SB566: Bill Text

SB566,66,3 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or the nonexistence of parentage presumed under s. 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

SB566,150 Section 150. 767.87 (9) of the statutes is amended to read:

SB566,66,8 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB566,151 Section 151. 767.883 (1) of the statutes is amended to read:

SB566,67,5 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

SB566,152 Section 152. 769.316 (9) of the statutes is amended to read:

SB566,67,9 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.

SB566,153 Section 153 . 769.401 (2) (a) of the statutes is amended to read:

SB566,67,11 769.401 (2) (a) A parent or presumed father parent of the child.

SB566,154 Section 154 . 769.401 (2) (g) of the statutes is repealed.

SB566,155 Section 155. 815.20 (1) of the statutes is amended to read:

SB566,68,2 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

SB566,156 Section 156. 822.40 (4) of the statutes is amended to read:

SB566,68,7 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

SB566,157 Section 157. 851.30 (2) (a) of the statutes is amended to read:

SB566,68,13 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

SB566,158 Section 158 . 852.01 (1) (f) 1. of the statutes is amended to read:

SB566,68,18 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

SB566,159 Section 159 . 852.01 (1) (f) 2. of the statutes is amended to read:

SB566,68,21 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

SB566,160 Section 160 . 852.01 (1) (f) 3. of the statutes is amended to read:

SB566,68,25 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

SB566,161 Section 161. 854.03 (3) of the statutes is amended to read:

SB566,69,8 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband's the first spouse's individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

SB566,162 Section 162 . 891.39 (title) of the statutes is amended to read:

SB566,69,11 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

SB566,163 Section 163 . 891.39 (1) (a) of the statutes is amended to read:

SB566,70,2 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB566,164 Section 164 . 891.39 (1) (b) of the statutes is amended to read:

SB566,70,11 891.39 (1) (b) In actions affecting the family , in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB566,165 Section 165 . 891.39 (3) of the statutes is amended to read:

SB566,70,19 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

SB566,166 Section 166 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

SB566,71,3 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse's consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife. The by the inseminated person.

SB566,71,10 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband's spouse's consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

SB566,71,12 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

SB566,71,14 3. Notwithstanding subd. 1., the physician's or spouses' failure to file the consent form does not affect the legal status of father natural parent and child.

SB566,71,18 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

SB566,167 Section 167 . 891.40 (1) (b) of the statutes is created to read:

SB566,71,21 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

SB566,71,23 1. The artificial insemination takes place under the supervision of a licensed physician.

SB566,71,24 2. The semen used for the insemination is obtained from a sperm bank.

SB566,168 Section 168 . 891.40 (2) of the statutes is amended to read:

SB566,72,4 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor's wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

SB566,169 Section 169 . 891.40 (3) of the statutes is created to read:

SB566,72,8 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

SB566,170 Section 170 . 891.405 of the statutes is amended to read:

SB566,72,14 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

SB566,171 Section 171 . 891.41 (title) of the statutes is amended to read:

SB566,72,17 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

SB566,172 Section 172 . 891.41 (1) (intro.) of the statutes is amended to read:

SB566,72,20 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

SB566,173 Section 173 . 891.41 (1) (a) of the statutes is amended to read:

SB566,72,25 891.41 (1) (a) He The person and the child's established natural mother parent are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

SB566,174 Section 174. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

SB566,73,7 891.41 (1) (b) (intro.) He The person and the child's established natural mother parent were married to each other after the child was born but he the person and the child's established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

SB566,73,8 1. No person has been adjudicated to be the father or.

SB566,73,10 2. No other person is presumed to be the father parent of the child under par. (a).

SB566,175 Section 175 . 891.41 (2) of the statutes is amended to read:

SB566,73,18 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB566,176 Section 176 . 891.41 (3) of the statutes is created to read:

SB566,73,21 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

SB566,177 Section 177. 905.05 (title) of the statutes is amended to read:

SB566,73,23 905.05 (title) Husband-wife Spousal and domestic partner privilege.

SB566,178 Section 178. 938.02 (13) of the statutes is amended to read:

SB566,74,17 938.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, 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. 767.803, “parent" includes a person acknowledged under s. 767.805 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. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father or a person adjudicated to be the biological father, but does not include any person whose parental rights have been terminated.

SB566,179 Section 179 . 938.396 (2g) (g) of the statutes is amended to read:

SB566,75,5 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity parentage of a juvenile for the purpose of determining the paternity parentage of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity parentage of the juvenile or disclose to the requester those records.

SB566,180 Section 180. 943.20 (2) (c) of the statutes is amended to read:

SB566,75,9 943.20 (2) (c) “Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

SB566,181 Section 181 . 943.201 (1) (b) 8. of the statutes is amended to read:

SB566,75,12 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent before marriage if the surname was changed as a result of marriage.

SB566,182 Section 182. 943.205 (2) (b) of the statutes is amended to read:

SB566,75,16 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

SB566,183 Section 183 . 990.01 (22m) of the statutes is created to read:

SB566,75,20 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

SB566,184 Section 184. 990.01 (39) of the statutes is created to read:

SB566,75,23 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

SB566,185 Section 185. 990.01 (40m) of the statutes is created to read:

SB566,76,2 990.01 (40m) Stepparent. “ Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

SB566,186 Section 186 . Nonstatutory provisions.

SB566,76,15 (1) Legislative intent. The legislature intends this act to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of paternity to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage.

SB566,76,16 (End)