AB417: Bill Text

AB417,60,7 891.39 (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.

AB417,142 Section 142 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB417,60,15 891.40 (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.

AB417,60,22 (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.

AB417,60,24 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,

AB417,61,2 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.

AB417,61,6 (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.

AB417,143 Section 143 . 891.40 (1) (b) of the statutes is created to read:

AB417,61,9 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

AB417,61,11 1. The artificial insemination takes place under the supervision of a licensed physician.

AB417,61,12 2. The semen used for the insemination is obtained from a sperm bank.

AB417,144 Section 144 . 891.40 (2) of the statutes is amended to read:

AB417,61,17 891.40 (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.

AB417,145 Section 145 . 891.40 (3) of the statutes is created to read:

AB417,61,21 891.40 (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.

AB417,146 Section 146 . 891.41 (title) of the statutes is amended to read:

AB417,61,24 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

AB417,147 Section 147 . 891.41 (1) (intro.) of the statutes is amended to read:

AB417,62,2 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

AB417,148 Section 148 . 891.41 (1) (a) of the statutes is amended to read:

AB417,62,7 891.41 (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.

AB417,149 Section 149 . 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

AB417,62,13 891.41 (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:

AB417,62,14 1. No man has been adjudicated to be the father or.

AB417,62,16 2. No other person is presumed to be the father parent of the child under par. (a).

AB417,150 Section 150 . 891.41 (2) of the statutes is amended to read:

AB417,62,24 891.41 (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 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).

AB417,151 Section 151 . 891.41 (3) of the statutes is created to read:

AB417,63,2 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

AB417,152 Section 152. 905.05 (title) of the statutes is amended to read:

AB417,63,4 905.05 (title) Husband-wife Spousal and domestic partner privilege.

AB417,153 Section 153. 938.02 (13) of the statutes is amended to read:

AB417,63,22 938.02 (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.

AB417,154 Section 154 . 938.396 (2g) (g) of the statutes is amended to read:

AB417,64,10 938.396 (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.

AB417,155 Section 155. 943.20 (2) (c) of the statutes is amended to read:

AB417,64,14 943.20 (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.

AB417,156 Section 156 . 943.201 (1) (b) 8. of the statutes is amended to read:

AB417,64,17 943.201 (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.

AB417,157 Section 157. 943.205 (2) (b) of the statutes is amended to read:

AB417,64,21 943.205 (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.

AB417,158 Section 158 . 990.01 (22m) of the statutes is created to read:

AB417,64,25 990.01 (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.

AB417,159 Section 159. 990.01 (39) of the statutes is created to read:

AB417,65,3 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

AB417,160 Section 160. 990.01 (40m) of the statutes is created to read:

AB417,65,6 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

AB417,161 Section 161 . Nonstatutory provisions.

AB417,65,20 (1) Legislative intent. The legislature intends this act to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of section 990.001 (2) of the statutes, which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of paternity to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage.

AB417,65,21 (End)