LRB-4355/1
PJK:rs&jld:jf
2001 - 2002 LEGISLATURE
February 20, 2002 - Introduced by Representatives Wasserman, Gundrum,
Ainsworth, Albers, Colon, Gronemus, Grothman, Gunderson, La Fave,
Musser, Staskunas
and Stone. Referred to Committee on Judiciary.
AB839,1,3 1An Act to amend 767.458 (1m) and 767.463 of the statutes; relating to:
2prohibiting the dismissal, in a child's best interest, of an action to rebut a
3presumption of paternity.
Analysis by the Legislative Reference Bureau
Under current law, a man who is married to a woman when she has a child is
presumed to be the father of the child. The man may bring an action to rebut that
presumption. The presumption is rebutted if the results of genetic tests show that
another man is not excluded as the father of the child and that the probability that
the other man is the father is 99% or higher. Current law also provides that in a
paternity action a judge or family court commissioner may refuse to order genetic
tests and dismiss the action if, upon the motion of a party or guardian ad litem, the
judge or family court commissioner determines that it is not in the child's best
interest to determine whether a man is the child's father or that a man other than
the mother's husband is the father.
This bill provides that, regardless of a child's best interest, a judge or family
court commissioner may not refuse to order genetic tests and dismiss a paternity
action if the man who is presumed to be the father of the child because he is the
mother's husband desires to rebut the presumption that he is the father.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB839, s. 1
1Section 1. 767.458 (1m) of the statutes is amended to read:
AB839,2,102 767.458 (1m) In an action to establish the paternity of a child who was born
3to a woman while she was married, where a man other than the woman's husband
4alleges that he, not the husband, is the child's father, a party may allege that a
5judicial determination that a man other than the husband is the father is not in the
6best interest of the child. If the court or court commissioner under s. 757.69 (3) (g)
7determines that a judicial determination of whether a man other than the husband
8is the father is not in the best interest of the child, no genetic tests may be ordered
9and the action shall be dismissed. This subsection does not apply if the husband
10desires to rebut the presumption under s. 891.41 (1) that he is the father of the child.
AB839, s. 2 11Section 2. 767.463 of the statutes is amended to read:
AB839,2,20 12767.463 Dismissal if adjudication not in child's best interest. Except as
13provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
14child, upon the motion of a party or guardian ad litem, the court or court
15commissioner under s. 757.69 (3) (g) may, with respect to a man, refuse to order
16genetic tests, if genetic tests have not yet been taken, and dismiss the action if the
17court or court commissioner determines that a judicial determination of whether the
18man is the father of the child is not in the best interest of the child. This section does
19not apply in an action in which a man who is presumed to be the father of the child
20under s. 891.41 (1) desires to rebut the presumption.
AB839,2,2121 (End)
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