SB830,36 5Section 36 . 767.80 (5m) of the statutes is amended to read:
SB830,17,246 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
7767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
8male is presumed the child's father under s. 891.41 (1), is adjudicated the child's
9father either under s. 767.89 or by final order or judgment of a court of competent
10jurisdiction in another state, is conclusively determined to be the child's father from
11genetic test results under s. 767.804,
or has acknowledged himself to be the child's
12father under s. 767.805 (1) or a substantially similar law of another state, no order
13or temporary order may be entered for child support, legal custody, or physical
14placement until the male is adjudicated the father using the procedure set forth in
15this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804,
16767.805, 767.85, and 769.401, the exclusive procedure for establishment of child
17support obligations, legal custody, or physical placement rights for a male who is not
18presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
19determined to be the child's father from genetic test results under s. 767.804,
or
20acknowledged under s. 767.805 (1) or a substantially similar law of another state to
21be the father is by an action under this subchapter, except s. 767.804 or 767.805, or
22under s. 769.402. No person may waive the use of this procedure. If a presumption
23under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the
24presumption.
SB830,37 25Section 37 . 767.80 (6m) of the statutes is amended to read:
SB830,18,8
1767.80 (6m) When action must be commenced. The attorney designated under
2sub. (6) (a) shall commence an action under this section on behalf of the state within
36 months after receiving notification under s. 69.03 (15) that no father is named on
4the birth certificate of a child who is a resident of the county if paternity has not been
5conclusively determined from genetic test results under s. 767.804, acknowledged
6under s. 767.805 (1) or a substantially similar law of another state , or adjudicated,
7except in situations under s. 69.14 (1) (g) and (h) and as provided by the department
8by rule.
SB830,38 9Section 38. 767.804 of the statutes is created to read:
SB830,18,15 10767.804 Genetic test results. (1) Conclusive determination of paternity.
11(a) If genetic tests have been performed with respect to a child, the child's mother,
12and a male alleged, or alleging himself, to be the child's father, the test results
13constitute a conclusive determination of paternity, effective on the date on which the
14report under par. (c) is submitted to the state registrar, which has the same effect as
15a judgment of paternity, if all of the following apply:
SB830,18,1616 1. Both the child's mother and the male are over the age of 18 years.
SB830,18,1817 2. The genetic tests were required to be performed by a county child support
18agency under s. 59.53 (5) pursuant to s. 49.225.
SB830,18,2019 3. The test results show that the male is not excluded as the father and that
20the statistical probability of the male's parentage is 99.0 percent or higher.
SB830,18,2121 4. No other male is presumed to be the father under s. 891.405 or 891.41 (1).
SB830,19,322 (b) When the county child support agency under s. 59.53 (5) receives genetic
23test results described in par. (a) 3. and the requirements under par. (a) are satisfied,
24the county child support agency shall send notice to the custodial and noncustodial
25parents by regular mail at their last-known addresses. The notice must be sent at

1least 15 days in advance of the date on which the county child support agency intends
2to file the report under par. (c) and shall advise the custodial and noncustodial
3parents of all of the following:
SB830,19,44 1. The test results.
SB830,19,75 2. That the report under par. (c) will be filed with the state registrar if neither
6the custodial nor the noncustodial parent timely objects under subd. 4., and the date
7on which the report will be filed.
SB830,19,108 3. That an action affecting the family concerning custody, child support, or
9physical placement rights may be brought with respect to the custodial or
10noncustodial parents.
SB830,19,1411 4. That the custodial or the noncustodial parent, or both, may object to the test
12results by submitting an objection in writing to the county child support agency no
13later than the day before the date specified in subd. 2., and that, if either the mother
14or the male timely submits an objection, the state will commence a paternity action.
SB830,19,2015 (c) 1. If neither the custodial nor the noncustodial parent timely submits an
16objection under par. (b) 4., the county child support agency shall file with the state
17registrar a report showing the names, dates, and birth places of the child and the
18father, the social security numbers of the mother, father, and child, and the maiden
19name of the mother on a form prescribed by the state registrar, along with the fee set
20forth in s. 69.22 (5), if any, which the county child support agency shall collect.
SB830,19,2421 2. The department shall pay, and may not require the county or county child
22support agency to reimburse the department, for the cost of a fee for inserting the
23father's name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support
24agency is unable to collect the fee.
SB830,20,4
1(d) If either the custodial or the noncustodial parent timely submits an
2objection under par. (b) 4., the county child support agency shall commence an action
3under s. 767.80 (1) on behalf of the state. The genetic test results described in par.
4(a) are admissible in an action commenced under this paragraph.
SB830,20,10 5(2) Actions. Unless sub. (1) (d) applies, an action affecting the family
6concerning custody, child support, or physical placement rights may be brought
7under this subsection with respect to a child's mother and a male who, along with the
8child, were the subjects of genetic tests, the results of which constitute a conclusive
9determination of paternity under sub. (1). Except as provided in s. 767.407, in an
10action under this subsection the court may appoint a guardian ad litem for the child.
SB830,20,13 11(3) Orders. In an action under sub. (2), if the child's custodial and noncustodial
12parent had notice of the hearing, the court shall make an order that contains all of
13the following provisions:
SB830,20,1514 (a) Orders for the legal custody of and periods of physical placement with the
15child, determined in accordance with s. 767.41.
SB830,20,2016 (b) An order requiring either or both of the parents to contribute to the support
17of any child of the parties who is less than 18 years old, or any child of the parties who
18is less than 19 years old if the child is pursuing an accredited course of instruction
19leading to the acquisition of a high school diploma or its equivalent, determined in
20accordance with s. 767.511.
SB830,20,2321 (c) A determination as to which parent, if eligible, shall have the right to claim
22the child as an exemption for federal tax purposes under 26 USC 151 (c), or as an
23exemption for state tax purposes under s. 71.07 (8) (b).
SB830,21,524 (d) 1. An order establishing the amount of the father's obligation to pay or
25contribute to the reasonable expenses of the mother's pregnancy and the child's

1birth. The amount established may not exceed one-half of the total actual and
2reasonable pregnancy and birth expenses. The order also shall specify the court's
3findings as to whether the father's income is at or below the poverty line established
4under 42 USC 9902 (2), and shall specify whether periodic payments are due on the
5obligation, based on the father's ability to pay or contribute to those expenses.
SB830,21,96 2. If the order does not require periodic payments because the father has no
7present ability to pay or contribute to the expenses, the court may modify the
8judgment or order at a later date to require periodic payments if the father has the
9ability to pay at that time.
SB830,21,1110 (e) An order requiring either or both parties to pay or contribute to the costs
11of guardian ad litem fees, if any, and other costs.
SB830,21,1312 (f) An order requiring either party to pay or contribute to the attorney fees of
13the other party.
SB830,21,16 14(3m) Change of child's name. (a) Upon the request of both parents, the court
15shall include in the order under sub. (3) an order changing the name of the child to
16a name agreed upon by the parents.
SB830,21,2017 (b) Except as provided in par. (a), the court may include an order changing the
18surname of the child to a surname that consists of the surnames of both parents
19separated by a hyphen or, if one or both parents have more than one surname, of one
20of the surnames of each parent separated by a hyphen, if all of the following apply:
SB830,21,2321 1. Only one parent requests that the child's name be changed, or both parents
22request that the child's name be changed but each parent requests a different name
23change.
SB830,21,2424 2. The court finds that such a name change is in the child's best interest.
SB830,21,2525 (c) Section 786.36 does not apply to a name change under this subsection.
SB830,22,5
1(4) Liability for past support. (a) Subject to par. (b), liability for past support
2of the child shall be limited to support for the period after the day on which the
3petition, motion, or order to show cause requesting support is filed in the action for
4support under sub. (2), unless a party shows, to the satisfaction of the court, all of the
5following:
SB830,22,76 1. That he or she was induced to delay commencing the action by any of the
7following:
SB830,22,88 a. Duress or threats.
SB830,22,109 b. Actions, promises, or representations by the other party upon which the
10party relied.
SB830,22,1111 c. Actions taken by the other party to evade proceedings under sub. (2).
SB830,22,1312 2. That, after the inducement ceased to operate, he or she did not unreasonably
13delay in commencing the action.
SB830,22,1514 (b) In no event may liability for past support of the child be imposed for any
15period before the birth of the child.
SB830,39 16Section 39 . 767.82 (2) of the statutes is amended to read:
SB830,22,1817 767.82 (2) Presumption. Presumption of paternity shall be as provided in ss.
18891.39, 891.405, 891.407, and 891.41 (1).
SB830,40 19Section 40 . 767.82 (2m) of the statutes is amended to read:
SB830,22,2320 767.82 (2m) Custody pending court order. If there is no presumption of
21paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic
22test results under s. 767.804 (1) or
acknowledged under s. 767.805 (1), the mother
23shall have sole legal custody of the child until the court orders otherwise.
SB830,41 24Section 41. 767.84 (1) (a) of the statutes is renumbered 767.84 (1) (a) (intro.)
25and amended to read:
SB830,23,13
1767.84 (1) (a) (intro.) The Except as provided in ss. 767.855 and 767.863, and
2except in actions to which s. 767.893 applies, the
court may, and upon request of a
3party
shall, require the child, mother, any male for whom there is probable cause to
4believe that he had sexual intercourse with the mother during a possible time of the
5child's conception, or any male witness who testifies or will testify about his sexual
6relations with the mother at a possible time of conception to submit to genetic tests.
7Probable cause of sexual intercourse during a possible time of conception may be
8established by a sufficient petition or affidavit of the child's mother or an alleged
9father, filed with the court, or after an examination under oath of a party or witness,
10when the court determines that an examination is necessary. The court is not
11required to order a person who has undergone a genetic test under s. 49.225 to submit
12to another
genetic test under this paragraph unless a party requests additional tests
13under sub. (2).
with respect to any of the following:
SB830,42 14Section 42. 767.84 (1) (a) 1. of the statutes is created to read:
SB830,23,1615 767.84 (1) (a) 1. A person who has undergone a genetic test under s. 49.225,
16unless a party requests additional tests under sub. (2).
SB830,43 17Section 43. 767.84 (1) (a) 2. of the statutes is created to read:
SB830,23,1918 767.84 (1) (a) 2. A deceased respondent if genetic material is not available
19without undue hardship as provided in s. 767.865 (2).
SB830,44 20Section 44 . 767.84 (1) (a) 3. of the statutes is created to read:
SB830,23,2521 767.84 (1) (a) 3. a. Except as provided in subd. 3. b., a male respondent who fails
22to appear, if genetic test results with respect to another man show that the other man
23is not excluded as the father and that the statistical probability of the other man's
24parentage is 99.0 percent or higher creating a presumption of the other man's
25paternity.
SB830,24,2
1b. Subdivision 3. a. does not apply if the presumption of the other man's
2paternity is rebutted.
SB830,45 3Section 45 . 767.855 of the statutes is amended to read:
SB830,24,16 4767.855 Dismissal if adjudication not in child's best interest. Except as
5provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
6child, upon the motion of a party or guardian ad litem, the court or supplemental
7court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to
8order genetic tests, if genetic tests have not yet been taken, and dismiss the action

9if the court or supplemental court commissioner determines that a judicial
10determination of whether the a male is the father of the child is not in the best
11interest of the child, dismiss the action with respect to the male, regardless of
12whether genetic tests have been performed or what the results of the tests, if
13performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2),
14767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed
15with respect to the male, the court or supplemental court commissioner is not
16required to order those genetic tests
.
SB830,46 17Section 46 . 767.87 (8) of the statutes is amended to read:
SB830,24,2118 767.87 (8) Burden of proof. The party bringing an action for the purpose of
19determining paternity or for the purpose of declaring the nonexistence of paternity
20presumed under s. 891.405, 891.407, or 891.41 (1) shall have the burden of proving
21the issues involved by clear and satisfactory preponderance of the evidence.
SB830,47 22Section 47 . 769.201 (1m) (gm) of the statutes is created to read:
SB830,24,2423 769.201 (1m) (gm) The individual was conclusively determined from genetic
24test results to be the father under s. 767.804.
SB830,48 25Section 48. 802.12 (3) (d) 1. of the statutes is amended to read:
SB830,25,2
1802.12 (3) (d) 1. Custody and physical placement under s. 767.41, 767.804 (3),
2767.805 (4), 767.863 (3), or 767.89 (3).
SB830,49 3Section 49. 802.12 (3) (d) 3. of the statutes is amended to read:
SB830,25,54 802.12 (3) (d) 3. Child support under s. 767.511, 767.804 (3), 767.805 (4),
5767.863 (3), or 767.89 (3).
SB830,50 6Section 50. 808.075 (4) (d) 9. of the statutes is amended to read:
SB830,25,87 808.075 (4) (d) 9. Enforcement of payments under s. 767.77, 767.804 (3),
8767.805 (4), or 767.89.
SB830,51 9Section 51. 808.075 (4) (d) 10. of the statutes is amended to read:
SB830,25,1110 808.075 (4) (d) 10. Enforcement of orders under s. s. 767.78, 767.804 (3),
11767.805 (4), or 767.89.
SB830,52 12Section 52 . 852.05 (2) of the statutes is amended to read:
SB830,25,1813 852.05 (2) Property of a child born to unmarried parents passes in accordance
14with s. 852.01 except that the father or the father's kindred can inherit only if the
15father has been adjudicated to be the father in a paternity proceeding under ch. 767
16or by final order or judgment of a court of competent jurisdiction in another state or
17has been determined to be the father under s. 767.804 or 767.805 or a substantially
18similar law of another state.
SB830,53 19Section 53 . 891.407 of the statutes is created to read:
SB830,25,23 20891.407 Presumption of paternity based on genetic test results. A man
21is presumed to be the natural father of a child if the man has been conclusively
22determined from genetic test results to be the father under s. 767.804 and no other
23man is presumed to be the father under s. 891.405 or 891.41 (1).
SB830,54 24Section 54 . 938.02 (13) of the statutes is amended to read:
SB830,26,18
1938.02 (13) “Parent" means a biological parent, a husband who has consented
2to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
3the juvenile is a nonmarital child who is not adopted or whose parents do not
4subsequently intermarry under s. 767.803, “parent" includes a person conclusively
5determined from genetic test results to be the father under s. 767.804 or a
person
6acknowledged under s. 767.805 or a substantially similar law of another state or
7adjudicated to be the biological father. “Parent" does not include any person whose
8parental rights have been terminated. For purposes of the application of s. 938.028
9and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
10biological parent, an Indian husband who has consented to the artificial
11insemination of his wife under s. 891.40, or an Indian person who has lawfully
12adopted an Indian juvenile, including an adoption under tribal law or custom, and
13includes, in the case of a nonmarital child who is not adopted or whose parents do
14not subsequently intermarry under s. 767.803, a person conclusively determined
15from genetic test results to be the father under s. 767.804,
a person acknowledged
16under s. 767.805, a substantially similar law of another state, or tribal law or custom
17to be the biological father, or a person adjudicated to be the biological father, but does
18not include any person whose parental rights have been terminated.
SB830,55 19Section 55 . 938.27 (5) of the statutes is amended to read:
SB830,27,220 938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall
21make reasonable efforts to identify and notify any person who has filed a declaration
22of paternal interest under s. 48.025, any person conclusively determined from
23genetic test results to be the father under s. 767.804 (1),
any person who has
24acknowledged paternity of the child under s. 767.805 (1), and any person who has

1been adjudged to be the father of the juvenile in a judicial proceeding unless the
2person's parental rights have been terminated.
SB830,56 3Section 56 . 938.396 (2g) (g) of the statutes is amended to read:
SB830,27,144 938.396 (2g) (g) Paternity of juvenile. Upon request of a court having
5jurisdiction over actions affecting the family, an attorney responsible for support
6enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
7IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
8subject of that proceeding to review or be provided with information from the records
9of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
10to the paternity of a juvenile for the purpose of determining the paternity of the
11juvenile or for the purpose of rebutting the presumption of paternity under s.
12891.405, 891.407, or 891.41, the court assigned to exercise jurisdiction under this
13chapter and ch. 48 shall open for inspection by the requester its records relating to
14the paternity of the juvenile or disclose to the requester those records.
SB830,57 15Section 57. Initial applicability.
SB830,27,1816 (1) Paternity determination or presumption based on genetic test results.
17The treatment of section 767.804 of the statutes first applies to genetic tests that are
18performed on the effective date of this subsection.
SB830,27,2219 (2) Genetic tests in paternity actions. The treatment of section 767.855 of the
20statutes, the renumbering and amendment of section 767.84 (1) (a) of the statutes,
21and the creation of section 767.84 (1) (a) 1., 2., and 3. of the statutes first apply to
22paternity actions commenced on the effective date of this subsection.
SB830,58 23Section 58 . Effective dates.
SB830,28,2
1(1) This act takes effect on the first day of the 6th month beginning after
2publication.
SB830,28,33 (End)
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