AB484,318
21Section 318
. 891.41 (1) (a) of the statutes is amended to read:
AB484,136,2522
891.41
(1) (a)
He The person and the
child's natural mother person who gave
23birth to the child are or have been married to each other and the child is conceived
24or born after marriage and before the granting of a decree of legal separation,
25annulment
, or divorce between the parties.
AB484,319
1Section
319. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
2and amended to read:
AB484,137,73
891.41
(1) (b) (intro.)
He
The person and the
child's natural mother
person who
4gave birth to the child were married to each other after the child was born but
he the
5person and the
child's natural mother person who gave birth to the child had a
6relationship with one another during the period of time within which the child was
7conceived and
no other man all of the following apply:
AB484,137,8
81. No person has been adjudicated to be the
father or other parent.
AB484,137,10
92. No other person is presumed to be the
father parent of the child under par.
10(a).
AB484,320
11Section 320
. 891.41 (2) of the statutes is amended to read:
AB484,137,1812
891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
13rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
14man person other than the
man person presumed to be the
father natural parent 15under sub. (1) is not excluded as the
father
parent of the child and that the statistical
16probability of the
man's person's parentage is 99.0 percent or higher, even if the
man 17person presumed to be the
father
natural parent under sub. (1) is unavailable to
18submit to genetic tests, as defined in s. 767.001 (1m).
AB484,321
19Section 321
. 891.41 (3) of the statutes is created to read:
AB484,137,2120
891.41
(3) This section applies with respect to children born before, on, or after
21the effective date of this subsection .... [LRB inserts date].
AB484,322
22Section 322
. 905.04 (4) (e) 3. of the statutes is amended to read:
AB484,138,523
905.04
(4) (e) 3. There is no privilege in situations where the examination of
24the
expectant mother of person pregnant with an abused unborn child creates a
25reasonable ground for an opinion of the physician, registered nurse, chiropractor,
1psychologist, social worker, marriage and family therapist or professional counselor
2that the physical injury inflicted on the unborn child was caused by the habitual lack
3of self-control of the
expectant mother of person pregnant with the unborn child in
4the use of alcohol beverages, controlled substances or controlled substance analogs,
5exhibited to a severe degree.
AB484,323
6Section 323
. 905.05 (title) of the statutes is amended to read:
AB484,138,7
7905.05 (title)
Husband-wife Spousal and domestic partner privilege.
AB484,324
8Section
324. 938.02 (5s) of the statutes is created to read:
AB484,138,99
938.02
(5s) “Expectant parent” means a person who is pregnant.
AB484,325
10Section 325
. 938.02 (13) of the statutes is amended to read:
AB484,139,511
938.02
(13) “Parent" means a
biological natural parent
, a husband who has
12consented to the artificial insemination of his wife under s. 891.40, or a parent by
13adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
14do not subsequently intermarry under s. 767.803, “parent" includes a person
15conclusively determined from genetic test results to be the
father parent under s.
16767.804 or a person acknowledged under s. 767.805 or a substantially similar law of
17another state or adjudicated to be the
biological father natural parent. “Parent" does
18not include any person whose parental rights have been terminated. For purposes
19of the application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC
201901 to
1963, “parent" means a
biological
natural parent
of an Indian child, an Indian
21husband spouse who has consented to the artificial insemination of his
wife or her
22spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian
23juvenile, including an adoption under tribal law or custom, and includes, in the case
24of a nonmarital
Indian child who is not adopted or whose parents do not subsequently
25intermarry under s. 767.803, a person conclusively determined from genetic test
1results to be the
father parent under s. 767.804, a person acknowledged under s.
2767.805, a substantially similar law of another state, or tribal law or custom to be the
3biological father natural parent, or a person adjudicated to be the
biological father 4natural parent, but does not include any person whose parental rights have been
5terminated.
AB484,326
6Section
326. 938.27 (3) (b) of the statutes is amended to read:
AB484,139,117
938.27
(3) (b) 1. Except as provided in subd. 2., if the petition that was filed
8relates to facts concerning a situation under s. 938.13 and if the juvenile is a
9nonmarital child who is not adopted or whose parents do not subsequently
10intermarry as provided under s. 767.803 and if
paternity parentage has not been
11established, the court shall notify, under s. 938.273, all of the following persons:
AB484,139,1312
a. A person who has filed a declaration of
paternal
parental interest under s.
1348.025.
AB484,139,1614
b. A person alleged to the court to be the
father
parent of the juvenile or who
15may, based on the statements of the
mother person who gave birth to the child or
16other information presented to the court, be the
father parent of the juvenile.
AB484,139,2117
2. A court is not required to provide notice, under subd. 1., to any person who
18may be the
father parent of a juvenile conceived as a result of a sexual assault if a
19physician attests to his or her belief that there was a sexual assault of the
juvenile's
20mother person who gave birth to the juvenile that may have resulted in the juvenile's
21conception.
AB484,327
22Section 327
. 938.27 (5) of the statutes is amended to read:
AB484,140,423
938.27
(5) Notice to biological fathers parents. Subject to sub. (3) (b), the
24court shall make reasonable efforts to identify and notify any person who has filed
25a declaration of
paternal parental interest under s. 48.025, any person conclusively
1determined from genetic test results to be the
father parent under s. 767.804 (1), any
2person who has acknowledged
paternity parentage of the child under s. 767.805 (1),
3and any person who has been adjudged to be the
father parent of the juvenile in a
4judicial proceeding unless the person's parental rights have been terminated.
AB484,328
5Section 328
. 938.299 (6) (intro.) of the statutes is amended to read:
AB484,140,106
938.299
(6) Establishment of
paternity when man alleges paternity
7parentage. (intro.) If a
man person who has been given notice under s. 938.27 (3)
8(b) 1. appears at any hearing for which
he the person received the notice, alleges
that
9he is the father to be the parent of the juvenile
, and
states that he wishes requests 10to establish the
paternity parentage of the juvenile, all of the following apply:
AB484,329
11Section 329
. 938.299 (6) (e) 1., 2., 3. and 4. of the statutes are amended to read:
AB484,140,1612
938.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
13genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
14cells of another body material for the purpose of determining the statistical
15probability that a
man person who is alleged to be a juvenile's
father parent is the
16juvenile's biological
father parent.
AB484,140,1917
2. The court shall, at the hearing, orally inform any
man person specified in
18sub. (6) (intro.) that
he the person may be required to pay for any testing ordered by
19the court under this paragraph or under s. 885.23.
AB484,141,720
3. In addition to ordering testing as provided under s. 885.23, if the court
21determines that it would be in the best interests of the juvenile, the court may order
22any
man person specified in sub. (6) (intro.) to submit to one or more genetic tests
23which shall be performed by an expert qualified as an examiner of genetic markers
24present on the cells and of the specific body material to be used for the tests, as
25appointed by the court. A report completed and certified by the court-appointed
1expert stating genetic test results and the statistical probability that the
man alleged
2to be the juvenile's father parent is the juvenile's biological
father parent based upon
3the genetic tests is admissible as evidence without expert testimony and may be
4entered into the record at any hearing. The court, upon request by a party, may order
5that independent tests be performed by other experts qualified as examiners of
6genetic markers present on the cells of the specific body materials to be used for the
7tests.
AB484,141,128
4. If the genetic tests show that an alleged
father
parent is not excluded and
9that the statistical probability that the alleged
father parent is the juvenile's
10biological
father parent is 99.0 percent or higher, the court may determine that for
11purposes of a proceeding under this chapter or ch. 48, other than a proceeding under
12subch. VIII of ch. 48, the
man alleged parent is the juvenile's biological parent.
AB484,330
13Section 330
. 938.299 (7) and (8) of the statutes are amended to read:
AB484,141,2214
938.299
(7) Establishment of
paternity parentage when no man person
15alleges paternity parentage. If a
man person who has been given notice under s.
16938.27 (3) (b) 1. appears at any hearing for which
he the person received the notice
17but does not allege
that he is the father to be the parent of the juvenile and
state that
18he wishes to establish the
paternity parentage of the juvenile or if no
man person to
19whom such notice was given appears at a hearing, the court may refer the matter to
20the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a)
21for a determination, under s. 767.80, of whether an action should be brought for the
22purpose of determining the
paternity parentage of the juvenile.
AB484,142,3
23(8) Testimony of juvenile's mother person who gave birth to a juvenile
24relating to paternity parentage. As part of the proceedings under this chapter, the
25court may order that a record be made of any testimony of the
juvenile's mother
1person who gave birth to the juvenile relating to the juvenile's
paternity parentage.
2A record made under this subsection is admissible in a proceeding to determine the
3juvenile's
paternity parentage under
subch. IX of ch. 767.
AB484,331
4Section 331
. 938.355 (4g) (a) 1. of the statutes is amended to read:
AB484,142,115
938.355
(4g) (a) 1. The juvenile's parents are parties to a pending action for
6divorce, annulment, or legal separation, a
man
person determined under s. 938.299
7(6) (e) 4. to be the biological
father parent of the juvenile for purposes of a proceeding
8under this chapter is a party to a pending action to determine
paternity parentage 9of the juvenile under ch. 767, or the juvenile is the subject of a pending independent
10action under s. 767.41 or 767.43 to determine legal custody of the juvenile or
11visitation rights with respect to the juvenile.
AB484,332
12Section
332. 939.24 (1) of the statutes is amended to read:
AB484,142,1913
939.24
(1) In this section, “criminal recklessness" means that the actor creates
14an unreasonable and substantial risk of death or great bodily harm to another
15human being and the actor is aware of that risk, except that for purposes of ss. 940.02
16(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness" means that the
17actor creates an unreasonable and substantial risk of death or great bodily harm to
18an unborn child, to the
woman person who is pregnant with that unborn child
, or to
19another and the actor is aware of that risk.
AB484,333
20Section
333. 939.25 (1) of the statutes is amended to read:
AB484,143,321
939.25
(1) In this section, “criminal negligence" means ordinary negligence to
22a high degree, consisting of conduct that the actor should realize creates a
23substantial and unreasonable risk of death or great bodily harm to another, except
24that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence"
25means ordinary negligence to a high degree, consisting of conduct that the actor
1should realize creates a substantial and unreasonable risk of death or great bodily
2harm to an unborn child, to the
woman person who is pregnant with that unborn
3child
, or to another.
AB484,334
4Section
334. 940.01 (1) (b) of the statutes is amended to read:
AB484,143,75
940.01
(1) (b) Except as provided in sub. (2), whoever causes the death of an
6unborn child with intent to kill that unborn child, kill the
woman person who is
7pregnant with that unborn child
, or kill another is guilty of a Class A felony.
AB484,335
8Section
335. 940.02 (1m) of the statutes is amended to read:
AB484,143,129
940.02
(1m) Whoever recklessly causes the death of an unborn child under
10circumstances that show utter disregard for the life of that unborn child, the
woman 11person who is pregnant with that unborn child
, or another is guilty of a Class B
12felony.
AB484,336
13Section 336
. 940.05 (2g) (intro.) of the statutes is amended to read:
AB484,143,1614
940.05
(2g) (intro.) Whoever causes the death of an unborn child with intent
15to kill that unborn child, kill the
woman person who is pregnant with that unborn
16child or kill another is guilty of a Class B felony if:
AB484,337
17Section
337. 940.05 (2h) of the statutes is amended to read:
AB484,143,2018
940.05
(2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
19that the defendant caused the death of an unborn child with intent to kill that unborn
20child, kill the
woman person who is pregnant with that unborn child
, or kill another.
AB484,338
21Section
338. 940.195 (1) of the statutes is amended to read:
AB484,143,2422
940.195
(1) Whoever causes bodily harm to an unborn child by an act done with
23intent to cause bodily harm to that unborn child, to the
woman person who is
24pregnant with that unborn child
, or another is guilty of a Class A misdemeanor.
AB484,339
25Section
339. 940.195 (2) of the statutes is amended to read:
AB484,144,3
1940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
2act done with intent to cause bodily harm to that unborn child, to the
woman person 3who is pregnant with that unborn child
, or another is guilty of a Class I felony.
AB484,340
4Section
340. 940.195 (4) of the statutes is amended to read:
AB484,144,75
940.195
(4) Whoever causes great bodily harm to an unborn child by an act
6done with intent to cause bodily harm to that unborn child, to the
woman person who
7is pregnant with that unborn child
, or another is guilty of a Class H felony.
AB484,341
8Section
341. 940.195 (5) of the statutes is amended to read:
AB484,144,129
940.195
(5) Whoever causes great bodily harm to an unborn child by an act
10done with intent to cause great bodily harm to that unborn child, to the
woman 11person who is pregnant with that unborn child
, or another is guilty of a Class E
12felony.
AB484,342
13Section
342. 940.23 (1) (b) of the statutes is amended to read:
AB484,144,1714
940.23
(1) (b) Whoever recklessly causes great bodily harm to an unborn child
15under circumstances that show utter disregard for the life of that unborn child, the
16woman person who is pregnant with that unborn child
, or another is guilty of a Class
17D felony.
AB484,343
18Section
343. 943.20 (2) (c) of the statutes is amended to read:
AB484,144,2119
943.20
(2) (c) “Property of another" includes property in which the actor is a
20co-owner and property of a partnership of which the actor is a member, unless the
21actor and the victim are
husband and wife married to each other.
AB484,344
22Section 344
. 943.201 (1) (b) 8. of the statutes is amended to read:
AB484,144,2423
943.201
(1) (b) 8. The
maiden name
surname of an individual's
mother parent
24before marriage if the surname was changed as a result of marriage.
AB484,345
25Section 345
. 943.205 (2) (b) of the statutes is amended to read:
AB484,145,3
1943.205
(2) (b) “Owner" includes a co-owner of the person charged and a
2partnership of which the person charged is a member, unless the person charged and
3the victim are
husband and wife married to each other.
AB484,346
4Section 346
. 944.17 (3) of the statutes is amended to read:
AB484,145,65
944.17
(3) Subsection (2) does not apply to a
mother's breast-feeding person's
6breastfeeding of
her that person's child.
AB484,347
7Section 347
. 944.20 (2) of the statutes is amended to read:
AB484,145,98
944.20
(2) Subsection (1) does not apply to a
mother's breast-feeding person's
9breastfeeding of
her that person's child.
AB484,348
10Section 348
. 948.10 (2) (b) of the statutes is amended to read:
AB484,145,1211
948.10
(2) (b) A
mother's breast-feeding person's breastfeeding of
her that
12person's child.
AB484,349
13Section 349
. 948.31 (2) of the statutes is amended to read:
AB484,145,2114
948.31
(2) Whoever causes a child to leave, takes a child away or withholds a
15child for more than 12 hours from the child's parents or, in the case of a nonmarital
16child whose parents do not subsequently intermarry under s. 767.803, from
the 17child's mother or, if he has been granted legal custody, the child's father a parent with
18legal custody of the child, without the consent of the parents
, the mother or the father 19or the parent with legal custody, is guilty of a Class I felony. This subsection is not
20applicable if legal custody has been granted by court order to the person taking or
21withholding the child.
AB484,350
22Section
350. 990.01 (19j) (b) of the statutes is amended to read:
AB484,146,423
990.01
(19j) (b) “Live birth" means the complete expulsion or extraction from
24his or her mother an individual, of a human being, at any stage of development, who,
25after the expulsion or extraction, breathes or has a beating heart, pulsation of the
1umbilical cord, or definite movement of voluntary muscles, regardless of whether the
2umbilical cord has been cut, and regardless of whether the expulsion or extraction
3occurs as a result of natural or induced labor, a cesarean section, or an abortion, as
4defined in s. 253.10 (2) (a).
AB484,351
5Section 351
. 990.01 (22m) of the statutes is created to read:
AB484,146,86
990.01
(22m) Natural parent. “Natural parent" means a parent of a child who
7is not an adoptive parent, whether the parent is biologically related to the child or
8not.
AB484,352
9Section 352
. 990.01 (39) of the statutes is created to read:
AB484,146,1110
990.01
(39) Spouses. “Spouses" means 2 individuals of the same sex or different
11sexes who are legally married to each other.
AB484,353
12Section 353
. 990.01 (40m) of the statutes is created to read:
AB484,146,1413
990.01
(40m) Stepparent. “Stepparent" means a person who is the spouse of
14a child's parent and who is not also a parent of the child.
AB484,354
15Section 354
.
Nonstatutory provisions.
AB484,146,1616
(1)
Terminology changes.
AB484,147,2517
(a) In the statutes indicated, replace “paternity” with “parentage”: ss. 13.63 (1)
18(b), 13.64 (2), 29.024 (2g) (d) 1., 29.229 (5m) (c), 45.01 (4), 46.03 (7) (bm), 48.235 (4)
19(a) 7m. and (4m) (a) 7m., 48.299 (6) (a), (d), and (e) 5., 48.355 (4g) (a) (intro.) and (d)
201., 48.396 (2) (dm), 48.40 (1r), 48.42 (2) (b) (intro.) and (bm) (intro.) and (4) (b) 2.,
2148.422 (6) (c), 48.423 (title), 48.46 (1m), 48.48 (11), 48.715 (6), 48.837 (4) (e), 48.91 (2),
2249.141 (1) (i) 2., 49.145 (2) (f) 1. a., 49.19 (4) (h) 1. a., 49.22 (title), (1), (7), and (7g) (a),
2349.463 (3) (title) and (b) 1. b. and 2. (intro.) and b. and (6), 49.48 (3), 49.79 (6q) (title)
24and (b) 1. b. and 2. (intro.) and b. and (6u) (title) and (a) 1., 49.83, 49.855 (6), 49.857
25(1) (f), 49.90 (2r) and (11), 59.40 (2) (p), 59.53 (5) (title) and (a), 69.15 (3) (d) and (3m)
1(a) (intro.), 93.135 (3), 102.17 (1) (cm), 103.275 (2) (bm), 103.34 (10) (b), 103.91 (4) (b),
2103.92 (6), 104.07 (5), 105.13 (2), 115.315, 118.19 (1r) (b), 138.09 (3) (am) 3. and (4)
3(b), 138.12 (4) (b) 6. and (5) (am) 1. c. and 2., 138.14 (5) (b) 3. and (9) (b), 165.85 (3)
4(cm) and (3m) (a), 169.34 (3) (a), 170.12 (8) (b) 1. c. and 2., 202.021 (4) (a) 7., 202.06
5(2) (e), 217.06 (6), 217.09 (1m), 218.0116 (1g) (a) and (1m) (a) 3. and (b), 218.02 (3) (e),
6(6) (b), and (9) (a) 2., 218.04 (4) (am) 3. and (5) (am), 218.05 (4) (c) 3., (11) (c), and (12)
7(am), 218.11 (6m) (a), 218.12 (3m) (a), 218.22 (3m) (a), 218.32 (3m) (a), 218.41 (3m)
8(a), 218.51 (4m) (a), 224.72 (7m) (c), 224.725 (6) (c), 224.77 (2m) (c), 224.95 (1) (c),
9250.041 (3), 256.17 (3), 299.08 (2), 341.51 (4m) (a), 343.345, 343.66 (2), 440.13 (2) (a)
10and (b), 551.412 (4g) (a) 3. and (b), 562.05 (5) (a) 9. and (8) (d), 563.28 (1), 628.097
11(1m), 628.10 (2) (c), 632.69 (2) (d) 1. and (4) (c), 633.14 (2m) (a), 633.15 (2) (c), 751.15
12(3), 757.675 (2) (g), 757.69 (1) (p) 3., 767.001 (1) (L), 767.01 (2), 767.041 (1) (b), 767.205
13(2) (a) (intro.) and 1. and (b) 2., 767.215 (5) (am), 767.35 (6) and (7), 767.401 (1) (b)
14and (2) (a) and (b), 767.407 (1) (c) and (d) and (4), 767.41 (1) (b) and (1m) (intro.),
15767.511 (1) (intro.), 767.513 (2), 767.521 (intro.), 767.77 (1), 767.80 (title) and (1)
16(intro.), 767.805 (title), (1), (1m), (2) (a), (3) (title) and (a), (4) (intro.), (5) (a), and (6)
17(a) (intro.), (b), and (c), 767.814, 767.815 (intro.), 767.82 (title), (1) (a), (2), (5), (6), and
18(8), 767.83 (2) and (3), 767.84 (title), 767.853 (intro.), (1) (intro.), (2), and (3) (a),
19767.863 (1) and (3), 767.865 (2), 767.87 (title), (1) (intro.) and (f), (2m), (4) (a), and (8),
20767.88 (title), (1), and (2) (intro.), 767.89 (title), (1), (3) (intro.) and (a), (3m) (a) and
21(b), and (4) (a) 1. c., 769.316 (10), 769.401 (2) (b) and (f), 803.01 (3) (b) 1., 814.61 (1)
22(c) 1. and (7) (c), 818.02 (6), 818.05, 822.02 (4), 852.05 (4), 885.06 (1) and (2), 885.10,
23891.39 (1) (b), 893.88, 895.01 (1) (am) 1., 895.4803, 905.04 (4) (g), 938.235 (4) (a) 7m.,
24938.299 (6) (a), (d), and (e) 5., 938.355 (4g) (a) (intro.) and (d) 1., 938.396 (2g) (g),
25948.22 (7) (b) 2. and (bm), 948.31 (1) (a) 1., 977.05 (4) (i) 7., and 977.08 (2) (h).
AB484,148,6
1(b) In the statutes indicated, replace “father,” “fathers," or “father's" with
2“parent,” “parents," or “parent's": ss. 48.025 (5) (a) (intro.), 48.42 (2) (b) 3. and (bm)
32., (2m) (a), and (4) (b) 3., 48.422 (6) (b), 48.432 (1) (am) 2. a., 48.837 (4) (e), 48.91 (2),
448.913 (1) (h), (4), and (7), 49.90 (11), 767.83 (2m), 767.84 (1) (b) 3. and (1m), 767.893
5(2) (a) and (b) (intro.), (2m) (c), and (3) (intro.), 769.201 (1m) (gm), and 769.401 (2) (c),
6(d), and (e).
AB484,149,107
(c) In the statutes indicated, replace “mother,” “mothers,” or “mother's” with
8“parent,” “parents,” or “parent's”: ss. 48.01 (1) (a), (am), (ap), (bm), (br), and (h), 48.02
9(1) (am) and (17m), 48.06 (1) (a) 3., 48.067 (1), (2), (3), (4), and (8), 48.069 (1) (a) and
10(c), 48.07 (4), 48.08 (1) and (3), 48.133, 48.135 (title), (1), and (2), 48.14 (5), 48.15,
1148.185 (1) (a) and (b), subch. IV (title) of ch. 48, 48.19 (1) (d) 8., 48.193 (title), (1)
12(intro.) and (d) 1., 2., and 3., and (2), 48.20 (4m), 48.203 (title), (1), (2), (3), (6) (b) and
13(c), and (7), 48.205 (title) and (2), 48.207 (title), (1m) (intro.), (a), (c), (d), and (e), and
14(2) (b), 48.21 (3) (title), (ag), and (b) and (7), 48.213 (title), (1) (a), (2), (3), (4), (4m),
15and (5), 48.217 (title), (1) (a), (b) 1. b., and (c) 3., (2) (a) (as affected by
2021 Wisconsin
16Act 42), and (2m) (a) and (b) 2., 48.23 (2m) (title), (a), and (c) and (4) (b), 48.235 (3)
17(b) 1. and (4m) (a) 3m., 48.24 (1m), (2) (a), (2m) (a) 6., and (5), 48.243 (1) (intro.), (3),
18and (4), 48.245 (1) (c) and (2) (a) 1., 2., 3., and 4. and (c), 48.25 (1), 48.255 (1m) (intro.),
19(b), (bm), (c), and (e), 48.263 (1), 48.27 (1), (3) (a) 1., (4) (b) 1., and (8), 48.275 (1) and
20(2) (a), (b), (c), and (cg) (intro.), 48.29 (1), 48.293 (2), 48.295 (1c), (1g), (2), and (3),
2148.297 (4) and (5), 48.299 (1) (b) and (4) (b), 48.30 (1), (3), (6) (a), (7), and (8) (a) and
22(c), 48.305, 48.31 (2), (4), and (7) (a), 48.315 (1) (a) and (f), 48.32 (1) (am), (2) (a) and
23(c), (3), (5) (intro.), and (6), 48.33 (1) (a), (b), (c), (d), and (f), 48.345 (3) (cm), 48.347
24(1), (2), (3) (intro.) and (a), (4) (a), and (5) (a) and (b), 48.35 (1) (b) (intro.) and 1., 48.355
25(2) (a), (b) 1., 1m., and 7., and (d), (2m), (5), and (7), 48.356 (2), 48.357 (title), (1) (a)
1and (am) 1. b. and 2. c., (2) (a) 1. (as affected by
2021 Wisconsin Act 42) and (b) 1. and
22., and (2m) (a) 1. (as affected by
2021 Wisconsin Act 42) and (b) 2., 48.36 (2), 48.361
3(2) (b) 1m. and (c), 48.362 (4) (a) and (c), 48.363 (1) (a) and (b), 48.365 (1m), (2), (2g)
4(a), (2m) (b), and (5) (a), 48.375 (2) (c), 48.396 (1), (1b), (1d), (2) (aj) and (ap), and (5)
5(b), (c), and (e), 48.415 (2) (a) 2. a. and b., 48.45 (1) (am) and (b) and (1r), 48.46 (1),
648.48 (1) and (17) (a) 1., 2., and 3., 48.52 (title), (1m) (intro) and (c), and (2) (a), 48.547
7(1) and (3) (intro.), 48.57 (1) (a), (b), (c), and (g), 48.59 (1) and (2), 48.625 (1m), 48.63
8(5) (b), 48.647 (1) (ag) (intro.), 48.78 (2) (aj) and (ap), 48.981 (3) (b) 2m., (bm) (intro.)
9and 2., (c) 2m. a. and b., 3., 5., 6m., and 7., and (d) 1., (4) (a) 4., and (7) (a) 3m., 4., and
105., 301.01 (2) (cm), and 938.34 (3) (cm).
AB484,150,311
(2)
Legislative intent. The legislature intends this act to harmonize the
12language of the Wisconsin statutes relating to marriage and the determination of
13parentage with the provision of s. 990.001 (2), which specifies that words importing
14one gender extend and may be applied to any gender. The legislature intends that
15by amending the statutes relating to marriage and the determination of parentage
16with respect to married couples to use gender-neutral language where appropriate
17so as to clarify that the same statutory rights and responsibilities apply between
18married persons of the same sex as between married persons of different sexes and
19to extend some of the presumptions of parentage to either parent, the Wisconsin
20statutes will be better aligned with the holding of the U.S. Supreme Court in
21Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that
22same-sex couples have a fundamental constitutional right to marriage. To the
23extent language remains in Wisconsin law referring to one gender after the effective
24date of this subsection, the rule of construction regarding gender under s. 990.001
25(2) remains applicable, and it is not the intent of the legislature, except to the extent
1necessary to conform to the requirements of federal law, to narrow to one gender the
2construction of any provision for which an application to any gender would be
3appropriate.