69.14(2)(b)
(b)
Registration more than 365 days after birth. 69.14(2)(b)1.
1. If more than 365 days have elapsed since the birth of a person born in this state and a record of the birth has not been filed in this state, such person or the parent or guardian of the person, if the person is living, may request that the state registrar register a birth record for the person under this paragraph.
69.14(2)(b)2.
2. Any person requesting a birth record under this paragraph shall establish the following facts by evidence documented under subd.
3.:
69.14(2)(b)2.a.
a. The full name of the registrant given after the time of birth.
69.14(2)(b)2.d.
d. The full name of the father, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under s.
69.15 (3).
69.14(2)(b)3.a.a. As evidence of the name, date and place of birth of a registrant for whom a birth record is requested under this paragraph, the person requesting the birth record shall present at least 2 pieces of documentary evidence for each item if the record is filed prior to 7 years after the date of birth or at least 3 pieces of documentary evidence for each item if the record is filed 7 years or more after the date of birth. Only one piece of documentary evidence per item may be an affidavit of personal knowledge.
69.14(2)(b)3.b.
b. As evidence of the parents of a registrant for whom a birth record is requested under this paragraph, the person requesting the birth record shall present at least one document which is not an affidavit of personal knowledge.
69.14(2)(b)3.c.
c. No document presented under this subdivision may be from a source which is the same as the source for any other such document. Every such document shall be in the form of the original document, shall be a duly certified copy of the original or shall be a signed statement from the custodian of the document.
69.14(2)(b)3.d.
d. Any document presented under this subdivision which is not an affidavit of personal knowledge shall have been established at least 10 years prior to the date the birth record is requested under this paragraph or shall have been established before the registrant's 10th birthday.
69.14(2)(b)3.e.
e. Any affidavit of personal knowledge presented under this paragraph shall be prepared by a parent, other relative or person and shall be signed before an official authorized to administer oaths. Any person signing an affidavit under this subparagraph shall be at least 10 years older than the registrant and shall have personal knowledge of the facts of the registrant's birth.
69.14(2)(b)4.
4. If the registrant of a record filed under this paragraph is 18 years of age or over and is competent to sign and swear to the accuracy of its facts, the registrant shall sign the record and swear to the accuracy of its facts before an official authorized to administer oaths. If the registrant is under 18 years of age or is not competent to sign and swear to the accuracy of the facts of such record, a person shall sign the record and swear to the accuracy of its facts as follows:
69.14(2)(b)4.d.
d. In the absence of any person under subds.
4. a. to
c., any older person having personal knowledge of the facts of birth of the registrant.
69.14(2)(b)5.
5. The state registrar may deny a request for a birth record under this paragraph. If the state registrar approves a request for a birth record under this paragraph, he or she shall indicate plainly on the face of the record that the record has been registered under this paragraph and the date the record is registered and shall make available the record to the local registrar under s.
69.03 (11).
69.14(2)(b)6.
6. If the state registrar denies a request for registration of a birth record under this subsection, the person making the request may file a petition with the circuit court of the alleged county of birth for an order establishing a record of the date and place of the birth and the parentage of the person who would be the registrant. If the court finds that such person was born in this state, the court shall make findings as to the place and date of birth, parentage, and any other required finding and shall, in the manner prescribed by the state registrar, issue an order to register a birth record for the person which shall include the birth date to be registered, a description of the evidence presented, and the date of the court's action.
69.14(2)(b)7.
7. On any birth record registered under this paragraph, the state registrar or his or her designated representative shall describe each document submitted under subd.
3. The abstract for each document shall include:
69.14(2)(b)7.b.
b. The name and address of the affiant if the document is an affidavit of personal knowledge or the name and address of the custodian if the document is an original or certified copy of a record or a signed statement from a custodian.
69.14(2)(b)7.c.
c. If the document was previously filed, the date of the filing.
69.14(2)(b)8.
8. On any birth record registered under this paragraph, the state registrar or his or her designated representative shall certify by his or her signature that:
69.14(2)(b)8.b.
b. The state registrar or his or her designated representative has reviewed the evidence submitted under subd.
3. 69.14(2)(b)8.c.
c. The abstract under subd.
7. accurately reflects the nature and content of the evidence submitted under subd.
3. 69.14(2)(c)
(c) This subsection does not apply to a child who was adopted under the circumstances described in s.
48.97 (2).
69.14(3)
(3) Registration of foundlings. 69.14(3)(a)
(a) Any person who assumes custody of a live born infant of unknown parentage shall file a birth record for the infant within 5 days after assuming custody and shall file the birth record with the following information:
69.14(3)(a)3.
3. The address of the place where the registrant was found.
69.14(3)(a)5.
5. The name given to the registrant by the filing party.
69.14(3)(a)6.
6. The name, address and signature of the person with whom the registrant has been placed for care. The information under this subdivision shall be entered in the item on the birth record where information on the attendant at birth is required.
69.14(3)(c)
(c) If at any time after a birth record is filed for a registrant under this subsection a birth record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.
69.14 Annotation
Sub. (1) (f) 1. b. is not a gender-specific statute violating the right to equal protection. Marriage of Steinbach v. Gustafson,
177 Wis. 2d 178,
502 N.W.2d 156 (Ct. App. 1993).
69.14 Annotation
Enforcement of surrogacy agreements promotes stability and permanence in family relationships because it allows the intended parents to plan for the arrival of their child, reinforces the expectations of all parties to the agreement, and reduces contentious litigation. The surrogacy agreement in this case was enforceable except for the portions of the agreement requiring a voluntary termination of parental rights (TPR). The TPR provisions did not comply with the procedural safeguards set forth in s. 48.41 for a voluntary TPR because the biological mother would not consent to the TPR and there was no legal basis for involuntary termination. The TPR provisions were severable. Rosecky v. Schissel,
2013 WI 66,
349 Wis. 2d 84,
833 N.W.2d 634,
11-2166.
69.14 Annotation
Arkansas state law generally required the name of the mother's male spouse to appear on the child's birth certificate, regardless of his biological relationship to the child, but did not require that birth certificates include the female spouses of women who gave birth in the state. That differential treatment infringed the commitment of
Obergefell, 576 U.S. ___,
135 S. Ct. 2584, to provide same-sex couples the constellation of benefits that the states have linked to marriage. Under
Obergefell, a state may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Pavan v. Smith, 582 U.S. ___,
137 S. Ct. 2075,
198 L. Ed. 2d 636 (2017). See also Torres v. Seemeyer,
207 F. Supp. 3d 905 (2016).
69.14 Annotation
Wisconsin's Undeveloped Surrogacy Law. Walsh. Wis. Law. March 2012.
69.145
69.145
Certificate of birth resulting in stillbirth. 69.145(1)(1)
Information about preparation. If a birth that occurs in this state on or after August 1, 2004, results in a stillbirth for which a fetal death report is required under s.
69.18 (1) (e) 1., the party responsible for filing the fetal death report under s.
69.18 (1) (e) 1. shall advise the parent or parents of the stillbirth of all of the following:
69.145(1)(a)
(a) That they may request preparation of a certificate of birth resulting in stillbirth.
69.145(1)(b)
(b) That preparation of the certificate is optional.
69.145(1)(c)
(c) How to obtain a certified copy of the certificate if one is requested and prepared.
69.145(2)(a)
(a) If the parent or parents of the stillbirth, after being advised as provided in sub.
(1), wish to have a certificate of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s.
69.18 (1) (e) 1. shall, within 5 days after delivery of the stillbirth, prepare and file the certificate with the state registrar.
69.145(2)(b)
(b) If the parent or parents of the stillbirth do not wish to provide a name for the stillbirth, the person who prepares the certificate of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth.
69.145(2)(c)
(c) Either parent of the stillbirth or, if neither parent is available, another person with knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within 5 days after delivery.
69.145(3)
(3) Special preparation under certain circumstances. Notwithstanding subs.
(1) and
(2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s.
69.18 (1) (e) 1. but a certificate of birth resulting in stillbirth was not prepared under sub.
(2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.
69.145(4)
(4) General responsibilities of state registrar. The state registrar shall do all of the following:
69.145(4)(a)
(a) Prescribe the form of, and information to be included on, a certificate of birth resulting in stillbirth, which shall be as similar as possible to the form of and information included on a certificate of birth.
69.145(4)(b)
(b) Issue a certified copy of a certificate of birth resulting in stillbirth to a parent of the stillbirth that is the subject of the certificate if all of the following conditions are satisfied:
69.145(4)(b)1.
1. A certificate of birth resulting in stillbirth has been prepared and filed under sub.
(2) or
(3).
69.145(4)(b)2.
2. The parent requesting a certified copy of the certificate submits the request in writing.
69.145 History
History: 2003 a. 300.
69.15
69.15
Changes of fact on birth records. 69.15(1)(1)
Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:
69.15(1)(a)
(a) The order provides for an adoption, name change or name change with sex change or establishes paternity; and
69.15(1)(b)
(b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s.
59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s.
69.22.
69.15(2)(a)
(a) Except as provided under par.
(b), if the state registrar receives an order under sub.
(1) which provides for an adoption, the state registrar shall prepare, under sub.
(6), a new record for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s.
48.94 (1), that no new record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth record registered for the subject of the adoption. The new record shall show:
69.15(2)(a)2.
2. The date and place of birth as transcribed from the original record. The date and place on the original record may not be changed by the court.
69.15(2)(a)3.
3. The names and personal information of the adoptive parents unless otherwise indicated by the court order.
69.15(2)(a)6.
6. Any other information necessary to complete the new record.
69.15(2)(b)
(b) If the state registrar receives an order under sub.
(1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under
8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s.
48.97 (3), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.
69.15(2)(c)
(c) If the state registrar determines that the registrant of a birth record was adopted without a change in the registrant's birth record under par.
(a) or
(b), the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub.
(6), a new record for the registrant.
69.15(2)(d)1.1. A court shall order the state registrar to prepare for the subject of a birth record a new birth record based on the information on the subject's original birth record if all of the following circumstances apply:
69.15(2)(d)1.a.
a. The subject of the birth record petitions the court for a new birth record.
69.15(2)(d)1.b.
b. The subject is an adult who was the subject of an adoption.
69.15(2)(d)1.c.
c. The subject did not have the opportunity under par.
(a), at the time of the adoption, to request that no new birth record be prepared.
69.15(2)(d)1.d.
d. The subject knows the identity of each birth parent who is named on his or her original birth record.
69.15(2)(d)1.e.
e. Each birth parent who is alive and who is named on the subject's original birth record does not object to the restoration of the information on the subject's original birth record.
69.15(2)(d)2.
2. If the court grants an order under subd.
1., the state registrar shall prepare under sub.
(6) a new birth record using all of the information contained on the original birth record, except for the adoptee's given name at birth, if different.
69.15(2)(d)3.
3. After preparing a new birth record under subd.
2., the state registrar shall follow the procedure under sub.
(6) (b) to impound all other birth records of the subject except the subject's new birth record.
69.15(2)(e)
(e) If the state registrar receives an order under s.
48.97 (2) (d) registering the foreign adoption of a child who was adopted under the circumstances described in s.
48.97 (2), the state registrar shall prepare a certification of birth data for the child using the form in use at the time the court submits the information under s.
48.97 (2) (d). The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under
8 USC 1431 upon a court order registering a foreign adoption order under s.
48.97 (2) (d), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar.
69.15(3)(a)
(a) If the state registrar receives an order under sub.
(1) which establishes paternity or determines that the man whose name appears on a registrant's birth record is not the father of the registrant, the state registrar shall do the following, as appropriate:
69.15(3)(a)1.
1. Prepare under sub.
(6) a new record omitting the father's name if the order determines that the man whose name appears on a registrant's birth record is not the father of the registrant and if there is no adjudicated father.
69.15(3)(a)2.
2. Prepare under sub.
(6) a new record for the subject of a paternity action changing the name of the father if the name of the adjudicated father is different than the name of the man on the birth record.
