SB907,123,21 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the person who gave birth to the child, at the earliest possible of the following:

SB907,278 Section 278 . 767.87 (2) of the statutes is amended to read:

SB907,124,2 767.87 (2) Admissibility of sexual relations by mother person who gave birth. Testimony relating to sexual relations or possible sexual relations of the mother person who gave birth any time other than the possible time of conception of the child is inadmissible in evidence, unless offered by the mother person who gave birth.

SB907,279 Section 279 . 767.87 (3) of the statutes is amended to read:

SB907,124,10 767.87 (3) Evidence of identified male person not under jurisdiction. Except as provided in s. 767.84 (4), in an action against an alleged father parent, evidence offered by him the alleged parent with respect to an identified male person who is not subject to the jurisdiction of the court concerning that male's person's sexual intercourse with the mother person who gave birth at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father parent has undergone genetic tests and made the results available to the court.

SB907,280 Section 280. 767.87 (6) of the statutes is amended to read:

SB907,124,23 767.87 (6) When mother parent who gave birth not compelled to testify. (a) Whenever the state brings the action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of parent who gave birth to the child may not be compelled to testify about the paternity parentage of the child if it has been determined that the mother parent who gave birth to the child has good cause for refusing to cooperate in establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which that define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB907,125,3 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother person who gave birth may establish the paternity parentage of the child.

SB907,281 Section 281 . 767.87 (9) of the statutes is amended to read:

SB907,125,8 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of person who gave birth to 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.

SB907,282 Section 282 . 767.87 (10) of the statutes is amended to read:

SB907,125,13 767.87 (10) Record of mother's testimony admissible. A record of the testimony of the child's mother person who gave birth to the child relating to the child's paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is admissible in evidence on the issue of paternity parentage.

SB907,283 Section 283 . 767.88 (2) (b) and (c) of the statutes are amended to read:

SB907,125,16 767.88 (2) (b) That the alleged father parent voluntarily acknowledge paternity parentage of the child.

SB907,125,20 (c) If the alleged father parent voluntarily acknowledges paternity parentage of the child, that he the acknowledged parent agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.

SB907,284 Section 284 . 767.883 (1) of the statutes is amended to read:

SB907,126,18 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage 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 the person who gave birth was the lawful wife spouse of a specified male person, the prior issue of whether the husband was spouse is 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 person who gave birth 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 person who gave birth, 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.

SB907,285 Section 285 . 767.89 (2) (a) of the statutes is amended to read:

SB907,127,2 767.89 (2) (a) The clerk of court or county child support agency under s. 59.53 (5) shall file with the state registrar, within 30 days after the entry of a judgment or order determining paternity parentage, a report showing the names, dates, and birth places of the child and the father adjudicated parent, the social security numbers of the mother, father person who gave birth to the child, adjudicated parent, and child, and the maiden name of the mother full birth name of the person who gave birth to the child on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court or county child support agency shall collect.

SB907,286 Section 286 . 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b) and amended to read:

SB907,127,9 767.89 (2) (b) If, under par. (a), the clerk of court or county child support agency is unable to collect any of the following fees under par. (a) a fee for omitting, changing, or inserting a parent's name on a birth record under s. 69.15 (3) (a) 1., 2., or 3., the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:.

SB907,287 Section 287 . 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.

SB907,288 Section 288 . 767.89 (3) (e) of the statutes is amended to read:

SB907,127,19 767.89 (3) (e) 1. An order establishing the amount of the father's adjudicated parent's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth childbirth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's adjudicated parent's income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's adjudicated parent's ability to pay or contribute to those expenses.

SB907,127,23 2. If the order does not require periodic payments because the father adjudicated parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father adjudicated parent has the ability to pay at that time.

SB907,289 Section 289 . 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are amended to read:

SB907,128,7 767.893 (1m) Judgment when mother parent fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father parent, or male person alleging that he is the father to be the parent, to be the father parent of the child under s. 767.89 if the mother of person who gave birth to the child fails to appear at the first appearance, scheduled genetic test, pretrial hearing, or trial if sufficient evidence exists to establish the male person as the father parent of the child.

SB907,128,9 (2) (b) 1. Only one of those persons fails to appear and all of the other male respondents have been excluded as the father parent.

SB907,128,13 2. The alleged father parent who fails to appear has had genetic tests under s. 49.225 or 767.84 showing that the alleged father parent is not excluded and that the statistical probability of the alleged father's parent's parentage is 99.0 percent or higher.