LRB-0981/1
PJK:jld:pg
2001 - 2002 LEGISLATURE
March 8, 2001 - Introduced by Representatives Schneider and Ryba, by request
of Chris Kietrys. Referred to Committee on Family Law.
AB179,1,2
1An Act to create 767.51 (3m) of the statutes;
relating to: changing a child's
2name in a paternity action.
Analysis by the Legislative Reference Bureau
Under current law, the name of a nonmarital child who has not been adopted
and whose parents have not intermarried may be changed by a court if certain
requirements are fulfilled. The child's mother may petition the court for the name
change, but the father must join in the petition if his parental rights have not been
terminated. Notice of the proposed name change and where and when the court will
hear the petition must be published in an area newspaper once per week for three
consecutive weeks before the petition is heard. This bill provides that a nonmarital
child's name may be changed in a judgment or order determining paternity. The
requirements under current law regarding filing a separate petition and publishing
notice of the name change do not apply. If both parents in the paternity action
request the same name change, the court is required to include that name change in
the paternity judgment or order. If only one parent requests that the child's name
be changed, or if each parent requests a different name change, the court may include
in the paternity judgment or order an order changing the child's surname to a
surname that is both parents' surnames separated by a hyphen or, if a parent has
more than one surname, that is one of each of the parents' surnames separated by
a hyphen, if the court finds that such a name change is in the child's best interest.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB179, s. 1
1Section
1. 767.51 (3m) of the statutes is created to read:
AB179,2,42
767.51
(3m) (a) Upon the request of both parents, the court shall include in the
3judgment or order determining paternity an order changing the name of the child to
4a name agreed upon by the parents.
AB179,2,95
(b) Except as provided in par. (a), the court may include in the judgment or order
6determining paternity an order changing the surname of the child to a surname that
7consists
of the surnames of both parents separated by a hyphen or, if one or both
8parents have more than one surname, of one of the surnames of each parent
9separated by a hyphen, if all of the following apply:
AB179,2,1210
1. Only one parent requests that the child's name be changed, or both parents
11request that the child's name be changed but each parent requests a different name
12change.
AB179,2,1313
2. The court finds that such a name change is in the child's best interest.
AB179,2,1414
(c) Section 786.36 does not apply to a name change under this subsection.
