AB166: Bill Text

AB166,40 Section 40 . 767.82 (2m) of the statutes is amended to read:

AB166,22,21 767.82 (2m) Custody pending court order. If there is no presumption of paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother shall have sole legal custody of the child until the court orders otherwise.

AB166,41 Section 41. 767.84 (1) (a) of the statutes is renumbered 767.84 (1) (a) (intro.) and amended to read:

AB166,23,11 767.84 (1) (a) (intro.) The Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this paragraph unless a party requests additional tests under sub. (2). with respect to any of the following:

AB166,42 Section 42. 767.84 (1) (a) 1. of the statutes is created to read:

AB166,23,14 767.84 (1) (a) 1. A person who has undergone a genetic test under s. 49.225, unless a party requests additional tests under sub. (2).

AB166,43 Section 43. 767.84 (1) (a) 2. of the statutes is created to read:

AB166,23,17 767.84 (1) (a) 2. A deceased respondent if genetic material is not available without undue hardship as provided in s. 767.865 (2).

AB166,44 Section 44 . 767.84 (1) (a) 3. of the statutes is created to read:

AB166,23,23 767.84 (1) (a) 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man show that the other man is not excluded as the father and that the statistical probability of the other man's parentage is 99.0 percent or higher creating a presumption of the other man's paternity.

AB166,23,25 b. Subdivision 3. a. does not apply if the presumption of the other man's paternity is rebutted.

AB166,45 Section 45. 767.855 of the statutes is amended to read:

AB166,24,14 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or supplemental court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or supplemental court commissioner determines that a judicial determination of whether the a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.

AB166,46 Section 46 . 767.87 (8) of the statutes is amended to read:

AB166,24,19 767.87 (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, 891.407, or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB166,47 Section 47 . 769.201 (1m) (gm) of the statutes is created to read:

AB166,24,22 769.201 (1m) (gm) The individual was conclusively determined from genetic test results to be the father under s. 767.804.

AB166,48 Section 48. 802.12 (3) (d) 1. of the statutes is amended to read:

AB166,24,25 802.12 (3) (d) 1. Custody and physical placement under s. 767.41, 767.804 (3), 767.805 (4), 767.863 (3), or 767.89 (3).

AB166,49 Section 49. 802.12 (3) (d) 3. of the statutes is amended to read:

AB166,25,3 802.12 (3) (d) 3. Child support under s. 767.511, 767.804 (3), 767.805 (4), 767.863 (3), or 767.89 (3).

AB166,50 Section 50. 808.075 (4) (d) 9. of the statutes is amended to read:

AB166,25,6 808.075 (4) (d) 9. Enforcement of payments under s. 767.77, 767.804 (3), 767.805 (4), or 767.89.

AB166,51 Section 51. 808.075 (4) (d) 10. of the statutes is amended to read:

AB166,25,9 808.075 (4) (d) 10. Enforcement of orders under s. 767.78, 767.804 (3), 767.805 (4), or 767.89.

AB166,52 Section 52 . 852.05 (2) of the statutes is amended to read:

AB166,25,16 852.05 (2) Property of a child born to unmarried parents passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father under s. 767.804 or 767.805 or a substantially similar law of another state.

AB166,53 Section 53 . 891.407 of the statutes is created to read:

AB166,25,21 891.407 Presumption of paternity based on genetic test results. A man is presumed to be the natural father of a child if the man has been conclusively determined from genetic test results to be the father under s. 767.804 and no other man is presumed to be the father under s. 891.405 or 891.41 (1).

AB166,54 Section 54 . 938.02 (13) of the statutes is amended to read:

AB166,26,15 938.02 (13) “Parent" means a biological 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 conclusively determined from genetic test results to be the father under s. 767.804 or 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 parent, an Indian husband who has consented to the artificial insemination of his wife 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 child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, 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.

AB166,55 Section 55 . 938.27 (5) of the statutes is amended to read:

AB166,26,23 938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity of the child under s. 767.805 (1), and any person who has been adjudged to be the father of the juvenile in a judicial proceeding unless the person's parental rights have been terminated.

AB166,56 Section 56 . 938.396 (2g) (g) of the statutes is amended to read:

AB166,27,11 938.396 (2g) (g) Paternity 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 of a juvenile for the purpose of determining the paternity of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405, 891.407, or 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 of the juvenile or disclose to the requester those records.

AB166,57 Section 57. Initial applicability.

AB166,27,15 (1) Paternity determination or presumption based on genetic test results. The treatment of s. 767.804 first applies to genetic tests that are performed on the effective date of this subsection.

AB166,27,19 (2) Genetic tests in paternity actions. The treatment of s. 767.855, the renumbering and amendment of s. 767.84 (1) (a), and the creation of s. 767.84 (1) (a) 1., 2., and 3. first apply to paternity actions commenced on the effective date of this subsection.

AB166,58 Section 58 . Effective dates.

AB166,27,22 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB166,27,23 (End)