AB816,61,2423
1. The artificial insemination takes place under the supervision of a licensed
24physician.
AB816,62,3
12. The artificial insemination does not take place under the supervision of a
2licensed physician, but the semen used for the insemination is obtained from a sperm
3bank.
AB816,145
4Section
145. 891.40 (2) of the statutes is amended to read:
AB816,62,85
891.40
(2) The donor of semen provided to a licensed physician
or obtained from
6a sperm bank for use in
the artificial insemination of a woman other than the donor's
7wife spouse is not the natural
father parent of a child conceived, bears no liability for
8the support of the child
, and has no parental rights with regard to the child.
AB816,146
9Section
146. 891.40 (3) of the statutes is created to read:
AB816,62,1210
891.40
(3) This section applies with respect to children conceived before, on,
11or after the effective date of this subsection .... [LRB inserts date], as a result of
12artificial insemination.
AB816,147
13Section
147. 891.41 (title) of the statutes is amended to read:
AB816,62,15
14891.41 (title)
Presumption of paternity parentage based on marriage of
15the parties.
AB816,148
16Section
148. 891.41 (1) (intro.) of the statutes is amended to read:
AB816,62,1817
891.41
(1) (intro.) A
man person is presumed to be the natural
father parent 18of a child if any of the following applies:
AB816,149
19Section
149. 891.41 (1) (a) of the statutes is amended to read:
AB816,62,2320
891.41
(1) (a)
He The person and the child's natural mother are or have been
21married to each other and the child is conceived or born after marriage and before
22the granting of a decree of legal separation, annulment
, or divorce between the
23parties.
AB816,150
24Section
150. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
25and amended to read:
AB816,63,4
1891.41
(1) (b) (intro.)
He
The person and the child's natural mother were
2married to each other after the child was born but
he
the person and the child's
3natural mother had a relationship with one another during the period of time within
4which the child was conceived and
no other all of the following apply:
AB816,63,5
51. No man has been adjudicated to be the father
or.
AB816,63,7
62. No other person is presumed to be the
father parent of the child under par.
7(a).
AB816,151
8Section
151. 891.41 (2) of the statutes is amended to read:
AB816,63,159
891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
10rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
11man person other than the
man person presumed to be the
father
parent under sub.
12(1) is not excluded as the father of the child and that the statistical probability of the
13man's person's parentage is
99.0% 99.0 percent or higher, even if the
man person 14presumed to be the
father natural parent under sub. (1) is unavailable to submit to
15genetic tests, as defined in s. 767.001 (1m).
AB816,152
16Section
152. 891.41 (3) of the statutes is created to read:
AB816,63,1817
891.41
(3) This section applies with respect to children born before, on, or after
18the effective date of this subsection .... [LRB inserts date].
AB816,153
19Section
153. 905.05 (title) of the statutes is amended to read:
AB816,63,20
20905.05 (title)
Husband-wife
Spousal and domestic partner privilege.
AB816,154
21Section
154. 938.02 (13) of the statutes is amended to read:
AB816,64,1322
938.02
(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 juvenile is a nonmarital child who is not adopted or whose parents
25do not 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. 938.028
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 juvenile, 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.
AB816,155
14Section
155. 938.396 (2g) (g) of the statutes is amended to read:
AB816,65,215
938.396
(2g) (g)
Paternity of juvenile. Upon request of a court having
16jurisdiction over actions affecting the family, an attorney responsible for support
17enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
18IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
19subject of that proceeding to review or be provided with information from the records
20of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
21to the paternity of a juvenile for the purpose of determining the paternity of the
22juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405
23or
the presumption of parentage under s. 891.41, the court assigned to exercise
24jurisdiction under this chapter and ch. 48 shall open for inspection by the requester
1its records relating to the paternity of the juvenile or disclose to the requester those
2records.
AB816,156
3Section
156. 943.20 (2) (c) of the statutes is amended to read:
AB816,65,64
943.20
(2) (c) "Property of another" includes property in which the actor is a
5co-owner and property of a partnership of which the actor is a member, unless the
6actor and the victim are
husband and wife married to each other.
AB816,157
7Section
157. 943.201 (1) (b) 8. of the statutes is amended to read:
AB816,65,98
943.201
(1) (b) 8. The
maiden name
surname of an individual's
mother parent
9before marriage if the surname was changed as a result of marriage.
AB816,158
10Section
158. 943.205 (2) (b) of the statutes is amended to read:
AB816,65,1311
943.205
(2) (b) "Owner" includes a co-owner of the person charged and a
12partnership of which the person charged is a member, unless the person charged and
13the victim are
husband and wife married to each other.
AB816,159
14Section
159. 990.01 (22m) of the statutes is created to read:
AB816,65,1715
990.01
(22m) Natural parent. "Natural parent" means a parent of a child who
16is not an adoptive parent, whether the parent is biologically related to the child or
17not.
AB816,160
18Section
160. 990.01 (39) of the statutes is created to read:
AB816,65,2019
990.01
(39) Spouses. "Spouses" means 2 individuals of the same or opposite
20sex who are legally married to each other.
AB816,161
21Section
161. 990.01 (40m) of the statutes is created to read:
AB816,65,2322
990.01
(40m) Stepparent. "Stepparent" means a person who is the spouse of
23a child's parent and who is not also a parent of the child.