determined. Based on a recommendation of the paternity reform committee.
443,246
Section
246. 767.815 (1) (title) and (2) (title) of the statutes are created to read:
767.815 (1) (title) Good cause.
(2) (title) Reasonable grounds; due diligence.
443,247
Section
247. 767.82 (1) (title), (2) (title), (3) (title), (4) (title), (5) (title), (6) (title), (7) (title) and (8) (title) of the statutes are created to read:
767.82 (1) (title) Appointment of guardian ad litem.
(2) (title) Presumption.
(3) (title) Time of conception; evidence.
(4) (title) Discovery.
(5) (title) Statute of limitations.
(6) (title) Arrest.
(7) (title) Appointment of trustee or guardian.
(8) (title) Procedures applicable to other matters in action.
443,248
Section
248. 767.83 (2) (title) of the statutes is created to read:
767.83 (2) (title) Extent of appointed attorney's representation.
443,249
Section
249. 767.84 (1) (title) of the statutes is created to read:
767.84 (1) (title) When test ordered; report.
443,251
Section
251. 767.84 (1m) (title), (2) (title), (3) (title), (5) (title), (6) (title) and (7) (title) of the statutes are created to read:
767.84 (1m) (title) Rebuttable presumption.
(2) (title) Independent tests.
(3) (title) Number and qualifications of experts.
(5) (title) Fees and costs.
(6) (title) Calling certain witnesses; notice.
(7) (title) Notice of right to tests.
443,252
Section
252. 767.85 (1) (title) of the statutes is created to read:
767.85 (1) (title) When required.
443,253
Section
253. 767.853 (1) (title) and (2) (title) of the statutes are created to read:
767.853 (1) (title) Pending proceeding.
(2) (title) Information to department.
443,254
Section
254. 767.863 (3) (title) of the statutes is created to read:
767.863 (3) (title) Orders if statement on file.
443,255
Section
255. 767.865 (1) (title) of the statutes is created to read:
767.865 (1) (title) Who may appear.
443,256
Section
256
. 767.865 (1) (b) of the statutes is created to read:
767.865 (1) (b) If the court determines that it is appropriate, the court may appoint a guardian ad litem for the deceased respondent for purposes of par. (a). Section 767.407 (3) and (5) applies to the guardian ad litem. The guardian ad litem shall represent the interests of the deceased respondent. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order the compensation to be paid from the deceased respondent's estate. If the moneys in the estate are not sufficient to pay all or part of the compensation, the court may direct that the county of venue pay the compensation. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
Note: See the note to Sec. 257 of this bill.
443,257
Section
257
. 767.865 (2) of the statutes is created to read:
767.865 (2) Genetic tests. If genetic material is available, without undue hardship, from a deceased respondent or a relative of the deceased respondent in an action for paternity, genetic tests shall be administered in accordance with s. 767.84. There is a rebuttable presumption that exhumation of the deceased respondent's body to obtain the genetic material for testing is an undue hardship under this subsection.
Note: Sections 256 and 257 of this bill are based on a recommendation of the paternity reform committee.
1. Section 256 permits the appointment of a guardian ad litem to represent a deceased respondent when there is no personal representative and requires the guardian ad litem to receive service of the summons and petition. The reform committee's recommendation to appoint a guardian ad litem for "a deceased respondent who is the alleged father" is expanded to include any deceased respondent. See, also, Sec. 200 of this bill.
2. Section 257 requires genetic tests if genetic material is available, without undue hardship, from the deceased or his relatives. Exhumation is rebuttably presumed an undue hardship.
443,258
Section
258. 767.87 (1) (title), (1m) (title), (2) (title), (2m) (title), (4) (title), (5) (title), (6) (title), (7) (title), (8) (title), (9) (title), (10) (title) and (11) (title) of the statutes are created to read:
767.87 (1) (title) Generally.
(1m) (title) Birth record required.
(2) (title) Admissibility of sexual relations by mother.
(2m) (title) Admissibility of certain medical and genetic information.
(4) (title) Immunity.
(5) (title) Refusal to testify or produce evidence.
(6) (title) When mother not compelled to testify.
(7) (title) Certain testimony of physician not privileged.
(8) (title) Burden of proof.
(9) (title) Artificial insemination; natural father.
(10) (title) Record of mother's testimony admissible.
(11) (title) Related costs admissible.
443,259
Section
259. 767.88 (2) (title), (3) (title), (4) (title), (5) (title) and (6) (title) of the statutes are created to read:
767.88 (2) (title) Court evaluation and recommendation.
(3) (title) Acceptance of recommendation; judgment.
(4) (title) Recommendation refused and no tests taken.
(5) (title) Final recommendation not accepted; trial.
(6) (title) Termination of informal hearing.
443,260
Section
260. 767.883 (2) (title) of the statutes is created to read:
767.883 (2) (title) Jury size; verdict.
443,261
Section
261. 767.89 (1) (title), (3) (title), (3m) (title), (4) (title) and (7) (title) of the statutes are created to read:
767.89 (1) (title) Effect of judgment or order.
(3) (title) Content of judgment or order.
(3m) (title) Change of child's name.
(4) (title) Liability for past support.
(7) (title) Preparation of final papers.
443,262
Section
262
. 767.893 (2) (b) 2. of the statutes is created to read:
767.893 (2) (b) 2. The alleged father who fails to appear has had genetic tests under s. 49.225 or 767.84 showing that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0 percent or higher.
Note: Authorizes the court to enter a default judgment when an alleged father has a genetic test result of 99% or higher, even though there may be another untested alleged father. Based on a recommendation of the paternity reform committee.
443,263
Section
263. 808.075 (4) (d) 13. of the statutes is amended to read:
808.075 (4) (d) 13. Determination of arrearages under s. 767.293 charges and issuance of repayment orders under s. 767.71.
443,264
Section
264. 814.615 (1) (a) (intro.) and (2) of the statutes are amended to read:
814.615 (1) (a) (intro.) Except as provided under sub. (2), for family court counseling services provided under s. 767.11 767.405 a county shall collect the following fees:
