AB898: Bill Text

AB898,79 Section 79. 69.14 (1) (c) (intro.) of the statutes is amended to read:

AB898,21,16 69.14 (1) (c) Filing party. (intro.) A birth certificate record shall be prepared and filed by the following:

AB898,80 Section 80. 69.14 (1) (d), (e), (f), (g) and (h) of the statutes are amended to read:

AB898,21,19 69.14 (1) (d) Place of birth. 1. On a birth certificate record the place of birth shall be the place where the placenta is removed except as provided under subd. 2.

AB898,22,2 2. If a birth occurs in a conveyance within the United States and the birth child is first removed from the conveyance in this state, the birth shall be filed in this state and the place where the birth child is first removed from the conveyance shall be the place of birth on the birth certificate record. If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the birth child is first removed from the conveyance in this state, a birth certificate record for the child shall be filed in this state and the place of birth on the birth certificate record shall be the actual place of birth as determined by the filing party.

AB898,22,7 (e) Father's name. 1. If the mother of a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband of the mother shall be entered on the birth certificate record as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under ch. 767.

AB898,22,13 2. If the mother was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth certificate record except as provided under s. 69.15 (3). If under this subdivision the name of the father of the registrant of a birth certificate record is omitted from the certificate record, no other information about the father may be entered on the certificate record.

AB898,22,19 (f) Registrant's name. 1. a. Except as provided under subd. 1. b., if the mother of a registrant of a birth certificate record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother and father of the registrant enter for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,4 b. If the mother of a registrant of a birth certificate record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which the parent of the registrant with actual custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,13 c. If the mother of a registrant of a birth certificate record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother of the registrant enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate record shall be the given name and surname filed and registered on the birth certificate record.

AB898,23,18 2. If no surname has been entered for a registrant within 5 days after the registrant's birth, the filing party shall file a birth certificate record for the registrant without entering a surname on the birth certificate record. The state registrar and any local registrar may not issue any certified copy of the birth certificate record until a surname is entered under this paragraph.

AB898,23,25 (g) Birth by artificial insemination. If the registrant of a birth certificate record under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband of the woman shall be considered the father of the registrant on the birth certificate record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the information about the father of the registrant shall be omitted from the registrant's birth certificate record.

AB898,24,11 (h) Surrogate mother. If the registrant of a birth certificate record under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth certificate record and the information about the father shall be omitted from the birth certificate record. 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 fee required under s. 69.22. Upon receipt of the report, the state registrar shall prepare and register a new birth certificate record for the registrant under s. 69.15 (6) and send a copy notice of the new certificate record to the local registrar who filed the original certificate record. Upon receipt of the copy notice, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate record.

AB898,81 Section 81. 69.14 (2) (a) of the statutes is amended to read:

AB898,24,22 69.14 (2) (a) Registration 6 to 365 days after birth. If a birth certificate record is filed 6 to 365 days after the date of birth, the filing party shall use the form used proceed in the manner prescribed for birth certificates records filed under sub. (1). Before registering the certificate record, the state registrar may require additional evidence in support of the facts of birth and an explanation of why the birth certificate record was not filed under sub. (1). If a birth certificate record filed under this subsection is signed by a person other than the person attending the birth or the person managing the institution where the birth occurred or its medical records, the state registrar may require a notarized statement of why the certificate record was not filed under sub. (1).

AB898,82 Section 82. 69.14 (2) (b) 1. and 2. (intro.), 3. a., b. and d., 4. (intro.), 5., 6., 7. (intro.) and 8. (intro.) and a. of the statutes are amended to read:

AB898,25,5 69.14 (2) (b) 1. If more than 365 days have elapsed since the birth of a person born in this state and a certificate record of the birth has not been filed in this state, such person or the parent or guardian of the person, if the person is living, may request that the state registrar register a birth certificate record for the person under this paragraph.

AB898,25,7 2. (intro.) Any person requesting a birth certificate record under this paragraph shall establish the following facts by evidence documented under subd. 3.:

AB898,25,14 3. a. As evidence of the name, date and place of birth of a registrant for whom a birth certificate record is requested under this paragraph, the person requesting the birth certificate record shall present at least 2 pieces of documentary evidence for each item if the record is filed prior to 7 years after the date of birth or at least 3 pieces of documentary evidence for each item if the record is filed 7 years or more after the date of birth. Only one piece of documentary evidence per item may be an affidavit of personal knowledge.

AB898,25,17 b. As evidence of the parents of a registrant for whom a birth certificate record is requested under this paragraph, the person requesting the birth certificate record shall present at least one document which is not an affidavit of personal knowledge.

AB898,25,21 d. Any document presented under this subdivision which is not an affidavit of personal knowledge shall have been established at least 10 years prior to the date the birth certificate record is requested under this paragraph or shall have been established before the registrant's 10th birthday.

AB898,26,3 4. (intro.) If the registrant of a certificate record filed under this paragraph is 18 years of age or over and is competent to sign and swear to the accuracy of its facts, the registrant shall sign the certificate record and swear to the accuracy of its facts before an official authorized to administer oaths. If the registrant is under 18 years of age or is not competent to sign and swear to the accuracy of the facts of such certificate record, a person shall sign the certificate record and swear to the accuracy of its facts as follows:

AB898,26,10 5. The state registrar may deny a request for a birth certificate record under this paragraph. If the state registrar approves a request for a birth certificate record under this paragraph, he or she shall indicate plainly on the face of the certificate record that the certificate record has been registered under this paragraph and the date the certificate record is registered and shall send a copy of the certificate make available the record to the local registrar under s. 69.03 (11). The local registrar shall file the certificate.

AB898,26,20 6. If the state registrar denies a request for registration of a birth certificate record under this subsection, the person making the request may file a petition with the circuit court of the alleged county of birth for an order establishing a record of the date and place of the birth and the parentage of the person who would be the registrant. If the court finds that such person was born in this state, the court shall make findings as to the place and date of birth, parentage, and any other required finding and shall, in the manner prescribed by the state registrar, issue an order, on a form prescribed and furnished by the state registrar, to register a birth certificate record for the person. The order which shall include the birth date to be registered, a description of the evidence presented, and the date of the court's action.

AB898,26,23 7. (intro.) On any birth certificate record registered under this paragraph, the state registrar or his or her designated representative shall describe each document submitted under subd. 3. The abstract for each document shall include:

AB898,27,3 8. (intro.) On any birth certificate record registered under this paragraph, the state registrar or his or her designated representative shall certify by his or her signature that:

AB898,27,4 a. No other birth certificate record is on file for the registrant.

AB898,83 Section 83. 69.14 (3) (a) (intro.) and 6. of the statutes are amended to read:

AB898,27,9 69.14 (3) (a) (intro.) Any person who assumes custody of a live born infant of unknown parentage shall file a birth certificate record for the infant within 5 days after assuming custody and shall file the birth certificate record with the following information:

AB898,27,13 6. The name, address and signature of the person with whom the registrant has been placed for care. The information under this subdivision shall be entered in the item on the birth certificate record where information on the attendant at birth is required.

AB898,84 Section 84. 69.14 (3) (b) of the statutes is repealed.

AB898,85 Section 85. 69.14 (3) (c) of the statutes is amended to read:

AB898,27,21 69.14 (3) (c) If at any time after a birth certificate record is filed for a registrant under this subsection a birth certificate record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

AB898,86 Section 86. 69.145 (title), (1) (a), (b) and (c), (2) (a), (b) and (c), (3) and (4) (a) and (b) (intro.), 1. and 2. of the statutes are amended to read:

AB898,28,3 69.145 (title) Certificate Record of birth resulting in stillbirth. (1) (a) That they may request preparation of a certificate record of birth resulting in stillbirth.

AB898,28,4 (b) That preparation of the certificate record is optional.

AB898,28,6 (c) How to obtain a certified copy of the certificate record if one is requested and prepared.

AB898,28,11 (2) (a) If the parent or parents of the stillbirth, after being advised as provided in sub. (1), wish to have a certificate record of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. shall, within 5 days after delivery of the stillbirth, prepare and file the certificate record with the state registrar.

AB898,28,14 (b) If the parent or parents of the stillbirth do not wish to provide a name for the stillbirth, the person who prepares the certificate record of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth.

AB898,28,18 (c) Either parent of the stillbirth or, if neither parent is available, another person with knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered on the certificate record in time to permit the filing of the certificate record within 5 days after delivery.

AB898,29,3 (3) Special preparation under certain circumstances. Notwithstanding subs. (1) and (2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s. 69.18 (1) (e) 1. but a certificate record of birth resulting in stillbirth was not prepared under sub. (2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate record of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.

AB898,29,6 (4) (a) Prescribe the form of, and information to be included on, a certificate record of birth resulting in stillbirth, which shall be as similar as possible to the form of and information included on a certificate record of birth.

AB898,29,9 (b) (intro.) Issue a certified copy of a certificate record of birth resulting in stillbirth to a parent of the stillbirth that is the subject of the certificate record if all of the following conditions are satisfied:

AB898,29,11 1. A certificate record of birth resulting in stillbirth has been prepared and filed under sub. (2) or (3).

AB898,29,13 2. The parent requesting a certified copy of the certificate record submits the request in writing.

AB898,87 Section 87. 69.15 (title), (1) (intro.) and (b), (2) (a) (intro.), 2., 5. and 6., (b), (c) and (d) 1. (intro.), a., c., d. and e., 2. and 3. and (e), (3) (a) (intro.), 1., 2., 3. and 4., (b) 1., 3. and 4. (intro.), (c) and (d), (3m) (a) 2. and 3. and (b), (4) (a) and (b), (4m) (a) 1. and (b), (5) and (6) (title), (a), (b) and (c) of the statutes are amended to read:

AB898,29,23 69.15 (title) Changes of fact on birth certificates records. (1) Birth certificate record information changes. (intro.) The state registrar may change information on a birth certificate record registered in this state which was correct at the time the birth certificate record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

AB898,30,3 (b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

AB898,30,10 (2) (a) (intro.) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new certificate record for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1), that no new certificate record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate record registered for the subject of the adoption. The new certificate record shall show:

AB898,30,12 2. The date and place of birth as transcribed from the original certificate record. The date and place on the original certificate record may not be changed by the court.

AB898,30,13 5. The filing date on the original certificate record.

AB898,30,14 6. Any other information necessary to complete the new certificate record.

AB898,31,3 (b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s. 48.97 (3), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate record issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.

AB898,31,8 (c) If the state registrar determines that the registrant of a birth certificate record was adopted without a change in the registrant's birth certificate record under par. (a) or (b), the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub. (6), a new certificate record for the registrant.

AB898,31,12 (d) 1. (intro.) A court shall order the state registrar to prepare for the subject of a birth certificate record a new birth certificate record based on the information on the subject's original birth certificate record if all of the following circumstances apply:

AB898,31,14 a. The subject of the birth certificate record petitions the court for a new birth certificate record.

AB898,31,16 c. The subject did not have the opportunity under par. (a), at the time of the adoption, to request that no new birth certificate record be prepared.

AB898,31,18 d. The subject knows the identity of each birth parent who is named on his or her original birth certificate record.

AB898,31,21 e. Each birth parent who is alive and who is named on the subject's original birth certificate record does not object to the restoration of the information on the subject's original birth certificate record.

AB898,31,25 2. If the court grants an order under subd. 1., the state registrar shall prepare under sub. (6) a new birth certificate record using all of the information contained on the original birth certificate record, except for the adoptee's given name at birth, if different.

AB898,32,3 3. After preparing a new birth certificate record under subd. 2., the state registrar shall follow the procedure under sub. (6) (b) to impound all other birth certificates records of the subject except the subject's new birth certificate record.

AB898,32,14 (e) If the state registrar receives an order under s. 48.97 (2) (d) registering the foreign adoption of a child who was adopted under the circumstances described in s. 48.97 (2), the state registrar shall prepare a certification of birth data for the child using the form in use at the time the court submits the information under s. 48.97 (2) (d). The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order registering a foreign adoption order under s. 48.97 (2) (d), the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate record issued by the state registrar.

AB898,32,18 (3) (a) (intro.) If the state registrar receives an order under sub. (1) which establishes paternity or determines that the man whose name appears on a registrant's birth certificate record is not the father of the registrant, the state registrar shall do the following, as appropriate:

AB898,32,22 1. Prepare under sub. (6) a new certificate record omitting the father's name if the order determines that the man whose name appears on a registrant's birth certificate record is not the father of the registrant and if there is no adjudicated father.

AB898,32,25 2. Prepare under sub. (6) a new certificate record for the subject of a paternity action changing the name of the father if the name of the adjudicated father is different than the name of the man on the birth certificate record.

AB898,33,3 3. Except as provided under subd. 4., insert the name of the adjudicated father on the original birth certificate record if the name of the father was omitted on the original certificate record.

AB898,33,8 4. If the order provides for a change in the child's given name or surname or both, enter the name indicated on a new birth certificate record prepared under subd. 1. or 2. or on the original birth certificate record under subd. 3. except that if the surname of a child under 7 years of age is changed, the state registrar shall prepare a new certificate record under sub. (6).

AB898,33,16 (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form in the manner prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents' marriage certificate record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband from the marriage certificate record as the father if the name of the father was omitted on the original birth certificate record. The state registrar shall include on the form for the acknowledgment the items in s. 767.813 (5g).

AB898,34,2 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate record to show that the form acknowledgement is on file. The form acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB898,34,7 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth certificate record, the state registrar shall enter the name indicated on the birth certificate record without a court order:

AB898,34,10 (c) If the state registrar is required to enter a new surname or a new given name on a birth certificate record under par. (b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new certificate record under sub. (6).

AB898,34,13 (d) The form method prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant's parents signing the form be provided.

AB898,34,16 (3m) (a) 2. The person rescinding the statement files with the state registrar a document a rescission in the method prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3.

AB898,34,21 3. The person rescinding the statement files the document a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB898,35,2 (b) If the state registrar, within the time required under par. (a) 3., receives a document rescission in the method prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3., along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new certificate record omitting the father's name if it was inserted under sub. (3) (b).

AB898,35,5 (4) (a) If the state registrar receives an order under sub. (1) which provides for a name change, the state registrar shall change the name on the original birth certificate record.

AB898,35,13 (b) Any person with a direct and tangible interest in a birth certificate record registered in this state may petition a court to change the name and sex of the registrant on the certificate record due to a surgical sex-change procedure. If the state registrar receives an order which provides for such a change the state registrar shall change the name and sex on the original certificate record, except that if the court orders the state registrar to prepare a new certificate record the state registrar shall prepare a new certificate record under sub. (6). This subsection does not apply to a name change prohibited under s. 301.47.

AB898,35,15 (4m) (a) 1. The request for the change is received to by the state registrar, in writing, on a form approved in the manner prescribed by the state registrar.

AB898,35,18 (b) If the conditions under par. (a) 1. to 4. are met, the state registrar shall change the registrant's name on the registrant's birth certificate record. The state registrar is not required to issue a new birth certificate record under this paragraph.

AB898,35,24 (5) New certificate record for a person without any certificate record. If no birth certificate record has been registered for any person who is more than 365 days old and who is entitled to a new certificate record under this section, and if the date and place of birth of the person have not been determined by a court, the state registrar shall register a birth certificate record for the individual under s. 69.14 (2) (b) before preparing a new certificate record under sub. (6).

AB898,36,6 (6) (title) Preparation of new certificates records. (a) The state registrar shall prepare a new birth certificate record that under this section on the form in use at the time the original certificate was filed. The state registrar shall include on a new certificate the date of creation of the new certificate record and shall sign it. The state registrar shall type on the new certificate any other legible signature on the original certificate.

AB898,36,16 (b) The state registrar shall register a new certificate record created under this section and shall impound the original certificate record or the certificate record registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. 48.432 and 48.433. The state registrar shall send a copy notice of any new certificate record registered under this section to the local registrar who filed the original of the replaced certificate record. Upon receipt of the copy notification, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate original record.

AB898,36,21 (c) If the state registrar changes a birth certificate record on file or registered under this section instead of preparing a new certificate record, the state registrar shall make the change under s. 69.11 (5) and shall send a notice of the change to the local registrar who filed the original of the changed certificate. Upon receipt of the notice, the local registrar shall change his or her copy of the changed certificate.

AB898,88 Section 88. 69.16 (2) of the statutes is amended to read:

AB898,37,8 69.16 (2) If a person has married in this state, at least 365 days have elapsed since the marriage and no marriage document is on file, a person with a direct and tangible interest in having a marriage document registered may petition the circuit court of the county in which the marriage is alleged to have occurred. If the court finds that the petitioner has established the fact of the marriage required on the marriage document, except for the information under s. 69.20 (2), the clerk of the court shall report the court's determination to the state registrar on a form in the manner prescribed by the state registrar, along with the fee required under s. 69.22. Upon receipt of the report, the state registrar shall register the marriage document and send a copy of the document make the record available to the local registrar under s. 69.03 (11). The local registrar shall file the document.

AB898,89 Section 89. 69.17 of the statutes is amended to read:

AB898,37,16 69.17 Divorce report. At the end of every biweekly period, the clerk of any court which conducts divorce proceedings under ch. 767 shall forward to the state registrar, on a form supplied in the manner prescribed by the state registrar, a report of every divorce or annulment of marriage granted during the biweekly period. The form supplied by the state registrar shall require that the social security numbers of the parties to the divorce or annulment and the social security number of any child of the parties be provided.

AB898,90 Section 90. 69.18 (1) (b) (intro.) of the statutes is amended to read:

AB898,37,21 69.18 (1) (b) (intro.) Any person who moves a corpse under par. (a) shall file a certificate of death record for the corpse under this subsection on a form in the manner prescribed by the state registrar under any one of the following circumstances: