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AB484,270 22Section 270 . 767.84 (4) of the statutes is amended to read:
AB484,120,1323 767.84 (4) Tests excluding paternity parentage; refusal to submit to test.
24Genetic test results excluding an alleged father parent as the father parent of the
25child are conclusive evidence of nonpaternity that the alleged parent is not the

1parent of the child
and the court shall dismiss any paternity parentage action with
2respect to that alleged father parent. Genetic test results excluding any male
3witness from possible paternity parentage are conclusive evidence of nonpaternity
4of the male
that the witness is not the parent of the child. Testimony relating to
5sexual intercourse or possible sexual intercourse of the mother with between the
6person who gave birth to the child and
any person excluded as a possible father
7parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party
8to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to
9a genetic test ordered by the court is a contempt of the court for failure to produce
10evidence under s. 767.87 (5). If the action was brought by the child's mother person
11who gave birth to the child
but she that person refuses to submit to a genetic test,
12or refuses
to submit herself or the child to a genetic tests test, the action shall be
13dismissed.
AB484,271 14Section 271 . 767.84 (6) of the statutes is amended to read:
AB484,120,2415 767.84 (6) Calling certain witnesses; notice. Any party calling a male witness
16for the purpose of testifying that he the witness had sexual intercourse with the
17mother at any possible time of person who gave birth to the child that may have
18resulted in
conception of the child shall provide all other parties with the name and
19address of the witness 20 days before the trial or pretrial hearing. If a male witness
20is produced at the hearing for the purpose stated in this subsection but the party
21calling the witness failed to provide the 20-day notice, the court may adjourn the
22proceeding for the purpose of taking a genetic test of the witness prior to hearing the
23testimony of the witness if the court finds that the party calling the witness acted in
24good faith.
AB484,272 25Section 272 . 767.85 (1) of the statutes is amended to read:
AB484,121,7
1767.85 (1) When required. At any time during the pendency of an action to
2establish the paternity parentage of a child, if genetic tests show that the alleged
3father person is not excluded and that the statistical probability of the alleged
4father's person's parentage is 99.0 percent or higher, on the motion of a party, the
5court shall make an appropriate temporary order for the payment of child support
6and may make a temporary order assigning responsibility for and directing the
7manner of payment of the child's health care expenses.
AB484,273 8Section 273 . 767.855 of the statutes is amended to read:
AB484,121,21 9767.855 Dismissal if adjudication not in child's best interest. Except as
10provided in s. 767.863 (1m), at any time in an action to establish the paternity
11parentage of a child, upon the motion of a party or guardian ad litem or the person
12who gave birth to the child if that person is not a party
, the court or supplemental
13court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court
14commissioner determines that a judicial determination of whether a male is the
15father of the child
parentage is not in the best interest of the child, dismiss the action
16with respect to the male alleged parent, regardless of whether genetic tests have
17been performed or what the results of the tests, if performed, were. Notwithstanding
18ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4),
19if genetic tests have not yet been performed with respect to the male alleged parent,
20the court or supplemental court commissioner is not required to order those genetic
21tests.
AB484,274 22Section 274 . 767.863 (1m) of the statutes is amended to read:
AB484,122,923 767.863 (1m) Paternity Parentage allegation by male person other than
24husband spouse; when determination not in best interest of child. In an action to
25establish the paternity parentage of a child who was born to a woman while she was

1married
couple during marriage, if a male person other than the woman's husband
2alleges that he, not the husband, is spouse of the person who gave birth claims to be
3the child's father parent, a party may allege that a judicial determination that a male
4person other than the husband is the father spouse of the person who gave birth is
5the parent
is not in the best interest of the child. If the court or a supplemental court
6commissioner under s. 757.675 (2) (g) determines that a judicial determination of
7whether a male person other than the husband is the father spouse of the person who
8gave birth is the parent
is not in the best interest of the child, no genetic tests may
9be ordered and the action shall be dismissed.
AB484,275 10Section 275 . 767.863 (2) of the statutes is amended to read:
AB484,122,2111 767.863 (2) Order for tests. If at the first appearance it appears from a
12sufficient petition or affidavit of the child's mother person who gave birth to the child
13or an alleged father parent of the child or from sworn testimony of the child's mother
14person who gave birth to the child or an alleged father parent of the child that there
15is probable cause to believe that any of the males persons named has had sexual
16intercourse with the mother person who gave birth to the child during a possible time
17of the child's conception, the court may, or upon the request of any party shall, order
18any of the named persons to submit to genetic tests. The tests shall be conducted in
19accordance with s. 767.84. The court is not required to order a person who has
20undergone a genetic test under s. 49.225 to submit to another genetic test under this
21subsection unless a party requests additional tests under s. 767.84 (2).
AB484,276 22Section 276 . 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
AB484,123,223 767.87 (1) (a) Evidence of sexual intercourse between the mother parent who
24gave birth
and alleged father parent at any possible time of conception or evidence

1of a relationship between the mother parent who gave birth and alleged father
2parent at any time.
AB484,123,53 (b) An expert's opinion concerning the statistical probability of the alleged
4father's paternity parent's parentage based upon the duration of the mother's
5pregnancy.
AB484,123,76 (d) The statistical probability of the alleged father's paternity parent's
7parentage
based upon the genetic tests.
AB484,123,98 (e) Medical, scientific, or genetic evidence relating to the alleged father's
9paternity
parent's parentage of the child based on tests performed by experts.
AB484,277 10Section 277 . 767.87 (1m) (intro.) of the statutes is amended to read:
AB484,123,1611 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
12the petitioner shall present a certified copy of the child's birth record or a printed copy
13of the record from the birth database of the state registrar to the court, so that the
14court is aware of whether a name has been inserted on the birth record as the father
15parent of the child other than the person who gave birth to the child, at the earliest
16possible of the following:
AB484,278 17Section 278 . 767.87 (2) of the statutes is amended to read:
AB484,123,2118 767.87 (2) Admissibility of sexual relations by mother person who gave birth.
19Testimony relating to sexual relations or possible sexual relations of the mother
20person who gave birth any time other than the possible time of conception of the child
21is inadmissible in evidence, unless offered by the mother person who gave birth.
AB484,279 22Section 279 . 767.87 (3) of the statutes is amended to read:
AB484,124,423 767.87 (3) Evidence of identified male person not under jurisdiction. Except
24as provided in s. 767.84 (4), in an action against an alleged father parent, evidence
25offered by him the alleged parent with respect to an identified male person who is

1not subject to the jurisdiction of the court concerning that male's person's sexual
2intercourse with the mother person who gave birth at or about the presumptive time
3of conception of the child is admissible in evidence only after the alleged father
4parent has undergone genetic tests and made the results available to the court.
AB484,280 5Section 280. 767.87 (6) of the statutes is amended to read:
AB484,124,176 767.87 (6) When mother parent who gave birth not compelled to testify. (a)
7Whenever the state brings the action to determine paternity parentage pursuant to
8an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or
949.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the
10natural mother of parent who gave birth to the child may not be compelled to testify
11about the paternity parentage of the child if it has been determined that the mother
12parent who gave birth to the child has good cause for refusing to cooperate in
13establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the
14federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
15pursuant to any rules promulgated by the department which that define good cause
16in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B)
17in effect on July 1, 1981.
AB484,124,2218 (b) Nothing in par. (a) prevents the state from bringing an action to determine
19paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)
202., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
21or 49.159, where evidence other than the testimony of the mother person who gave
22birth
may establish the paternity parentage of the child.
AB484,281 23Section 281 . 767.87 (9) of the statutes is amended to read:
AB484,125,224 767.87 (9) Artificial insemination; natural father parent . Where If a child
25is conceived by artificial insemination, the husband spouse of the mother of person

1who gave birth to
the child at the time of the conception of the child is the natural
2father parent of the child, as provided in s. 891.40.
AB484,282 3Section 282 . 767.87 (10) of the statutes is amended to read:
AB484,125,74 767.87 (10) Record of mother's testimony admissible. A record of the
5testimony of the child's mother person who gave birth to the child relating to the
6child's paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is
7admissible in evidence on the issue of paternity parentage.
AB484,283 8Section 283 . 767.88 (2) (b) and (c) of the statutes are amended to read:
AB484,125,109 767.88 (2) (b) That the alleged father parent voluntarily acknowledge
10paternity parentage of the child.
AB484,125,1411 (c) If the alleged father parent voluntarily acknowledges paternity parentage
12of the child, that he the acknowledged parent agree to the duty of support, the legal
13custody of the child, periods of physical placement of the child and other matters as
14determined to be in the best interests of the child by the court.
AB484,284 15Section 284 . 767.883 (1) of the statutes is amended to read:
AB484,126,1216 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
17dealing with the determination of paternity parentage and the 2nd part dealing with
18child support, legal custody, periods of physical placement, and related issues. The
19main issue at the first part shall be whether the alleged or presumed father parent
20is or is not the father parent of the mother's child, but if the child was born to the
21mother
while she the person who gave birth was the lawful wife spouse of a specified
22male person, the prior issue of whether the husband was spouse is not the father
23parent of the child shall be determined first, as provided under s. 891.39. The first
24part of the trial shall be by jury only if the defendant verbally requests a jury trial
25either at the initial appearance or pretrial hearing or requests a jury trial in writing

1prior to the pretrial hearing. The court may direct and, if requested by either party
2before the introduction of any testimony in the party's behalf, shall direct the jury
3to find a special verdict as to any of the issues specified in this section, except that
4the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the
5mother person who gave birth is dead, becomes insane, cannot be found within the
6jurisdiction, or fails to commence or pursue the action, the proceeding does not abate
7if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony
8of the mother person who gave birth, taken at the pretrial hearing, may in any such
9case be read in evidence if it is competent, relevant, and material. The issues of child
10support, custody and visitation, and related issues shall be determined by the court
11either immediately after the first part of the trial or at a later hearing before the
12court.
AB484,285 13Section 285 . 767.89 (2) (a) of the statutes is amended to read:
AB484,126,2114 767.89 (2) (a) The clerk of court or county child support agency under s. 59.53
15(5) shall file with the state registrar, within 30 days after the entry of a judgment or
16order determining paternity parentage, a report showing the names, dates, and birth
17places of the child and the father adjudicated parent, the social security numbers of
18the mother, father person who gave birth to the child, adjudicated parent, and child,
19and the maiden name of the mother full birth name of the person who gave birth to
20the child
on a form designated by the state registrar, along with the fee set forth in
21s. 69.22 (5), which the clerk of court or county child support agency shall collect.
AB484,286 22Section 286 . 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b)
23and amended to read:
AB484,127,324 767.89 (2) (b) If, under par. (a), the clerk of court or county child support agency
25is unable to collect any of the following fees under par. (a) a fee for omitting, changing,

1or inserting a parent's name on a birth record under s. 69.15 (3) (a) 1., 2., or 3.
, the
2department shall pay the fee and may not require the county or county child support
3agency to reimburse the department for the cost:.
AB484,287 4Section 287 . 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.
AB484,288 5Section 288 . 767.89 (3) (e) of the statutes is amended to read:
AB484,127,136 767.89 (3) (e) 1. An order establishing the amount of the father's adjudicated
7parent's
obligation to pay or contribute to the reasonable expenses of the mother's
8pregnancy and the child's birth childbirth. The amount established may not exceed
9one-half of the total actual and reasonable pregnancy and birth expenses. The order
10also shall specify the court's findings as to whether the father's adjudicated parent's
11income is at or below the poverty line established under 42 USC 9902 (2), and shall
12specify whether periodic payments are due on the obligation, based on the father's
13adjudicated parent's ability to pay or contribute to those expenses.
AB484,127,1714 2. If the order does not require periodic payments because the father
15adjudicated parent has no present ability to pay or contribute to the expenses, the
16court may modify the judgment or order at a later date to require periodic payments
17if the father adjudicated parent has the ability to pay at that time.
AB484,289 18Section 289 . 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are
19amended to read:
AB484,128,220 767.893 (1m) Judgment when mother parent fails to appear.
21Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father
22parent, or male person alleging that he is the father to be the parent, to be the father
23parent of the child under s. 767.89 if the mother of person who gave birth to the child
24fails to appear at the first appearance, scheduled genetic test, pretrial hearing, or

1trial if sufficient evidence exists to establish the male person as the father parent of
2the child.
AB484,128,4 3(2) (b) 1. Only one of those persons fails to appear and all of the other male
4respondents have been excluded as the father parent.
AB484,128,85 2. The alleged father parent who fails to appear has had genetic tests under s.
649.225 or 767.84 showing that the alleged father parent is not excluded and that the
7statistical probability of the alleged father's parent's parentage is 99.0 percent or
8higher.
AB484,128,16 9(2m) (a) At any time after service of the summons and petition, a respondent
10who is the alleged father parent may, with or without appearance in court and subject
11to the approval of the court, in writing acknowledge that he the alleged parent has
12read and understands the notice under s. 767.813 (5g) and stipulate that he is to
13being
the father parent of the child and for child support payments, legal custody, and
14physical placement. The court may not approve a stipulation for child support unless
15it provides for payment of child support determined in a manner consistent with s.
16767.511 or 767.89.
AB484,290 17Section 290. 767.895 (intro.) of the statutes is amended to read:
AB484,128,22 18767.895 Motion to reopen judgment based on statement
19acknowledging
paternity parentage. (intro.) A judgment which adjudicates a
20person to be the father parent of a child and which was based upon a statement
21acknowledging paternity parentage that was signed and filed before April 1, 1998,
22may, if no trial was conducted, be reopened under any of the following circumstances:
AB484,291 23Section 291 . 769.201 (1m) (g) of the statutes is amended to read:
AB484,129,224 769.201 (1m) (g) The individual asserted parentage of a child in a declaration
25of paternal parental interest filed with the department of children and families

1under s. 48.025 or in a statement acknowledging paternity parentage filed with the
2state registrar under s. 69.15 (3) (b) 1. or 3.
AB484,292 3Section 292 . 769.316 (4) of the statutes is amended to read:
AB484,129,104 769.316 (4) Copies of bills for testing for parentage of a child, or for prenatal
5and postnatal health care of the mother person who gave birth and the child, or copies
6of reports of medical assistance payments under subch. IV of ch. 49 for such testing
7or prenatal and postnatal health care, furnished to the adverse party at least 10 days
8before trial, are admissible in evidence to prove the amount of the charges billed or
9the amount of the medical assistance paid and that the charges or payments were
10reasonable, necessary, and customary.
AB484,293 11Section 293 . 769.316 (9) of the statutes is amended to read:
AB484,129,1412 769.316 (9) The defense of immunity based on the relationship of husband and
13wife
between spouses or parent and child does not apply in a proceeding under this
14chapter.
AB484,294 15Section 294 . 769.401 (2) (a) of the statutes is amended to read:
AB484,129,1616 769.401 (2) (a) A parent or presumed father parent of the child.
AB484,295 17Section 295 . 769.401 (2) (g) of the statutes is repealed.
AB484,296 18Section 296 . 770.07 (2) of the statutes is amended to read:
AB484,130,219 770.07 (2) If sub. (1) and s. 770.05 are complied with, the county clerk shall
20issue a declaration of domestic partnership. With each declaration of domestic
21partnership the county clerk shall provide information describing the causes and
22effects of fetal alcohol syndrome and the dangers to a fetus from the mother's use of
23cocaine or other drugs by the pregnant person during pregnancy. After the
24application for the declaration of domestic partnership is filed, the clerk shall, upon
25the sworn statement of either of the applicants, correct any erroneous, false, or

1insufficient statement in the application that comes to the clerk's attention and shall
2notify the other applicant of the correction, as soon as reasonably possible.
AB484,297 3Section 297 . 786.36 (1) (c) of the statutes is amended to read:
AB484,130,74 786.36 (1) (c) The minor's mother the person who gave birth to the minor, if the
5minor is a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.803 and if paternity parentage of the minor has not been
7established.
AB484,298 8Section 298. 808.075 (4) (a) 4. of the statutes is amended to read:
AB484,130,109 808.075 (4) (a) 4. Hearing for child held in custody under s. 48.21 or an adult
10expectant mother parent of an unborn child held in custody under s. 48.213.
AB484,299 11Section 299 . 815.20 (1) of the statutes is amended to read:
AB484,130,2412 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
13resident owner and occupied by him or her shall be exempt from execution, from the
14lien of every judgment, and from liability for the debts of the owner to the amount
15of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and
16taxes, and except as otherwise provided. The exemption shall not be impaired by
17temporary removal with the intention to reoccupy the premises as a homestead nor
18by the sale of the homestead, but shall extend to the proceeds derived from the sale
19to an amount not exceeding $75,000, while held, with the intention to procure
20another homestead with the proceeds, for 2 years. The exemption extends to land
21owned by husband and wife spouses jointly or in common or as marital property, and
22each spouse may claim a homestead exemption of not more than $75,000. The
23exemption extends to the interest therein of tenants in common, having a homestead
24thereon with the consent of the cotenants, and to any estate less than a fee.
AB484,300 25Section 300 . 822.40 (4) of the statutes is amended to read:
AB484,131,4
1822.40 (4) A privilege against disclosure of communications between spouses
2and a defense of immunity based on the relationship of husband and wife between
3spouses
or parent and child may not be invoked in a proceeding under this
4subchapter.
AB484,301 5Section 301 . 851.30 (2) (a) of the statutes is amended to read:
AB484,131,106 851.30 (2) (a) An individual who obtains or consents to a final decree or
7judgment of divorce from the decedent or an annulment of their marriage, if the
8decree or judgment is not recognized as valid in this state, unless they subsequently
9participate in a marriage ceremony purporting to marry each other or they
10subsequently hold themselves out as husband and wife married to each other.
AB484,302 11Section 302. 852.01 (1) (d) of the statutes is amended to read:
AB484,131,1412 852.01 (1) (d) If there is no surviving spouse, surviving domestic partner, issue,
13or parent, to the brothers and sisters siblings and the issue of any deceased brother
14or sister
sibling per stirpes.
AB484,303 15Section 303 . 852.01 (1) (f) 1. of the statutes is amended to read:
AB484,131,1916 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if
17both survive, or to the surviving maternal grandparent on that side; if both maternal
18grandparents on that side are deceased, to the issue of the maternal grandparents
19on that side or either of them, per stirpes.
AB484,304 20Section 304 . 852.01 (1) (f) 2. of the statutes is amended to read:
AB484,131,2221 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same
22manner as to the maternal relations under subd. 1.
AB484,305 23Section 305 . 852.01 (1) (f) 3. of the statutes is amended to read:
AB484,132,3
1852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving
2grandparent or issue of a grandparent, the entire estate to the decedent's relatives
3on the other side.
AB484,306 4Section 306 . 852.05 (1) and (2) of the statutes are amended to read:
AB484,132,95 852.05 (1) A child born to unmarried parents, or the child's issue, is treated in
6the same manner as a child, or the issue of a child, born to married parents with
7respect to intestate succession from and through the child's mother person who gave
8birth to the child
, and from and through the child's father other parent if any of the
9following applies to the person alleged to be the other parent of the child:
AB484,132,1210 (a) The father person has been adjudicated to be the father a parent of the child
11in a paternity parentage proceeding under ch. 767 or by final order or judgment of
12a court of competent jurisdiction in another state.
AB484,132,1413 (b) The father person has admitted in open court that he is the father to being
14the parent of the child
.
AB484,132,1615 (c) The father person has acknowledged himself to be the father parentage in
16writing signed by him the person.
AB484,132,23 17(2) Property of a child born to unmarried parents passes in accordance with s.
18852.01 except that the father or the father's kindred a parent who did not give birth
19to the child, or the kindred of such a parent,
can inherit only if the father the parent
20has been adjudicated to be the father parent of the child in a paternity parentage
21proceeding under ch. 767 or by final order or judgment of a court of competent
22jurisdiction in another state or has been determined to be the father parent under
23s. 767.804 or 767.805 or a substantially similar law of another state.
AB484,307 24Section 307 . 854.03 (3) of the statutes is amended to read:
AB484,133,7
1854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a
2husband and wife
2 spouses die leaving marital property and it is not established
3that one survived the other by at least 120 hours, 50 percent of the marital property
4shall be distributed as if it were the husband's the first spouse's individual property
5and the husband 2nd spouse had survived, and 50 percent of the marital property
6shall be distributed as if it were the wife's 2nd spouse's individual property and the
7wife first spouse had survived.
AB484,308 8Section 308 . 891.39 (title) of the statutes is amended to read:
AB484,133,10 9891.39 (title) Presumption as to whether a child is marital or
10nonmarital;
self-crimination self-incrimination; birth certificates.
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