AB1000,101,77 CHAPTER 767
AB1000,101,98 SUBCHAPTER IX
9 parentage
AB1000,237 10Section 237. 767.80 (1) (b) of the statutes is repealed and recreated to read:
AB1000,101,1111 767.80 (1) (b) The person who gave birth to the child.
AB1000,238 12Section 238. 767.80 (1) (c) of the statutes is amended to read:
AB1000,101,1413 767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male person
14presumed to be the child's father parent under s. 891.405, 891.407, or 891.41 (1).
AB1000,239 15Section 239. 767.80 (1) (d) of the statutes is amended to read:
AB1000,101,1716 767.80 (1) (d) A male person alleged or alleging himself to be the father parent
17of the child.
AB1000,240 18Section 240. 767.80 (1) (k) of the statutes is amended to read:
AB1000,101,2319 767.80 (1) (k) In conjunction with the filing of a petition for visitation with
20respect to the child under s. 767.43 (3), a parent of a person who has filed a
21declaration of paternal parental interest under s. 48.025 with respect to the child or
22a parent of a person who, before April 1, 1998, signed and filed a statement
23acknowledging paternity parentage under s. 69.15 (3) (b) 3. with respect to the child.
AB1000,241 24Section 241. 767.80 (1m) of the statutes is amended to read:
AB1000,102,4
1767.80 (1m) Venue. An action under this section may be brought in the county
2in which the child or the alleged father parent resides or is found or, if the father
3alleged parent is deceased, in which proceedings for probate of his the alleged
4parent's
estate have been or could be commenced.
AB1000,242 5Section 242. 767.80 (2) of the statutes is amended to read:
AB1000,102,146 767.80 (2) Certain agreements not a bar to action. Regardless of its terms,
7an agreement made after July 1, 1981, other than an agreement approved by the
8court between an alleged or presumed father parent and the mother or person who
9gave birth to the
child, does not bar an action under this section. Whenever the court
10approves an agreement in which one of the parties agrees not to commence an action
11under this section, the court shall first determine whether or not the agreement is
12in the best interest of the child. The court shall not approve any provision waiving
13the right to bring an action under this section if this provision is contrary to the best
14interests of the child.
AB1000,243 15Section 243. 767.80 (5) (a) and (b) of the statutes are amended to read:
AB1000,102,1916 767.80 (5) (a) In this subsection, “any alleged father” parent" includes any male
17person who has engaged in sexual intercourse with the child's mother during a
18possible time of
person who gave birth to the child that may have resulted in the
19conception of the child.
AB1000,103,720 (b) An A parentage action under this section may be joined with any other
21action for child support and is governed by the procedures specified in s. 767.205
22relating to child support, except that the title of the action shall be “In re the
23paternity parentage of A.B." The petition shall state the name and date of birth of
24the child if born or that the mother person is pregnant if the child is unborn, the name
25of any alleged father parent or presumed parent, whether or not an action by any of

1the parties to determine the paternity parentage of the child or rebut the
2presumption of paternity parentage to the child has at any time been commenced,
3or is pending before any court, in this state or elsewhere. If a paternity parentage
4judgment has been rendered, or if a paternity parentage action has been dismissed,
5the petition shall state the court that rendered the judgment or dismissed the action,
6and the date and the place the judgment was granted if known. The petition shall
7also give notice of a party's right to request a genetic test under s. 49.225 or 767.84.
AB1000,244 8Section 244. 767.80 (5m) of the statutes is amended to read:
AB1000,104,39 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
10767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
11male person is presumed the child's father parent under s. 891.41 (1), is adjudicated
12the child's father parent either under s. 767.89 or by final order or judgment of a court
13of competent jurisdiction in another state, is conclusively determined to be the child's
14father parent from genetic test results under s. 767.804, or has voluntarily
15acknowledged himself to be the child's father parentage under s. 767.805 (1) or a
16substantially similar law of another state, no order or temporary order may be
17entered for child support, legal custody, or physical placement until the male person
18is adjudicated the father parent using the procedure set forth in this subchapter,
19except s. 767.804 or 767.805. Except as provided in ss. 767.804, 767.805, 767.85, and
20769.401, the exclusive procedure for establishment of child support obligations, legal
21custody, or physical placement rights for a male person who is not presumed the
22child's father parent under s. 891.41 (1), adjudicated the father parent, conclusively
23determined to be the child's father parent from genetic test results under s. 767.804,
24or acknowledged under s. 767.805 (1) or a substantially similar law of another state
25to be the father parent is by an action under this subchapter, except s. 767.804 or

1767.805, or under s. 769.402. No person may waive the use of this procedure. If a
2presumption under s. 891.41 (1) exists, a party denying paternity parentage has the
3burden of rebutting the presumption.
AB1000,245 4Section 245. 767.80 (6m) of the statutes is amended to read:
AB1000,104,125 767.80 (6m) When action must be commenced. The attorney designated under
6sub. (6) (a) shall commence an action under this section on behalf of the state within
76 months after receiving notification under s. 69.03 (15) that no father only one
8parent
is named on the birth record of a child who is a resident of the county if
9paternity parentage has not been conclusively determined from genetic test results
10under s. 767.804, acknowledged under s. 767.805 (1) or a substantially similar law
11of another state, or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and
12as provided by the department by rule.
AB1000,246 13Section 246. 767.80 (6r) (a) 1., 2. c. and 3. of the statutes are amended to read:
AB1000,104,1814 767.80 (6r) (a) 1. Give priority to matters referred under s. 48.299 (6) (a) or
15938.299 (6) (a), including priority in determining whether an action should be
16brought under this section and, if the determination is that such an action should be
17brought, priority in bringing the action and in establishing the existence or
18nonexistence of paternity parentage.
AB1000,104,2019 2. c. That the male person designated in s. 48.299 (6) (a) or 938.299 (6) (a) has
20previously been excluded as the father parent of the child.
AB1000,104,2321 3. If an action is brought under this section, notify the court that referred the
22matter as soon as possible of a judgment or order determining the existence or
23nonexistence of paternity parentage.
AB1000,247 24Section 247. 767.803 of the statutes is amended to read:
AB1000,105,10
1767.803 Determination of marital children. If the father and mother
2natural parents of a nonmarital child enter into a lawful marriage or a marriage
3which appears and they believe is lawful, except where the parental rights of the
4mother parent who gave birth were terminated before either of these circumstances,
5the child becomes a marital child, is entitled to a change in birth record under s. 69.15
6(3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she
7had been born during the marriage of the parents. This section applies to all cases
8before, on, or after its effective date, but no estate already vested shall be divested
9by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages
10declared void under the law are nevertheless marital children.
AB1000,248 11Section 248. 767.804 (1) (title) of the statutes is amended to read:
AB1000,105,1212 767.804 (1) (title) Conclusive determination of paternity parentage.
AB1000,249 13Section 249. 767.804 (1) (a) (intro.), 1., 3. and 4. of the statutes are amended
14to read:
AB1000,105,2015 767.804 (1) (a) (intro.) If genetic tests have been performed with respect to a
16child, the child's mother person who gave birth to the child, and a male person
17alleged, or alleging himself, to be the child's father other parent, the test results
18constitute a conclusive determination of paternity parentage, effective on the date
19on which the report under par. (c) is submitted to the state registrar, which has the
20same effect as a judgment of paternity parentage, if all of the following apply:
AB1000,105,2221 1. Both the child's mother person who gave birth to the child and the male
22alleged parent are over the age of 18 years.
AB1000,105,2523 3. The test results show that the male alleged parent is not excluded as the
24father parent and that the statistical probability of the male's alleged parent's
25parentage is 99.0 percent or higher.
AB1000,106,2
14. No other male person is presumed to be the father natural parent under s.
2891.405 or 891.41 (1).
AB1000,250 3Section 250. 767.804 (1) (b) (intro.), 2., 3. and 4. of the statutes are amended
4to read:
AB1000,106,125 767.804 (1) (b) (intro.) When the county child support agency under s. 59.53 (5)
6receives genetic test results described in par. (a) 3. and the requirements under par.
7(a) are satisfied, the county child support agency shall send notice to the mother
8person who gave birth to the child and male the alleged parent by regular mail at
9their last-known addresses. The notice must be sent at least 15 days in advance of
10the date on which the county child support agency intends to file the report under
11par. (c) and shall advise the mother person who gave birth to the child and male the
12alleged parent
of all of the following:
AB1000,106,1513 2. That the report under par. (c) will be filed with the state registrar if neither
14the mother person who gave birth to the child nor the male alleged parent timely
15objects under subd. 4., and the date on which the report will be filed.
AB1000,106,1816 3. That an action affecting the family concerning custody, child support, or
17physical placement rights may be brought with respect to the mother person who
18gave birth to the child
and male the alleged parent.
AB1000,106,2419 4. That the mother person who gave birth to the child or the male alleged
20parent
, or both, may object to the test results by submitting an objection in writing
21to the county child support agency no later than the day before the date specified in
22subd. 2., and that, if either the mother person who gave birth to the child or the male
23alleged parent timely submits an objection, the state will commence a paternity
24parentage action.
AB1000,251 25Section 251. 767.804 (1) (c) 1. and 2. of the statutes are amended to read:
AB1000,107,8
1767.804 (1) (c) 1. If neither the mother person who gave birth to the child nor
2the male alleged parent timely submits an objection under par. (b) 4., the county child
3support agency shall file with the state registrar a report showing the names, dates,
4and birth places of the child and the father alleged parent, the social security
5numbers of the mother, father, person who gave birth to the child, the alleged parent,
6and the child, and the maiden full birth name of the mother person who gave birth
7on a form prescribed by the state registrar, along with the fee set forth in s. 69.22 (5),
8if any, which the county child support agency shall collect.
AB1000,107,129 2. The department shall pay, and may not require the county or county child
10support agency to reimburse the department, for the cost of a fee for inserting the
11father's a parent's name on a birth certificate under s. 69.15 (3) (a) 3. if the county
12child support agency is unable to collect the fee.
AB1000,252 13Section 252. 767.804 (1) (d) of the statutes is amended to read:
AB1000,107,1814 767.804 (1) (d) If either the mother person who gave birth or the male alleged
15parent
timely submits an objection under par. (b) 4., the county child support agency
16shall commence an action under s. 767.80 (1) on behalf of the state. The genetic test
17results described in par. (a) are admissible in an action commenced under this
18paragraph.
AB1000,253 19Section 253. 767.804 (2) of the statutes is amended to read:
AB1000,108,220 767.804 (2) Actions. Unless sub. (1) (d) applies, an action affecting the family
21concerning custody, child support, or physical placement rights may be brought
22under this subsection with respect to a child's mother and a male any person who,
23along with the child, were was the subjects subject of a genetic tests test, the results
24of which constitute a conclusive determination of paternity parentage under sub. (1).

1Except as provided in s. 767.407, in an action under this subsection the court may
2appoint a guardian ad litem for the child.
AB1000,254 3Section 254. 767.804 (3) (d) 1. and 2. of the statutes are amended to read:
AB1000,108,114 767.804 (3) (d) 1. An order establishing the amount of the father's adjudicated
5parent's
obligation to pay or contribute to the reasonable expenses of the mother's
6pregnancy and the child's birth childbirth. The amount established may not exceed
7one-half of the total actual and reasonable pregnancy and birth expenses. The order
8also shall specify the court's findings as to whether the father's adjudicated parent's
9income is at or below the poverty line established under 42 USC 9902 (2), and shall
10specify whether periodic payments are due on the obligation, based on the father's
11adjudicated parent's ability to pay or contribute to those expenses.
AB1000,108,1512 2. If the order does not require periodic payments because the father
13adjudicated parent has no present ability to pay or contribute to the expenses, the
14court may modify the judgment or order at a later date to require periodic payments
15if the father adjudicated parent has the ability to pay at that time.
AB1000,255 16Section 255. 767.804 (4) (a) 1. (intro.) of the statutes is amended to read:
AB1000,108,1817 767.804 (4) (a) 1. (intro.) That he or she the party was induced to delay
18commencing the action by any of the following:
AB1000,256 19Section 256. 767.804 (4) (a) 2. of the statutes is amended to read:
AB1000,108,2120 767.804 (4) (a) 2. That, after the inducement ceased to operate, he or she the
21party
did not unreasonably delay in commencing the action.
AB1000,257 22Section 257. 767.805 (2) (b) of the statutes is amended to read:
AB1000,109,223 767.805 (2) (b) If a statement acknowledging paternity parentage is timely
24rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub.
25(4) with respect to the male person who signed the statement as the father parent

1of the child unless the male person is adjudicated the child's father parent using the
2procedures set forth in this subchapter, except for this section.
AB1000,258 3Section 258. 767.805 (4) (d) of the statutes is amended to read:
AB1000,109,114 767.805 (4) (d) 1. An order establishing the amount of the father's the
5adjudicated parent's
obligation to pay or contribute to the reasonable expenses of the
6mother's pregnancy and the child's birth childbirth. The amount established may
7not exceed one-half of the total actual and reasonable pregnancy and birth expenses.
8The order also shall specify the court's findings as to whether the father's adjudicated
9parent's
income is at or below the poverty line established under 42 USC 9902 (2),
10and shall specify whether periodic payments are due on the obligation, based on the
11father's adjudicated parent's ability to pay or contribute to those expenses.
AB1000,109,1512 2. If the order does not require periodic payments because the father
13adjudicated parent has no present ability to pay or contribute to the expenses, the
14court may modify the judgment or order at a later date to require periodic payments
15if the father adjudicated parent has the ability to pay at that time.
AB1000,259 16Section 259. 767.805 (5) (b) of the statutes is amended to read:
AB1000,109,2317 767.805 (5) (b) If a court in a proceeding under par. (a) determines that the male
18person is not the father parent of the child, the court shall vacate any order entered
19under sub. (4) with respect to the male person. The court or the county child support
20agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in
21s. 69.15 (1) (b), to remove the male's person's name as the father parent of the child
22from the child's birth record. No paternity parentage action may thereafter be
23brought against the male person with respect to the child.
AB1000,260 24Section 260. 767.813 (5) (a), (b) and (c) of the statutes are amended to read:
AB1000,109,2525 767.813 (5) (a) Mother Parent as petitioner.
AB1000,110,1
1STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY
AB1000,110,33 In re the Paternity Parentage of A. B.
AB1000,110,44 STATE OF WISCONSIN
AB1000,110,66 C. D. (Mother Parent-Petitioner)
AB1000,110,77 Address
AB1000,110,88 City, State Zip Code File No. ...
AB1000,110,99 , Petitioners
AB1000,110,1010 vs. S U M M O N S
AB1000,110,1111 E. F.
AB1000,110,1212 Address   .... (Case Classification Type):.... (Code No.)
AB1000,110,1313 City, State Zip Code
AB1000,110,1414 , Respondent
AB1000,110,1616 THE STATE OF WISCONSIN, To the Respondent:
AB1000,110,1917 1. You have been sued. .... claims that you are the father parent of the child,
18.... born on .... (date), in .... (city) (county) (state). You must appear to answer this
19claim of paternity parentage. Your court appearance is:
AB1000,110,2020 Date:    
AB1000,110,2121 Time:    
AB1000,110,2222 Room:    
AB1000,110,2323 Judge or Circuit Court Commissioner:    
AB1000,110,2424 Address:    
AB1000,111,2
12. If you do not appear, the court will enter a default judgment finding you to
2be the father parent.
AB1000,111,73 3. If you plan to be represented by an attorney, you should contact the attorney
4prior to the court appearance listed above. If you are unable to afford an attorney,
5the court will appoint one for you only upon the genetic tests showing that you are
6not excluded as the father parent and the probability of your being the father parent
7is less than 99.0 percent.
AB1000,111,108 4. You are also notified that interference with the custody of a child is
9punishable by a fine of up to $10,000 and imprisonment for up to 3 years and 6
10months. Section 948.31, stats.
AB1000,111,1311 5. The .... County Clerk of Circuit Court is an equal opportunity service
12provider. If you need assistance to access services in the courts or need material in
13an alternate format, please call .....
AB1000,111,1414 Dated: ...., .... (year)
Loading...
Loading...