69.14(2)(b)8.
8. On any birth record 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.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(2)(c)
(c) This subsection does not apply to a child who was adopted under the circumstances described in s.
48.97 (2).
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 record for the infant within 5 days after assuming custody and shall file the birth record 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 record where information on the attendant at birth is required.
69.14(3)(c)
(c) If at any time after a birth record is filed for a registrant under this subsection a birth 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 record 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 Wis. 2d 178,
502 N.W.2d 156 (Ct. App. 1993).
69.14 Annotation
Enforcement of surrogacy agreements promotes stability and permanence in family relationships because it allows the intended parents to plan for the arrival of their child, reinforces the expectations of all parties to the agreement, and reduces contentious litigation. The surrogacy agreement in this case was enforceable except for the portions of the agreement requiring a voluntary termination of parental rights (TPR). The TPR provisions did not comply with the procedural safeguards set forth in s. 48.41 for a voluntary TPR because the biological mother would not consent to the TPR and there was no legal basis for involuntary termination. The TPR provisions were severable. Rosecky v. Schissel,
2013 WI 66,
349 Wis. 2d 84,
833 N.W.2d 634,
11-2166.
69.14 Annotation
Arkansas state law generally required the name of the mother's male spouse to appear on the child's birth certificate, regardless of his biological relationship to the child, but did not require that birth certificates include the female spouses of women who gave birth in the state. That differential treatment infringed the commitment of
Obergefell, 576 U.S. ___,
135 S. Ct. 2584, to provide same-sex couples the constellation of benefits that the states have linked to marriage. Under
Obergefell, a state may not exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Pavan v. Smith, 582 U.S. ___,
137 S. Ct. 2075,
198 L. Ed. 2d 636 (2017). See also Torres v. Seemeyer,
207 F. Supp. 3d 905 (2016).
69.14 Annotation
Wisconsin's Undeveloped Surrogacy Law. Walsh. Wis. Law. March 2012.
69.145
69.145
Certificate of birth resulting in stillbirth. 69.145(1)(1)
Information about preparation. If a birth that occurs in this state on or after August 1, 2004, results in a stillbirth for which a fetal death report is required under s.
69.18 (1) (e) 1., the party responsible for filing the fetal death report under s.
69.18 (1) (e) 1. shall advise the parent or parents of the stillbirth of all of the following:
69.145(1)(a)
(a) That they may request preparation of a certificate of birth resulting in stillbirth.
69.145(1)(b)
(b) That preparation of the certificate is optional.
69.145(1)(c)
(c) How to obtain a certified copy of the certificate if one is requested and prepared.
69.145(2)(a)
(a) If the parent or parents of the stillbirth, after being advised as provided in sub.
(1), wish to have a certificate 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 with the state registrar.
69.145(2)(b)
(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 of birth resulting in stillbirth shall leave blank any reference to the name of the stillbirth.
69.145(2)(c)
(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 in time to permit the filing of the certificate within 5 days after delivery.
69.145(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 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 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 of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.
69.145(4)
(4) General responsibilities of state registrar. The state registrar shall do all of the following:
69.145(4)(a)
(a) Prescribe the form of, and information to be included on, a certificate of birth resulting in stillbirth, which shall be as similar as possible to the form of and information included on a certificate of birth.
69.145(4)(b)
(b) Issue a certified copy of a certificate of birth resulting in stillbirth to a parent of the stillbirth that is the subject of the certificate if all of the following conditions are satisfied:
69.145(4)(b)1.
1. A certificate of birth resulting in stillbirth has been prepared and filed under sub.
(2) or
(3).
69.145(4)(b)2.
2. The parent requesting a certified copy of the certificate submits the request in writing.
69.145 History
History: 2003 a. 300.
69.15
69.15
Changes of fact on birth records. 69.15(1)(1)
Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth 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:
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 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 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.
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 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 record be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth record registered for the subject of the adoption. The new record shall show:
69.15(2)(a)2.
2. The date and place of birth as transcribed from the original record. The date and place on the original record 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 record.
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 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 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.
69.15(2)(c)
(c) If the state registrar determines that the registrant of a birth record was adopted without a change in the registrant's birth 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 record for the registrant.
69.15(2)(d)1.1. A court shall order the state registrar to prepare for the subject of a birth record a new birth record based on the information on the subject's original birth record if all of the following circumstances apply:
69.15(2)(d)1.a.
a. The subject of the birth record petitions the court for a new birth record.
69.15(2)(d)1.b.
b. The subject is an adult who was the subject of an adoption.
69.15(2)(d)1.c.
c. The subject did not have the opportunity under par.
(a), at the time of the adoption, to request that no new birth record be prepared.
69.15(2)(d)1.d.
d. The subject knows the identity of each birth parent who is named on his or her original birth record.
69.15(2)(d)1.e.
e. Each birth parent who is alive and who is named on the subject's original birth record does not object to the restoration of the information on the subject's original birth record.
69.15(2)(d)2.
2. If the court grants an order under subd.
1., the state registrar shall prepare under sub.
(6) a new birth record using all of the information contained on the original birth record, except for the adoptee's given name at birth, if different.
69.15(2)(d)3.
3. After preparing a new birth record under subd.
2., the state registrar shall follow the procedure under sub.
(6) (b) to impound all other birth records of the subject except the subject's new birth record.
69.15(2)(e)
(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 issued by the state registrar.
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 record 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 record omitting the father's name if the order determines that the man whose name appears on a registrant's birth record 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 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 record.
69.15(3)(a)3.
3. Except as provided under subd.
4., insert the name of the adjudicated father on the original birth record if the name of the father was omitted on the original record.
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 record prepared under subd.
1. or
2. or on the original birth 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 record under sub.
(6).
69.15(3)(b)1.1. Except as provided under par.
(c), if the state registrar receives a statement acknowledging paternity 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 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 record as the father if the name of the father was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s.
767.813 (5g).
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.
767.803 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 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 record to show that the acknowledgement is on file. The 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 acknowledgment the information in s.
767.805 and the items in s.
767.813 (5g).
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 record, the state registrar shall enter the name indicated on the birth record 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 record under par.
(b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new record under sub.
(6).
69.15(3)(d)
(d) The method prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant's parents be provided.
69.15(3m)
(3m) Rescission of statement acknowledging paternity. 69.15(3m)(a)(a) A statement acknowledging paternity that is filed with the state registrar under sub.
(3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:
69.15(3m)(a)1.
1. The statement was signed and filed on or after April 1, 1998.
69.15(3m)(a)2.
2. The person rescinding the statement files with the state registrar a rescission in the method prescribed by the state registrar.
69.15(3m)(a)3.
3. The person rescinding the statement files 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.
69.15(3m)(b)
(b) If the state registrar, within the time required under par.
(a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s.
69.22, the state registrar shall prepare under sub.
(6) a new record omitting the father's name if it was inserted under sub.
(3) (b).
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 record.
69.15(4)(b)
(b) Any person with a direct and tangible interest in a birth record registered in this state may petition a court to change the name and sex of the registrant on the 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 record, except that if the court orders the state registrar to prepare a new record the state registrar shall prepare a new record under sub.
(6). This subsection does not apply to a name change prohibited under s.
301.47.
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 by the state registrar, in writing, in the manner prescribed by the state registrar.
