AB816: Bill Text

AB816,54,3 767.80 (1) Who may bring action or file motion. (intro.) The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41 (1):

AB816,121 Section 121. 767.80 (1) (c) of the statutes is amended to read:

AB816,54,7 767.80 (1) (c) Unless s. 767.805 (1) applies, a male presumed to be the child's father under s. 891.405 or a person presumed to be the child's parent under s. 891.41 (1).

AB816,122 Section 122. 767.80 (2) of the statutes is amended to read:

AB816,54,17 767.80 (2) Certain agreements not a bar to action. Regardless of its terms, an agreement made after July 1, 1981, other than an agreement approved by the court between an alleged father or presumed father parent and the mother or child, does not bar an action under this section. Whenever the court approves an agreement in which one of the parties agrees not to commence an action under this section, the court shall first determine whether or not the agreement is in the best interest of the child. The court shall not approve any provision waiving the right to bring an action under this section if this provision is contrary to the best interests of the child.

AB816,123 Section 123. 767.855 of the statutes is amended to read:

AB816,55,2 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem or the child's mother if she is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or supplemental court commissioner determines that a judicial determination of whether the male is the father of the child is not in the best interest of the child.

AB816,124 Section 124. 767.863 (1m) of the statutes is amended to read:

AB816,55,14 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB816,125 Section 125. 767.87 (1m) (intro.) of the statutes is amended to read:

AB816,55,21 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth certificate or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth certificate as the father parent of the child other than the mother, at the earliest possible of the following:

AB816,126 Section 126. 767.87 (8) of the statutes is amended to read:

AB816,56,2 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or the nonexistence of parentage presumed under s. 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB816,127 Section 127. 767.87 (9) of the statutes is amended to read:

AB816,56,7 767.87 (9) Artificial insemination; natural father parent. Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

AB816,128 Section 128. 767.883 (1) of the statutes is amended to read:

AB816,57,4 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

AB816,129 Section 129. 769.316 (9) of the statutes is amended to read:

AB816,57,8 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.

AB816,130 Section 130. 769.401 (2) (a) of the statutes, as affected by 2009 Wisconsin Act 321, is amended to read:

AB816,57,11 769.401 (2) (a) A presumed father parent of the child.

AB816,131 Section 131. 769.401 (2) (g) of the statutes, as affected by 2009 Wisconsin Act 321, is amended to read:

AB816,57,14 769.401 (2) (g) The mother A parent of the child.

AB816,132 Section 132. 815.20 (1) of the statutes is amended to read:

AB816,58,3 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB816,133 Section 133. 822.40 (4) of the statutes is amended to read:

AB816,58,8 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

AB816,134 Section 134. 851.30 (2) (a) of the statutes is amended to read:

AB816,58,14 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

AB816,135 Section 135. 852.01 (1) (f) 1. of the statutes is amended to read:

AB816,58,19 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

AB816,136 Section 136. 852.01 (1) (f) 2. of the statutes is amended to read:

AB816,58,22 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

AB816,137 Section 137. 852.01 (1) (f) 3. of the statutes is amended to read:

AB816,59,3 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

AB816,138 Section 138. 854.03 (3) of the statutes is amended to read:

AB816,59,11 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50% 50 percent of the marital property shall be distributed as if it were the husband's the first spouse's individual property and the husband 2nd spouse had survived, and 50% 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

AB816,139 Section 139. 891.39 (title) of the statutes is amended to read:

AB816,59,14 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

AB816,140 Section 140. 891.39 (1) (a) of the statutes is amended to read:

AB816,60,4 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0% 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB816,141 Section 141. 891.39 (1) (b) of the statutes is amended to read:

AB816,60,13 891.39 (1) (b) In actions affecting the family, in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. 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).

AB816,142 Section 142. 891.39 (3) of the statutes is amended to read:

AB816,60,21 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth certificate showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

AB816,143 Section 143. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB816,61,4 891.40 (1) (a) If, under the supervision of a licensed physician and with the consent of her husband spouse, a wife woman is inseminated artificially as provided in par. (b) with semen donated by a man who is not her husband spouse, the husband spouse of the mother at the time of the conception of the child shall be the natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife. The by the mother.

AB816,61,11 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband's spouse's consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

AB816,61,13 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

AB816,61,15 3. Notwithstanding subd. 1., the physician's or spouses' failure to file the consent form does not affect the legal status of father natural parent and child.

AB816,61,19 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB816,144 Section 144. 891.40 (1) (b) of the statutes is created to read:

AB816,61,22 891.40 (1) (b) The artificial insemination under par. (a) must satisfy either of the following:

AB816,61,24 1. The artificial insemination takes place under the supervision of a licensed physician.

AB816,62,3 2. The artificial insemination does not take place under the supervision of a licensed physician, but the semen used for the insemination is obtained from a sperm bank.

AB816,145 Section 145. 891.40 (2) of the statutes is amended to read:

AB816,62,8 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor's wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

AB816,146 Section 146. 891.40 (3) of the statutes is created to read:

AB816,62,12 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

AB816,147 Section 147. 891.41 (title) of the statutes is amended to read:

AB816,62,15 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

AB816,148 Section 148. 891.41 (1) (intro.) of the statutes is amended to read:

AB816,62,18 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

AB816,149 Section 149. 891.41 (1) (a) of the statutes is amended to read:

AB816,62,23 891.41 (1) (a) He The person and the child's natural mother are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

AB816,150 Section 150. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

AB816,63,4 891.41 (1) (b) (intro.) He The person and the child's natural mother were married to each other after the child was born but he the person and the child's natural mother had a relationship with one another during the period of time within which the child was conceived and no other all of the following apply:

AB816,63,5 1. No man has been adjudicated to be the father or.

AB816,63,7 2. No other person is presumed to be the father parent of the child under par. (a).

AB816,151 Section 151. 891.41 (2) of the statutes is amended to read:

AB816,63,15 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0% 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB816,152 Section 152. 891.41 (3) of the statutes is created to read:

AB816,63,18 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

AB816,153 Section 153. 905.05 (title) of the statutes is amended to read:

AB816,63,20 905.05 (title) Husband-wife Spousal and domestic partner privilege.

AB816,154 Section 154. 938.02 (13) of the statutes is amended to read:

AB816,64,13 938.02 (13) "Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If 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 acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, "parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father or a person adjudicated to be the biological father, but does not include any person whose parental rights have been terminated.

AB816,155 Section 155. 938.396 (2g) (g) of the statutes is amended to read:

AB816,65,2 938.396 (2g) (g) Paternity of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity of a juvenile for the purpose of determining the paternity of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity of the juvenile or disclose to the requester those records.

AB816,156 Section 156. 943.20 (2) (c) of the statutes is amended to read:

AB816,65,6 943.20 (2) (c) "Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

AB816,157 Section 157. 943.201 (1) (b) 8. of the statutes is amended to read:

AB816,65,9 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent before marriage if the surname was changed as a result of marriage.

AB816,158 Section 158. 943.205 (2) (b) of the statutes is amended to read:

AB816,65,13 943.205 (2) (b) "Owner" includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

AB816,159 Section 159. 990.01 (22m) of the statutes is created to read:

AB816,65,17 990.01 (22m) Natural parent. "Natural parent" means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

AB816,160 Section 160. 990.01 (39) of the statutes is created to read:

AB816,65,20 990.01 (39) Spouses. "Spouses" means 2 individuals of the same or opposite sex who are legally married to each other.