69.14(2)(b)1.1. If more than 365 days have elapsed since the birth of a person born in this state and a certificate 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 for the person under this paragraph.
69.14(2)(b)2.
2. Any person requesting a birth certificate under this paragraph shall establish the following facts by evidence documented under
subd. 3.:
69.14(2)(b)2.a.
a. The full name of the registrant given after the time of birth.
69.14(2)(b)2.d.
d. The full name of the father, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under
s. 69.15 (3).
69.14(2)(b)3.a.a. As evidence of the name, date and place of birth of a registrant for whom a birth certificate is requested under this paragraph, the person requesting the birth certificate 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.
69.14(2)(b)3.b.
b. As evidence of the parents of a registrant for whom a birth certificate is requested under this paragraph, the person requesting the birth certificate shall present at least one document which is not an affidavit of personal knowledge.
69.14(2)(b)3.c.
c. No document presented under this subdivision may be from a source which is the same as the source for any other such document. Every such document shall be in the form of the original document, shall be a duly certified copy of the original or shall be a signed statement from the custodian of the document.
69.14(2)(b)3.d.
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 is requested under this paragraph or shall have been established before the registrant's 10th birthday.
69.14(2)(b)3.e.
e. Any affidavit of personal knowledge presented under this paragraph shall be prepared by a parent, other relative or person and shall be signed before an official authorized to administer oaths. Any person signing an affidavit under this subparagraph shall be at least 10 years older than the registrant and shall have personal knowledge of the facts of the registrant's birth.
69.14(2)(b)4.
4. If the registrant of a certificate 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 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, a person shall sign the certificate and swear to the accuracy of its facts as follows:
69.14(2)(b)4.d.
d. In the absence of any person under
subds. 4. a. to
c., any older person having personal knowledge of the facts of birth of the registrant.
69.14(2)(b)5.
5. The state registrar may deny a request for a birth certificate under this paragraph. If the state registrar approves a request for a birth certificate under this paragraph, he or she shall indicate plainly on the face of the certificate that the certificate has been registered under this paragraph and the date the certificate is registered and shall send a copy of the certificate to the local registrar under
s. 69.03 (11). The local registrar shall file the certificate.
69.14(2)(b)6.
6. If the state registrar denies a request for registration of a birth certificate 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 issue an order, on a form prescribed and furnished by the state registrar, to register a birth certificate for the person. The order shall include the birth date to be registered, a description of the evidence presented and the date of the court's action.
69.14(2)(b)7.
7. On any birth certificate 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:
69.14(2)(b)7.b.
b. The name and address of the affiant if the document is an affidavit of personal knowledge or the name and address of the custodian if the document is an original or certified copy of a record or a signed statement from a custodian.
69.14(2)(b)7.c.
c. If the document was previously filed, the date of the filing.
69.14(2)(b)8.
8. On any birth certificate registered under this paragraph, the state registrar or his or her designated representative shall certify by his or her signature that:
69.14(2)(b)8.a.
a. No other birth certificate is on file for the registrant.
69.14(2)(b)8.b.
b. The state registrar or his or her designated representative has reviewed the evidence submitted under
subd. 3.
69.14(2)(b)8.c.
c. The abstract under
subd. 7. accurately reflects the nature and content of the evidence submitted under
subd. 3.
69.14(3)
(3) Registration of foundlings. 69.14(3)(a)(a) Any person who assumes custody of a live born infant of unknown parentage shall file a birth certificate for the infant within 5 days after assuming custody and shall file the birth certificate with the following information:
69.14(3)(a)3.
3. The address of the place where the registrant was found.
69.14(3)(a)5.
5. The name given to the registrant by the filing party.
69.14(3)(a)6.
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 where information on the attendant at birth is required.
69.14(3)(b)
(b) A local registrar who accepts a birth certificate for filing under this subsection shall plainly mark "foundling" in the top margin of the certificate.
69.14(3)(c)
(c) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate 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 filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.
69.14 Annotation
Sub. (1) (f) 1. b. is not a gender-specific statute violating the right to equal protection. Marriage of Steinbach v. Gustafson, 177 W (2d) 178, 502 NW (2d) 156 (Ct. App. 1993).
69.15
69.15
Changes of fact on birth certificates. 69.15(1)
(1)
Birth certificate information changes. The state registrar may change information on a birth certificate registered in this state which was correct at the time the birth certificate 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:
69.15(1)(a)
(a) The order provides for an adoption, name change or name change with sex change or establishes paternity; and
69.15(1)(b)
(b) A clerk of court sends the state registrar a certified report of an order of a court in this state on a form supplied 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.
69.15(2)(a)(a) 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 for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under
s. 48.94, that no new certificate be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate registered for the subject of the adoption. The new certificate shall show:
69.15(2)(a)2.
2. The date and place of birth as transcribed from the original certificate. The date and place on the original certificate may not be changed by the court.
69.15(2)(a)3.
3. The names and personal information of the adoptive parents unless otherwise indicated by the court order.
69.15(2)(a)6.
6. Any other information necessary to complete the new certificate.
69.15(2)(b)
(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 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.
69.15(2)(c)
(c) If the state registrar determines that the registrant of a birth certificate was adopted without a change in the registrant's birth certificate 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 for the registrant.
69.15(3)(a)(a) 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 is not the father of the registrant, the state registrar shall do the following, as appropriate:
69.15(3)(a)1.
1. Prepare under
sub. (6) a new certificate omitting the father's name if the order determines that the man whose name appears on a registrant's birth certificate is not the father of the registrant and if there is no adjudicated father.
69.15(3)(a)2.
2. Prepare under
sub. (6) a new certificate 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.
69.15(3)(a)3.
3. Except as provided under
subd. 4., insert the name of the adjudicated father on the original birth certificate if the name of the father was omitted on the original certificate.
69.15(3)(a)4.
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 prepared under
subd. 1. or
2. or on the original birth certificate 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 under
sub. (6).
69.15(3)(b)1.1. Except as provided under
par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under
s. 767.60, a certified copy of the parents' marriage certificate 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 as the father if the name of the father was omitted on the original birth certificate. The state registrar shall include on the form for the acknowledgment a notice of the information in
s. 767.458 (1) (a) to
(e).
69.15(3)(b)2.
2. Except as provided under
par. (c), if the parent of a child determined to be a marital child under
s. 767.60 dies after his or her marriage and before the statement acknowledging paternity has been signed, the state registrar shall insert the name of the father under
subd. 1. upon receipt of a court order determining that the husband was the father of the child.
69.15(3)(b)3.
3. Except as provided under
par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, 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 to show that the form is on file. The form shall be available to the department of industry, labor and job development or its designee 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 a notice of the information in
ss. 767.458 (1) (a) to
(e) and
767.62.
69.15 Note
NOTE: Subd. 3. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
69.15(3)(b)4.
4. 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, the state registrar shall enter the name indicated on the birth certificate without a court order:
69.15(3)(b)4.b.
b. The father of the registrant if the father has legal custody of the registrant.
69.15(3)(b)4.c.
c. The parents of the registrant if they have married each other after the birth of the registrant.
69.15(3)(c)
(c) If the state registrar is required to enter a new surname or a new given name on a birth certificate under
par. (b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new certificate under
sub. (6).
69.15(4)(a)(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.
69.15(4)(b)
(b) Any person with a direct and tangible interest in a birth certificate registered in this state may petition a court to change the name and sex of the registrant on the certificate 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, except that if the court orders the state registrar to prepare a new certificate the state registrar shall prepare a new certificate under
sub. (6).
69.15(4)(c)
(c) A court may not order the state registrar to change any vital record due to a surgical sex-change procedure except as provided under this subsection.
69.15(4m)
(4m) Name change without court order. 69.15(4m)(a)(a) Unless either parent of a registrant is a party to an action under
ch. 767 involving the registrant and notwithstanding
sub. (3) (b) 4. and
s. 786.36, the name of a registrant born in this state may be changed once under this subsection without a court order if all of the following apply:
69.15(4m)(a)1.
1. The request for the change is received to the state registrar in writing, on a form approved by the state registrar.
69.15(4m)(a)2.
2. If a parent has sole legal custody of the registrant, the request for the change is signed by the parent who has legal custody.
69.15(4m)(a)3.
3. If both parents have legal custody of the registrant, the request for the change is signed by both parents.
69.15(4m)(a)4.
4. The request for the change is received within 365 calendar days after the day of birth of the registrant.
69.15(4m)(b)
(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. The state registrar is not required to issue a new birth certificate under this paragraph.
69.15(5)
(5) New certificate for a person without any certificate. If no birth certificate has been registered for any person who is more than 365 days old and who is entitled to a new certificate 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 for the individual under
s. 69.14 (2) (b) before preparing a new certificate under
sub. (6).
69.15(6)
(6) Preparation of new certificates. 69.15(6)(a)(a) The state registrar shall prepare a new birth certificate 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 and shall sign it. The state registrar shall type on the new certificate any other legible signature on the original certificate.
69.15(6)(b)
(b) The state registrar shall register a new certificate created under this section and shall impound the original certificate or the certificate 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 of any new certificate registered under this section to the local registrar who filed the original of the replaced certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.
69.15(6)(c)
(c) If the state registrar changes a birth certificate on file or registered under this section instead of preparing a new certificate, 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.
69.16
69.16
Marriage documents. 69.16(1)(1) The form, content, application for and registration of marriage documents shall be under
ch. 765.
