SB221: Bill Text

SB221, s. 6 Section 6. 69.14 (1) (h) of the statutes is renumbered 69.14 (1) (h) (intro.) and amended to read:

SB221,4,25 69.14 (1) (h) Surrogate mother. (intro.) If the registrant of a birth certificate under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth certificate and the information about the father shall be omitted from the birth certificate. If a court determines parental rights over the registrant, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the intended parents under a surrogate parenting agreement submit to the state registrar within 365 days after the date of birth of the child a copy of the surrogate parenting agreement and the fee required under s. 69.22. Upon receipt of the report, together with affidavits sworn to by the surrogate mother, her husband, if any, the intended mother and the intended father on a form prescribed by the state registrar indicating that each affiant consents to the preparation and registration of a new birth certificate, the state registrar shall prepare and register a new birth certificate for the registrant under s. 69.15 (6) and send a copy of the new certificate to the local registrar who filed the original certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate. The new birth certificate shall show all of the following:

SB221, s. 7 Section 7. 69.14 (1) (h) 1. to 6. of the statutes are created to read:

SB221,5,3 69.14 (1) (h) 1. The given name and surname of the registrant as requested by the intended parents.

SB221,5,4 2. The date and place of birth as transcribed from the original certificate.

SB221,5,5 3. The names and personal information of the intended parents.

SB221,5,6 4. The hospital and time of birth as unknown.

SB221,5,7 5. The filing date on the original certificate.

SB221,5,8 6. Any other information necessary to complete the new certificate.

SB221, s. 8 Section 8. 115.76 (12) of the statutes is amended to read:

SB221,5,24 115.76 (12) "Parent" means a biological parent; a husband who has consented to the artificial insemination of his wife under s. 891.40 (2) (a); a wife who gives birth as a result of an egg donation under s. 891.40 (3) (a); a male who is presumed to be the child's father under s. 891.41; a male who has been adjudicated the child's father under subch. VIII of ch. 48, under ss. 767.45 to 767.51, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state; an adoptive parent; a legal guardian; a person acting as a parent of a child; a person appointed as a sustaining parent under s. 48.428; or a person assigned as a surrogate parent under s. 115.792 (1) (a) 2. "Parent" does not include any person whose parental rights have been terminated; the state or a county or a child welfare agency if a child was made a ward of the state or a county or child welfare agency under ch. 880 or if a child has been placed in the legal custody or guardianship of the state or a county or a child welfare agency under ch. 48 or ch. 767; or an American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency.

SB221, s. 9 Section 9. 146.34 (1) (f) of the statutes is amended to read:

SB221,6,7 146.34 (1) (f) "Parent" means a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40 (2) (a), a wife who gives birth as a result of an egg donation under s. 891.40 (3) (a) or a parent by adoption. If the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding under ch. 48 to be the biological father of the minor. "Parent" does not include any person whose parental rights have been terminated.

SB221, s. 10 Section 10. 767.47 (9) of the statutes is amended to read:

SB221,6,11 767.47 (9) Where a child is conceived by artificial insemination, the husband of the mother of the child at the time of the conception of the child is the natural father of the child, as provided in s. 891.40 (2) (a).

SB221, s. 11 Section 11. 891.40 (title) of the statutes is amended to read:

SB221,6,13 891.40 (title) Artificial insemination and egg donation.

SB221, s. 12 Section 12. 891.40 (1) of the statutes is renumbered 891.40 (2) (a) and amended to read:

SB221,7,5 891.40 (2) (a) If, by or under the direction or supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband of the mother at the time of the conception of the child shall be the natural father of a child conceived , unless the wife is inseminated artificially under a surrogate parenting agreement, in which case the intended father under the surrogate parenting agreement shall be the natural father of a child conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and shall file the husband's consent with the department of health and family services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician's failure to file the consent form does not affect the legal status of father and child. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

SB221, s. 13 Section 13. 891.40 (1d) of the statutes is created to read:

SB221,7,7 891.40 (1d) Definitions. In this section and s. 891.403:

SB221,7,10 (a) "Intended father" means a man who is married to an intended mother and who intends to have the parental rights and responsibilities for a child born as a result of a surrogate parenting agreement.

SB221,7,13 (b) "Intended mother" means a woman who is married to an intended father and who intends to have the parental rights and responsibilities for a child born as a result of a surrogate parenting agreement.

SB221,7,15 (c) "Intended parents" mean an intended father and an intended mother who are married to each other and who enter into a surrogate parenting agreement.

SB221,7,17 (d) "Surrogate mother" means a woman who enters into a surrogate parenting agreement.

SB221,7,21 (e) "Surrogate parenting agreement" means an agreement under which a surrogate mother agrees to become impregnated through other than natural means and to relinquish to the intended parents the custody of the child born as a result of the pregnancy.

SB221, s. 14 Section 14. 891.40 (2) (title) of the statutes is created to read:

SB221,7,23 891.40 (2) (title) Artificial insemination.

SB221, s. 15 Section 15. 891.40 (2) of the statutes is renumbered 891.40 (2) (b) and amended to read:

SB221,8,7 891.40 (2) (b) The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor's wife is not the natural father of a child conceived, bears no liability for the support of the child and has no parental rights with regard to the child, unless the donor is the intended father and the woman is a surrogate mother, in which case the donor is the natural father of a child conceived, is liable for the support of the child and otherwise has all parental rights and responsibilities with regard to the child.

SB221, s. 16 Section 16. 891.40 (3) of the statutes is created to read:

SB221,8,22 891.40 (3) Egg donation. (a) If, by or under the direction or supervision of a licensed physician and with the consent of her husband, a wife is implanted with an egg donated by another woman, the wife shall be the natural mother of a child conceived, unless the wife is implanted under a surrogate parenting agreement, in which case the intended mother under the surrogate parenting agreement shall be the natural mother of a child conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the implantation, and shall file the husband's consent with the department of health and family services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician's failure to file the consent form does not affect the legal status of mother and child. All papers and records pertaining to the implantation, whether part of the permanent record of a court or of a file held by the physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

SB221,9,4 (b) The donor of an egg provided to a licensed physician for implantation in a woman other than the donor is not the natural mother of a child conceived, bears no liability for the support of the child and has no parental rights with regard to the child, unless the donor is the intended mother and the woman is a surrogate mother in which case the donor is the natural mother of a child conceived, is liable for the support of the child and otherwise has all parental rights and responsibilities with regard to the child.

SB221, s. 17 Section 17. 891.403 of the statutes is created to read:

SB221,9,9 891.403 Presumption of maternity based on giving birth; surrogate mother exception. (1) Subject to sub. (2), a woman is presumed to be the natural mother of a child if she gives birth to the child, notwithstanding that another woman may have donated the egg.

SB221,9,16 (2) If a child is born to a surrogate mother, the intended mother is presumed to be the natural mother of the child, notwithstanding that the surrogate mother gave birth to the child and regardless of whether the egg came from the intended mother, the surrogate mother or a donor who is not the intended mother or surrogate mother. The surrogate mother is not presumed to be the natural mother of the child, bears no liability for the support of the child and has no parental rights with regard to the child.

SB221, s. 18 Section 18. 891.41 (1) (intro.) of the statutes is amended to read:

SB221,9,19 891.41 (1) (intro.) A Subject to sub. (1m), a man is presumed to be the natural father of a child if any of the following applies:

SB221, s. 19 Section 19. 891.41 (1m) of the statutes is created to read:

SB221,9,24 891.41 (1m) The husband of a surrogate mother who bears a child under a surrogate parenting agreement is not presumed to be the natural father of the child, bears no liability for the support of the child and has no parental rights with regard to the child.

SB221, s. 20 Section 20. 938.02 (13) of the statutes is amended to read:

SB221,10,8 938.02 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40 (2) (a), a wife who gives birth as a result of an egg donation under s. 891.40 (3) (a), 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. 767.60, "parent" includes a person acknowledged under s. 767.62 (1) 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.

SB221, s. 21 Section 21. Initial applicability.

SB221,10,11 (1) This act first applies to artificial insemination and egg implant procedures performed on the effective date of this subsection.

SB221,10,12 (End)