AB417,126 17Section 126. 767.87 (9) of the statutes is amended to read:
AB417,55,2118 767.87 (9) Artificial insemination; natural father parent . Where If a child
19is conceived by artificial insemination, the husband spouse of the mother of the child
20at the time of the conception of the child is the natural father parent of the child, as
21provided in s. 891.40.
AB417,127 22Section 127. 767.883 (1) of the statutes is amended to read:
AB417,56,1823 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
24dealing with the determination of paternity and the 2nd part dealing with child
25support, legal custody, periods of physical placement, and related issues. The main

1issue at the first part shall be whether the alleged or presumed father is or is not the
2father of the mother's child, but if the child was born to the mother while she was the
3lawful wife spouse of a specified male person, the prior issue of whether the husband
4mother's spouse was not the father parent of the child shall be determined first, as
5provided under s. 891.39. The first part of the trial shall be by jury only if the
6defendant verbally requests a jury trial either at the initial appearance or pretrial
7hearing or requests a jury trial in writing prior to the pretrial hearing. The court may
8direct and, if requested by either party before the introduction of any testimony in
9the party's behalf, shall direct the jury to find a special verdict as to any of the issues
10specified in this section, except that the court shall make all of the findings
11enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be
12found within the jurisdiction, or fails to commence or pursue the action, the
13proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion
14to continue. The testimony of the mother taken at the pretrial hearing may in any
15such case be read in evidence if it is competent, relevant, and material. The issues
16of child support, custody, and visitation, and related issues shall be determined by
17the court either immediately after the first part of the trial or at a later hearing before
18the court.
AB417,128 19Section 128. 769.316 (9) of the statutes is amended to read:
AB417,56,2220 769.316 (9) The defense of immunity based on the relationship of husband and
21wife
between spouses or parent and child does not apply in a proceeding under this
22chapter.
AB417,129 23Section 129 . 769.401 (2) (a) of the statutes is amended to read:
AB417,56,2424 769.401 (2) (a) A presumed father parent of the child.
AB417,130 25Section 130 . 769.401 (2) (g) of the statutes is amended to read:
AB417,57,1
1769.401 (2) (g) The mother A parent of the child.
AB417,131 2Section 131. 815.20 (1) of the statutes is amended to read:
AB417,57,153 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
4resident owner and occupied by him or her shall be exempt from execution, from the
5lien of every judgment, and from liability for the debts of the owner to the amount
6of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and
7taxes, and except as otherwise provided. The exemption shall not be impaired by
8temporary removal with the intention to reoccupy the premises as a homestead nor
9by the sale of the homestead, but shall extend to the proceeds derived from the sale
10to an amount not exceeding $75,000, while held, with the intention to procure
11another homestead with the proceeds, for 2 years. The exemption extends to land
12owned by husband and wife spouses jointly or in common or as marital property, and
13each spouse may claim a homestead exemption of not more than $75,000. The
14exemption extends to the interest therein of tenants in common, having a homestead
15thereon with the consent of the cotenants, and to any estate less than a fee.
AB417,132 16Section 132. 822.40 (4) of the statutes is amended to read:
AB417,57,2017 822.40 (4) A privilege against disclosure of communications between spouses
18and a defense of immunity based on the relationship of husband and wife between
19spouses
or parent and child may not be invoked in a proceeding under this
20subchapter.
AB417,133 21Section 133. 851.30 (2) (a) of the statutes is amended to read:
AB417,58,222 851.30 (2) (a) An individual who obtains or consents to a final decree or
23judgment of divorce from the decedent or an annulment of their marriage, if the
24decree or judgment is not recognized as valid in this state, unless they subsequently

1participate in a marriage ceremony purporting to marry each other or they
2subsequently hold themselves out as husband and wife married to each other.
AB417,134 3Section 134 . 852.01 (1) (f) 1. of the statutes is amended to read:
AB417,58,74 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if
5both survive, or to the surviving maternal grandparent on that side; if both maternal
6grandparents on that side are deceased, to the issue of the maternal grandparents
7on that side or either of them, per stirpes.
AB417,135 8Section 135 . 852.01 (1) (f) 2. of the statutes is amended to read:
AB417,58,109 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same
10manner as to the maternal relations under subd. 1.
AB417,136 11Section 136 . 852.01 (1) (f) 3. of the statutes is amended to read:
AB417,58,1412 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving
13grandparent or issue of a grandparent, the entire estate to the decedent's relatives
14on the other side.
AB417,137 15Section 137. 854.03 (3) of the statutes is amended to read:
AB417,58,2216 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a
17husband and wife
2 spouses die leaving marital property and it is not established
18that one survived the other by at least 120 hours, 50 percent of the marital property
19shall be distributed as if it were the husband's the first spouse's individual property
20and the husband 2nd spouse had survived, and 50 percent of the marital property
21shall be distributed as if it were the wife's 2nd spouse's individual property and the
22wife first spouse had survived.
AB417,138 23Section 138 . 891.39 (title) of the statutes is amended to read:
AB417,58,25 24891.39 (title) Presumption as to whether a child is marital or
25nonmarital;
self-crimination self-incrimination; birth certificates.
AB417,139
1Section 139. 891.39 (1) (a) of the statutes is amended to read:
AB417,59,152 891.39 (1) (a) Whenever it is established in an action or proceeding that a child
3was born to a woman while she was the lawful wife of legally married to a specified
4man person, any party asserting in such action or proceeding that the husband was
5spouse is not the father parent of the child shall have the burden of proving that
6assertion by a clear and satisfactory preponderance of the evidence. In all such
7actions or proceedings the husband and the wife spouses are competent to testify as
8witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
9litem to appear for and represent the child whose paternity parentage is questioned.
10Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person
11other than the husband mother's spouse is not excluded as the father of the child and
12that the statistical probability of the man's person's parentage is 99.0 percent or
13higher constitute a clear and satisfactory preponderance of the evidence of the
14assertion under this paragraph, even if the husband mother's spouse is unavailable
15to submit to genetic tests, as defined in s. 767.001 (1m).
AB417,140 16Section 140 . 891.39 (1) (b) of the statutes is amended to read:
AB417,59,2417 891.39 (1) (b) In actions affecting the family , in which the question of paternity
18parentage is raised, and in paternity proceedings, the court, upon being satisfied that
19the parties to the action are unable to adequately compensate any such guardian ad
20litem for the guardian ad litem's services and expenses, shall then make an order
21specifying the guardian ad litem's compensation and expenses, which compensation
22and expenses shall be paid as provided in s. 967.06. If the court orders a county to
23pay the compensation of the guardian ad litem, the amount ordered may not exceed
24the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB417,141 25Section 141 . 891.39 (3) of the statutes is amended to read:
AB417,60,7
1891.39 (3) If any court under this section adjudges a child to be a nonmarital
2child, the clerk of court shall report the facts to the state registrar, who shall issue
3a new birth certificate showing the correct facts as found by the court, and shall
4dispose of the original, with the court's report attached under s. 69.15 (3). If the
5husband mother's spouse is a party to the action and the court makes a finding as
6to whether or not the husband mother's spouse is the father parent of the child, such
7finding shall be conclusive in all other courts of this state.
AB417,142 8Section 142 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
9amended to read:
AB417,60,1510 891.40 (1) (a) If, under the supervision of a licensed physician and with the
11consent of her husband spouse, a wife woman is inseminated artificially as provided
12in par. (b)
with semen donated by a man who is not her husband spouse, the husband
13spouse of the mother at the time of the conception of the child shall be the natural
14father parent of a child conceived. The husband's spouse's consent must be in writing
15and signed by him or her and his wife. The by the mother.
AB417,60,22 16(c) 1. If the artificial insemination under par. (a) takes place under the
17supervision of a licensed physician, the
physician shall certify their the signatures
18on the consent and the date of the insemination, and shall file the husband's spouse's
19consent with the department of health services, where it shall be kept. If the
20artificial insemination under par. (a) does not take place under the supervision of a
21licensed physician, the spouses shall file the signed consent, which shall include the
22date of the insemination, with the department of health services.
AB417,60,24 232. The department of health services shall keep a consent filed under subd. 1.
24confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,
AB417,61,2
13. Notwithstanding subd. 1., the physician's or spouses' failure to file the
2consent form does not affect the legal status of father natural parent and child.
AB417,61,6 3(d) All papers and records pertaining to the artificial insemination under par.
4(a)
, whether part of the permanent record of a court or of a file held by the a
5supervising physician or sperm bank or elsewhere, may be inspected only upon an
6order of the court for good cause shown.
AB417,143 7Section 143 . 891.40 (1) (b) of the statutes is created to read:
AB417,61,98 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the
9following:
AB417,61,1110 1. The artificial insemination takes place under the supervision of a licensed
11physician.
AB417,61,1212 2. The semen used for the insemination is obtained from a sperm bank.
AB417,144 13Section 144 . 891.40 (2) of the statutes is amended to read:
AB417,61,1714 891.40 (2) The donor of semen provided to a licensed physician or obtained from
15a sperm bank
for use in the artificial insemination of a woman other than the donor's
16wife spouse is not the natural father parent of a child conceived, bears no liability for
17the support of the child, and has no parental rights with regard to the child.
AB417,145 18Section 145 . 891.40 (3) of the statutes is created to read:
AB417,61,2119 891.40 (3) This section applies with respect to children conceived before, on,
20or after the effective date of this subsection .... [LRB inserts date], as a result of
21artificial insemination.
AB417,146 22Section 146 . 891.41 (title) of the statutes is amended to read:
AB417,61,24 23891.41 (title) Presumption of paternity parentage based on marriage of
24the parties.
AB417,147 25Section 147 . 891.41 (1) (intro.) of the statutes is amended to read:
AB417,62,2
1891.41 (1) (intro.) A man person is presumed to be the natural father parent
2of a child if any of the following applies:
AB417,148 3Section 148 . 891.41 (1) (a) of the statutes is amended to read:
AB417,62,74 891.41 (1) (a) He The person and the child's natural mother are or have been
5married to each other and the child is conceived or born after marriage and before
6the granting of a decree of legal separation, annulment, or divorce between the
7parties.
AB417,149 8Section 149 . 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
9and amended to read:
AB417,62,1310 891.41 (1) (b) (intro.) He The person and the child's natural mother were
11married to each other after the child was born but he the person and the child's
12natural mother had a relationship with one another during the period of time within
13which the child was conceived and no other all of the following apply:
AB417,62,14 141. No man has been adjudicated to be the father or.
AB417,62,16 152. No other person is presumed to be the father parent of the child under par.
16(a).
AB417,150 17Section 150 . 891.41 (2) of the statutes is amended to read:
AB417,62,2418 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
19rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
20man person other than the man person presumed to be the father parent under sub.
21(1) is not excluded as the father of the child and that the statistical probability of the
22man's person's parentage is 99.0 percent or higher, even if the man person presumed
23to be the father natural parent under sub. (1) is unavailable to submit to genetic
24tests, as defined in s. 767.001 (1m).
AB417,151 25Section 151 . 891.41 (3) of the statutes is created to read:
AB417,63,2
1891.41 (3) This section applies with respect to children born before, on, or after
2the effective date of this subsection .... [LRB inserts date].
AB417,152 3Section 152. 905.05 (title) of the statutes is amended to read:
AB417,63,4 4905.05 (title) Husband-wife Spousal and domestic partner privilege.
AB417,153 5Section 153. 938.02 (13) of the statutes is amended to read:
AB417,63,226 938.02 (13) “Parent" means a biological natural parent, a husband who has
7consented to the artificial insemination of his wife under s. 891.40,
or a parent by
8adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
9do not subsequently intermarry under s. 767.803, “parent" includes a person
10acknowledged under s. 767.805 or a substantially similar law of another state or
11adjudicated to be the biological father. “Parent" does not include any person whose
12parental rights have been terminated. For purposes of the application of s. 938.028
13and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
14biological natural parent of an Indian child, an Indian husband spouse who has
15consented to the artificial insemination of his wife or her spouse under s. 891.40, or
16an Indian person who has lawfully adopted an Indian juvenile, including an adoption
17under tribal law or custom, and includes, in the case of a nonmarital Indian child who
18is not adopted or whose parents do not subsequently intermarry under s. 767.803,
19a person acknowledged under s. 767.805, a substantially similar law of another state,
20or tribal law or custom to be the biological father or a person adjudicated to be the
21biological father, but does not include any person whose parental rights have been
22terminated.
AB417,154 23Section 154 . 938.396 (2g) (g) of the statutes is amended to read:
AB417,64,1024 938.396 (2g) (g) Paternity of juvenile. Upon request of a court having
25jurisdiction over actions affecting the family, an attorney responsible for support

1enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
2IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
3subject of that proceeding to review or be provided with information from the records
4of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
5to the paternity of a juvenile for the purpose of determining the paternity of the
6juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405
7or the presumption of parentage under s. 891.41, the court assigned to exercise
8jurisdiction under this chapter and ch. 48 shall open for inspection by the requester
9its records relating to the paternity of the juvenile or disclose to the requester those
10records.
AB417,155 11Section 155. 943.20 (2) (c) of the statutes is amended to read:
AB417,64,1412 943.20 (2) (c) “Property of another" includes property in which the actor is a
13co-owner and property of a partnership of which the actor is a member, unless the
14actor and the victim are husband and wife married to each other.
AB417,156 15Section 156 . 943.201 (1) (b) 8. of the statutes is amended to read:
AB417,64,1716 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
17before marriage if the surname was changed as a result of marriage
.
AB417,157 18Section 157. 943.205 (2) (b) of the statutes is amended to read:
AB417,64,2119 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
20partnership of which the person charged is a member, unless the person charged and
21the victim are husband and wife married to each other.
AB417,158 22Section 158 . 990.01 (22m) of the statutes is created to read:
AB417,64,2523 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who
24is not an adoptive parent, whether the parent is biologically related to the child or
25not.
AB417,159
1Section 159. 990.01 (39) of the statutes is created to read:
AB417,65,32 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different
3sexes who are legally married to each other.
AB417,160 4Section 160. 990.01 (40m) of the statutes is created to read:
AB417,65,65 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of
6a child's parent and who is not also a parent of the child.
AB417,161 7Section 161 . Nonstatutory provisions.
AB417,65,208 (1) Legislative intent. The legislature intends this act to harmonize the
9language of the Wisconsin statutes relating to marriage and the determination of
10parentage with the provision of section 990.001 (2) of the statutes, which specifies
11that words importing one gender extend and may be applied to any gender. The
12legislature intends that by amending the statutes relating to marriage and the
13determination of parentage with respect to married couples to use gender neutral
14language where appropriate so as to clarify that the same statutory rights and
15responsibilities apply between married persons of the same sex as between married
16persons of different sexes and to extend some of the presumptions of paternity to
17either parent, the Wisconsin statutes will be better aligned with the holding of the
18U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015),
19which recognizes that same-sex couples have a fundamental constitutional right to
20marriage.
AB417,65,2121 (End)
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