SB907,120,194
767.84
(4) Tests excluding paternity parentage; refusal to submit to test. 5Genetic test results excluding an alleged
father
parent as the
father parent of the
6child are conclusive evidence
of nonpaternity
that the alleged parent is not the
7parent of the child and the court shall dismiss any
paternity parentage action with
8respect to that alleged
father parent. Genetic test results excluding any
male 9witness from possible
paternity parentage are conclusive evidence
of nonpaternity
10of the male that the witness
is not the parent of the child. Testimony relating to
11sexual intercourse or possible sexual intercourse
of the mother with between the
12person who gave birth to the child and any person excluded as a possible
father 13parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party
14to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to
15a genetic test ordered by the court is a contempt of the court for failure to produce
16evidence under s. 767.87 (5). If the action was brought by the
child's mother person
17who gave birth to the child but
she that person refuses
to submit to a genetic test,
18or refuses to submit
herself or the child to
a genetic
tests test, the action shall be
19dismissed.
SB907,271
20Section 271
. 767.84 (6) of the statutes is amended to read:
SB907,121,521
767.84
(6) Calling certain witnesses; notice. Any party calling a
male witness
22for the purpose of testifying that
he the witness had sexual intercourse with the
23mother at any possible time of person who gave birth to the child that may have
24resulted in conception
of the child shall provide all other parties with the name and
25address of the witness 20 days before the trial or pretrial hearing. If a
male witness
1is produced at the hearing for the purpose stated in this subsection but the party
2calling the witness failed to provide the 20-day notice, the court may adjourn the
3proceeding for the purpose of taking a genetic test of the witness prior to hearing the
4testimony of the witness if the court finds that the party calling the witness acted in
5good faith.
SB907,272
6Section 272
. 767.85 (1) of the statutes is amended to read:
SB907,121,137
767.85
(1) When required. At any time during the pendency of an action to
8establish the
paternity parentage of a child, if genetic tests show that the alleged
9father person is not excluded and that the statistical probability of the alleged
10father's person's parentage is 99.0 percent or higher, on the motion of a party, the
11court shall make an appropriate temporary order for the payment of child support
12and may make a temporary order assigning responsibility for and directing the
13manner of payment of the child's health care expenses.
SB907,273
14Section 273
. 767.855 of the statutes is amended to read:
SB907,122,2
15767.855 Dismissal if adjudication not in child's best interest. Except as
16provided in s. 767.863 (1m), at any time in an action to establish the
paternity 17parentage of a child, upon the motion of a party or guardian ad litem
or the person
18who gave birth to the child if that person is not a party, the court or supplemental
19court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court
20commissioner determines that a judicial determination of
whether a male is the
21father of the child parentage is not in the best interest of the child, dismiss the action
22with respect to the
male alleged parent, regardless of whether genetic tests have
23been performed or what the results of the tests, if performed, were. Notwithstanding
24ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4),
25if genetic tests have not yet been performed with respect to the
male alleged parent,
1the court or supplemental court commissioner is not required to order those genetic
2tests.
SB907,274
3Section 274
. 767.863 (1m) of the statutes is amended to read:
SB907,122,154
767.863
(1m) Paternity Parentage allegation by male person other than
5husband spouse; when determination not in best interest of child. In an action to
6establish the
paternity parentage of a child who was born to a
woman while she was
7married couple during marriage, if a
male person other than the
woman's husband 8alleges that he, not the husband, is spouse of the person who gave birth claims to be 9the child's
father parent, a party may allege that a judicial determination that a
male 10person other than the
husband is the father spouse of the person who gave birth is
11the parent is not in the best interest of the child. If the court or a supplemental court
12commissioner under s. 757.675 (2) (g) determines that a judicial determination of
13whether a
male person other than the
husband is the father spouse of the person who
14gave birth is the parent is not in the best interest of the child, no genetic tests may
15be ordered and the action shall be dismissed.
SB907,275
16Section 275
. 767.863 (2) of the statutes is amended to read:
SB907,123,217
767.863
(2) Order for tests. If at the first appearance it appears from a
18sufficient petition or affidavit of the
child's mother person who gave birth to the child 19or an alleged
father parent of the child or from sworn testimony of the
child's mother 20person who gave birth to the child or an alleged
father parent of the child that there
21is probable cause to believe that any of the
males
persons named has had sexual
22intercourse with the
mother person who gave birth to the child during a possible time
23of the child's conception, the court may, or upon the request of any party shall, order
24any of the named persons to submit to genetic tests. The tests shall be conducted in
25accordance with s. 767.84. The court is not required to order a person who has
1undergone a genetic test under s. 49.225 to submit to another genetic test under this
2subsection unless a party requests additional tests under s. 767.84 (2).
SB907,276
3Section 276
. 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
SB907,123,74
767.87
(1) (a) Evidence of sexual intercourse between the
mother parent who
5gave birth and alleged
father parent at any possible time of conception or evidence
6of a relationship between the
mother parent who gave birth and alleged
father 7parent at any time.
SB907,123,108
(b) An expert's opinion concerning the statistical probability of the alleged
9father's paternity parent's parentage based upon the duration of the
mother's 10pregnancy.
SB907,123,1211
(d) The statistical probability of the alleged
father's paternity parent's
12parentage based upon the genetic tests.
SB907,123,1413
(e) Medical, scientific
, or genetic evidence relating to the alleged
father's
14paternity parent's parentage of the child based on tests performed by experts.
SB907,277
15Section 277
. 767.87 (1m) (intro.) of the statutes is amended to read:
SB907,123,2116
767.87
(1m) Birth record required. (intro.) If the child was born in this state,
17the petitioner shall present a certified copy of the child's birth record or a printed copy
18of the record from the birth database of the state registrar to the court, so that the
19court is aware of whether a name has been inserted on the birth record as the
father 20parent of the child
other than the person who gave birth to the child, at the earliest
21possible of the following:
SB907,278
22Section 278
. 767.87 (2) of the statutes is amended to read:
SB907,124,223
767.87
(2) Admissibility of sexual relations by mother person who gave birth. 24Testimony relating to sexual relations or possible sexual relations of the
mother
1person who gave birth any time other than the possible time of conception of the child
2is inadmissible in evidence, unless offered by the
mother person who gave birth.
SB907,279
3Section 279
. 767.87 (3) of the statutes is amended to read:
SB907,124,104
767.87
(3) Evidence of identified
male person not under jurisdiction. Except
5as provided in s. 767.84 (4), in an action against an alleged
father parent, evidence
6offered by
him the alleged parent with respect to an identified
male person who is
7not subject to the jurisdiction of the court concerning that
male's person's sexual
8intercourse with the
mother person who gave birth at or about the presumptive time
9of conception of the child is admissible in evidence only after the alleged
father 10parent has undergone genetic tests and made the results available to the court.
SB907,280
11Section
280. 767.87 (6) of the statutes is amended to read:
SB907,124,2312
767.87
(6) When mother parent who gave birth not compelled to testify. (a)
13Whenever the state brings the action to determine
paternity parentage pursuant to
14an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or
1549.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the
16natural mother of parent who gave birth to the child may not be compelled to testify
17about the
paternity parentage of the child if it has been determined that the
mother 18parent who gave birth to the child has good cause for refusing to cooperate in
19establishing
paternity parentage as provided in
42 USC 602 (a) (26) (B) and the
20federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
21pursuant to any rules promulgated by the department
which that define good cause
22in accordance with the federal regulations, as authorized by
42 USC 602 (a) (26) (B)
23in effect on July 1, 1981.
SB907,125,324
(b) Nothing in par. (a) prevents the state from bringing an action to determine
25paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)
12., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
2or 49.159, where evidence other than the testimony of the
mother person who gave
3birth may establish the
paternity parentage of the child.
SB907,281
4Section 281
. 767.87 (9) of the statutes is amended to read:
SB907,125,85
767.87
(9) Artificial insemination; natural father parent
. Where If a child
6is conceived by artificial insemination, the
husband
spouse of the
mother of person
7who gave birth to the child at the time of the conception of the child is the natural
8father parent of the child, as provided in s. 891.40.
SB907,282
9Section 282
. 767.87 (10) of the statutes is amended to read:
SB907,125,1310
767.87
(10) Record of mother's testimony admissible. A record of the
11testimony of the
child's mother person who gave birth to the child relating to the
12child's
paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is
13admissible in evidence on the issue of
paternity
parentage.
SB907,283
14Section 283
. 767.88 (2) (b) and (c) of the statutes are amended to read:
SB907,125,1615
767.88
(2) (b) That the alleged
father parent voluntarily acknowledge
16paternity parentage of the child.
SB907,125,2017
(c) If the alleged
father parent voluntarily acknowledges
paternity parentage 18of the child, that
he the acknowledged parent agree to the duty of support, the legal
19custody of the child, periods of physical placement of the child and other matters as
20determined to be in the best interests of the child by the court.
SB907,284
21Section 284
. 767.883 (1) of the statutes is amended to read:
SB907,126,1822
767.883
(1) Two parts. The trial shall be divided into 2 parts, the first part
23dealing with the determination of
paternity parentage and the 2nd part dealing with
24child support, legal custody, periods of physical placement, and related issues. The
25main issue at the first part shall be whether the alleged or presumed
father parent
1is or is not the
father parent of the
mother's child, but if the child was born
to the
2mother while
she the person who gave birth was the lawful
wife spouse of a specified
3male person, the prior issue of whether the
husband was spouse is not the
father 4parent of the child shall be determined first, as provided under s. 891.39. The first
5part of the trial shall be by jury only if the defendant verbally requests a jury trial
6either at the initial appearance or pretrial hearing or requests a jury trial in writing
7prior to the pretrial hearing. The court may direct and, if requested by either party
8before the introduction of any testimony in the party's behalf, shall direct the jury
9to find a special verdict as to any of the issues specified in this section, except that
10the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the
11mother person who gave birth is dead, becomes insane, cannot be found within the
12jurisdiction, or fails to commence or pursue the action, the proceeding does not abate
13if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony
14of the
mother person who gave birth, taken at the pretrial hearing
, may in any such
15case be read in evidence if it is competent, relevant, and material. The issues of child
16support, custody and visitation, and related issues shall be determined by the court
17either immediately after the first part of the trial or at a later hearing before the
18court.
SB907,285
19Section 285
. 767.89 (2) (a) of the statutes is amended to read:
SB907,127,220
767.89
(2) (a) The clerk of court or county child support agency under s. 59.53
21(5) shall file with the state registrar, within 30 days after the entry of a judgment or
22order determining
paternity parentage, a report showing the names, dates, and birth
23places of the child and the
father adjudicated parent, the social security numbers of
24the
mother, father person who gave birth to the child, adjudicated parent, and child,
25and the
maiden name of the mother full birth name of the person who gave birth to
1the child on a form designated by the state registrar, along with the fee set forth in
2s. 69.22 (5), which the clerk of court or county child support agency shall collect.
SB907,286
3Section 286
. 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b)
4and amended to read:
SB907,127,95
767.89
(2) (b) If
, under par. (a), the clerk of court or county child support agency
6is unable to collect
any of the following fees under par. (a) a fee for omitting, changing,
7or inserting a parent's name on a birth record under s. 69.15 (3) (a) 1., 2., or 3., the
8department shall pay the fee and may not require the county or county child support
9agency to reimburse the department for the cost
:.
SB907,287
10Section 287
. 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.
SB907,288
11Section 288
. 767.89 (3) (e) of the statutes is amended to read:
SB907,127,1912
767.89
(3) (e) 1. An order establishing the amount of the
father's adjudicated
13parent's obligation to pay or contribute to the reasonable expenses of the
mother's 14pregnancy and
the child's birth childbirth. The amount established may not exceed
15one-half of the total actual and reasonable pregnancy and birth expenses. The order
16also shall specify the court's findings as to whether the
father's adjudicated parent's 17income is at or below the poverty line established under
42 USC 9902 (2), and shall
18specify whether periodic payments are due on the obligation, based on the
father's 19adjudicated parent's ability to pay or contribute to those expenses.
SB907,127,2320
2. If the order does not require periodic payments because the
father 21adjudicated parent has no present ability to pay or contribute to the expenses, the
22court may modify the judgment or order at a later date to require periodic payments
23if the
father adjudicated parent has the ability to pay at that time.
SB907,289
24Section 289
. 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are
25amended to read:
SB907,128,7
1767.893
(1m) Judgment when
mother parent fails to appear. 2Notwithstanding sub. (1), a court may enter an order adjudicating the alleged
father 3parent, or
male person alleging
that he is the father to be the parent, to be the
father 4parent of the child under s. 767.89 if the
mother of person who gave birth to the child
5fails to appear at the first appearance, scheduled genetic test, pretrial hearing, or
6trial if sufficient evidence exists to establish the
male person as the
father parent of
7the child.
SB907,128,9
8(2) (b) 1. Only one of those persons fails to appear and all of the other
male 9respondents have been excluded as the
father
parent.
SB907,128,1310
2. The alleged
father parent who fails to appear has had genetic tests under s.
1149.225 or 767.84 showing that the alleged
father
parent is not excluded and that the
12statistical probability of the alleged
father's
parent's parentage is 99.0 percent or
13higher.
SB907,128,21
14(2m) (a) At any time after service of the summons and petition, a respondent
15who is the alleged
father parent may, with or without appearance in court and subject
16to the approval of the court, in writing acknowledge that
he the alleged parent has
17read and understands the notice under s. 767.813 (5g) and stipulate
that he is to
18being the
father parent of the child and for child support payments, legal custody, and
19physical placement. The court may not approve a stipulation for child support unless
20it provides for payment of child support determined in a manner consistent with s.
21767.511 or 767.89.
SB907,290
22Section
290. 767.895 (intro.) of the statutes is amended to read:
SB907,129,2
23767.895 Motion to reopen judgment based on statement
24acknowledging paternity parentage. (intro.) A judgment which adjudicates a
25person to be the
father parent of a child and which was based upon a statement
1acknowledging
paternity parentage that was signed and filed before April 1, 1998,
2may, if no trial was conducted, be reopened under any of the following circumstances:
SB907,291
3Section 291
. 769.201 (1m) (g) of the statutes is amended to read:
SB907,129,74
769.201
(1m) (g) The individual asserted parentage of a child in a declaration
5of
paternal parental interest filed with the department of children and families
6under s. 48.025 or in a statement acknowledging
paternity parentage filed with the
7state registrar under s. 69.15 (3) (b) 1. or 3.
SB907,292
8Section 292
. 769.316 (4) of the statutes is amended to read:
SB907,129,159
769.316
(4) Copies of bills for testing for parentage of a child, or for prenatal
10and postnatal health care of the
mother person who gave birth and
the child, or copies
11of reports of medical assistance payments under subch. IV of ch. 49 for such testing
12or prenatal and postnatal health care, furnished to the adverse party at least 10 days
13before trial, are admissible in evidence to prove the amount of the charges billed or
14the amount of the medical assistance paid and that the charges or payments were
15reasonable, necessary, and customary.
SB907,293
16Section 293
. 769.316 (9) of the statutes is amended to read:
SB907,129,1917
769.316
(9) The defense of immunity based on the relationship
of husband and
18wife between spouses or parent and child does not apply in a proceeding under this
19chapter.
SB907,294
20Section 294
. 769.401 (2) (a) of the statutes is amended to read:
SB907,129,2121
769.401
(2) (a) A
parent or presumed
father parent of the child.
SB907,295
22Section 295
. 769.401 (2) (g) of the statutes is repealed.
SB907,296
23Section 296
. 770.07 (2) of the statutes is amended to read:
SB907,130,724
770.07
(2) If sub. (1) and s. 770.05 are complied with, the county clerk shall
25issue a declaration of domestic partnership. With each declaration of domestic
1partnership the county clerk shall provide information describing the causes and
2effects of fetal alcohol syndrome and the dangers to a fetus from the
mother's use of
3cocaine or other drugs
by the pregnant person during pregnancy. After the
4application for the declaration of domestic partnership is filed, the clerk shall, upon
5the sworn statement of either of the applicants, correct any erroneous, false, or
6insufficient statement in the application that comes to the clerk's attention and shall
7notify the other applicant of the correction, as soon as reasonably possible.
SB907,297
8Section 297
. 786.36 (1) (c) of the statutes is amended to read:
SB907,130,129
786.36
(1) (c) The
minor's mother
the person who gave birth to the minor, if the
10minor is a nonmarital child who is not adopted or whose parents do not subsequently
11intermarry under s. 767.803 and if
paternity
parentage of the minor has not been
12established.
SB907,298
13Section
298. 808.075 (4) (a) 4. of the statutes is amended to read:
SB907,130,1514
808.075
(4) (a) 4. Hearing for child held in custody under s. 48.21 or an adult
15expectant
mother parent of an unborn child held in custody under s. 48.213.
SB907,299
16Section 299
. 815.20 (1) of the statutes is amended to read:
SB907,131,417
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
18resident owner and occupied by him or her shall be exempt from execution, from the
19lien of every judgment, and from liability for the debts of the owner to the amount
20of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
21taxes
, and except as otherwise provided. The exemption shall not be impaired by
22temporary removal with the intention to reoccupy the premises as a homestead nor
23by the sale of the homestead, but shall extend to the proceeds derived from the sale
24to an amount not exceeding $75,000, while held, with the intention to procure
25another homestead with the proceeds, for 2 years. The exemption extends to land
1owned by
husband and wife spouses jointly or in common or as marital property, and
2each spouse may claim a homestead exemption of not more than $75,000. The
3exemption extends to the interest therein of tenants in common, having a homestead
4thereon with the consent of the cotenants, and to any estate less than a fee.
SB907,300
5Section 300
. 822.40 (4) of the statutes is amended to read:
SB907,131,96
822.40
(4) A privilege against disclosure of communications between spouses
7and a defense of immunity based on the relationship
of husband and wife between
8spouses or parent and child may not be invoked in a proceeding under this
9subchapter.
SB907,301
10Section 301
. 851.30 (2) (a) of the statutes is amended to read:
SB907,131,1511
851.30
(2) (a) An individual who obtains or consents to a final decree or
12judgment of divorce from the decedent or an annulment of their marriage, if the
13decree or judgment is not recognized as valid in this state, unless they subsequently
14participate in a marriage ceremony purporting to marry each other or they
15subsequently hold themselves out as
husband and wife
married to each other.
SB907,302
16Section
302. 852.01 (1) (d) of the statutes is amended to read:
SB907,131,1917
852.01
(1) (d) If there is no surviving spouse, surviving domestic partner, issue,
18or parent, to the
brothers and sisters siblings and the issue of any deceased
brother
19or sister sibling per stirpes.
SB907,303
20Section 303
. 852.01 (1) (f) 1. of the statutes is amended to read:
SB907,131,2421
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
22both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 23grandparents
on that side are deceased, to the issue of the
maternal grandparents
24on that side or either of them, per stirpes.
SB907,304
25Section 304
. 852.01 (1) (f) 2. of the statutes is amended to read:
SB907,132,2
1852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
2manner as to the
maternal relations under subd. 1.
SB907,305
3Section 305
. 852.01 (1) (f) 3. of the statutes is amended to read:
SB907,132,64
852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
5grandparent or issue of a grandparent, the entire estate to the decedent's relatives
6on the other side.
SB907,306
7Section 306
. 852.05 (1) and (2) of the statutes are amended to read:
SB907,132,128
852.05
(1) A child born to unmarried parents, or the child's issue, is treated in
9the same manner as a child, or the issue of a child, born to married parents with
10respect to intestate succession from and through the
child's mother person who gave
11birth to the child, and from and through the child's
father other parent if any of the
12following applies
to the person alleged to be the other parent of the child:
SB907,132,1513
(a) The
father person has been adjudicated to be
the father a parent of the child 14in a
paternity parentage proceeding under ch. 767 or by final order or judgment of
15a court of competent jurisdiction in another state.
SB907,132,1716
(b) The
father person has admitted in open court
that he is the father to being
17the parent of the child.
SB907,132,1918
(c) The
father person has acknowledged
himself to be the father parentage in
19writing signed by
him the person.
SB907,133,2
20(2) Property of a child born to unmarried parents passes in accordance with s.
21852.01 except that
the father or the father's kindred a parent who did not give birth
22to the child, or the kindred of such a parent, can inherit only if
the father the parent 23has been adjudicated to be the
father parent of the child in a
paternity parentage 24proceeding under ch. 767 or by final order or judgment of a court of competent
1jurisdiction in another state or has been determined to be the
father parent under
2s. 767.804 or 767.805 or a substantially similar law of another state.
SB907,307
3Section 307
. 854.03 (3) of the statutes is amended to read:
SB907,133,104
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
5husband and wife 2 spouses die leaving marital property and it is not established
6that one survived the other by at least 120 hours, 50 percent of the marital property
7shall be distributed as if it were
the husband's
the first spouse's individual property
8and the
husband 2nd spouse had survived, and 50 percent of the marital property
9shall be distributed as if it were the
wife's
2nd spouse's individual property and the
10wife first spouse had survived.
SB907,308
11Section 308
. 891.39 (title) of the statutes is amended to read:
SB907,133,13
12891.39 (title)
Presumption as to whether a child is marital or
13nonmarital; self-crimination self-incrimination; birth certificates.
SB907,309
14Section 309
. 891.39 (1) (a) of the statutes is amended to read: