SB464,118,16
11(ac) Probable cause of sexual intercourse
during a possible time of that may
12have resulted in conception
of the child for the purposes of par. (a) may be established
13by a sufficient petition or affidavit of the
child's mother person who gave birth to the
14child or an alleged
father parent, filed with the court, or after an examination under
15oath of a party or witness, when the court determines that an examination is
16necessary.
SB464,118,18
17(am) The court is not required to order a genetic test under
this paragraph par.
18(a) with respect to any of the following:
SB464,266
19Section 266
. 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1)
20(am) 1. and 2.
SB464,267
21Section
267. 767.84 (1) (a) 2m. of the statutes is created to read:
SB464,118,2222
767.84
(1) (a) 2m. The person who gave birth to the child.
SB464,268
23Section 268
. 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3.
24and amended to read:
SB464,119,6
1767.84
(1) (am) 3. a. Except as provided in subd. 3. b., a
male respondent who
2fails to appear, if genetic test results with respect to another
man person, other than
3the person who gave birth to the child, show that the other
man person is not
4excluded as the
father parent and that the statistical probability of the other
man's 5person's parentage is 99.0 percent or higher creating a presumption of the other
6man's paternity person's parentage.
SB464,119,87
b. Subdivision 3. a. does not apply if the presumption of the other
man's 8paternity person's parentage is rebutted.
SB464,269
9Section 269
. 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:
SB464,119,1610
767.84
(1) (b) (intro.) The genetic tests shall be performed by an expert
11qualified as an examiner of genetic markers present on the cells of the specific body
12material to be used for the tests, appointed by the court. A report completed and
13certified by the court-appointed expert stating genetic test results and the statistical
14probability of the alleged
father's paternity
parent's parentage based upon the
15genetic tests is admissible as evidence without expert testimony and may be entered
16into the record at the trial or pretrial hearing if all of the following apply:
SB464,119,2117
2. At least 10 days before the trial or pretrial hearing, the department or county
18child support agency under s. 59.53 (5) notifies the alleged
father parent of the
19results of the genetic tests and that
he the alleged parent may object to the test
20results by submitting an objection in writing to the court no later than the day before
21the hearing.
SB464,270
22Section 270
. 767.84 (4) of the statutes is amended to read:
SB464,120,1323
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.
SB464,271
14Section 271
. 767.84 (6) of the statutes is amended to read:
SB464,120,2415
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.
SB464,272
25Section 272
. 767.85 (1) of the statutes is amended to read:
SB464,121,7
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.
SB464,273
8Section 273
. 767.855 of the statutes is amended to read:
SB464,121,21
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.
SB464,274
22Section 274
. 767.863 (1m) of the statutes is amended to read:
SB464,122,923
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.
SB464,275
10Section 275
. 767.863 (2) of the statutes is amended to read:
SB464,122,2111
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).
SB464,276
22Section 276
. 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
SB464,123,223
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.
SB464,123,53
(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.
SB464,123,76
(d) The statistical probability of the alleged
father's paternity parent's
7parentage based upon the genetic tests.
SB464,123,98
(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.
SB464,277
10Section 277
. 767.87 (1m) (intro.) of the statutes is amended to read:
SB464,123,1611
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:
SB464,278
17Section 278
. 767.87 (2) of the statutes is amended to read:
SB464,123,2118
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.
SB464,279
22Section 279
. 767.87 (3) of the statutes is amended to read:
SB464,124,423
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.
SB464,280
5Section
280. 767.87 (6) of the statutes is amended to read:
SB464,124,176
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.
SB464,124,2218
(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.
SB464,281
23Section 281
. 767.87 (9) of the statutes is amended to read:
SB464,125,224
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.
SB464,282
3Section 282
. 767.87 (10) of the statutes is amended to read:
SB464,125,74
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.
SB464,283
8Section 283
. 767.88 (2) (b) and (c) of the statutes are amended to read:
SB464,125,109
767.88
(2) (b) That the alleged
father parent voluntarily acknowledge
10paternity parentage of the child.
SB464,125,1411
(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.
SB464,284
15Section 284
. 767.883 (1) of the statutes is amended to read:
SB464,126,1216
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.
SB464,285
13Section 285
. 767.89 (2) (a) of the statutes is amended to read:
SB464,126,2114
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.
SB464,286
22Section 286
. 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b)
23and amended to read:
SB464,127,324
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
:.
SB464,287
4Section 287
. 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.
SB464,288
5Section 288
. 767.89 (3) (e) of the statutes is amended to read:
SB464,127,136
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.
SB464,127,1714
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.
SB464,289
18Section 289
. 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are
19amended to read:
SB464,128,220
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.
SB464,128,4
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.
SB464,128,85
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.
SB464,128,16
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.
SB464,290
17Section
290. 767.895 (intro.) of the statutes is amended to read:
SB464,128,22
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:
SB464,291
23Section 291
. 769.201 (1m) (g) of the statutes is amended to read:
SB464,129,224
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.
SB464,292
3Section 292
. 769.316 (4) of the statutes is amended to read:
SB464,129,104
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.
SB464,293
11Section 293
. 769.316 (9) of the statutes is amended to read:
SB464,129,1412
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.
SB464,294
15Section 294
. 769.401 (2) (a) of the statutes is amended to read:
SB464,129,1616
769.401
(2) (a) A
parent or presumed
father parent of the child.
SB464,295
17Section 295
. 769.401 (2) (g) of the statutes is repealed.
SB464,296
18Section 296
. 770.07 (2) of the statutes is amended to read:
SB464,130,219
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.
SB464,297
3Section 297
. 786.36 (1) (c) of the statutes is amended to read:
SB464,130,74
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.
SB464,298
8Section
298. 808.075 (4) (a) 4. of the statutes is amended to read:
SB464,130,109
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.
SB464,299
11Section 299
. 815.20 (1) of the statutes is amended to read:
SB464,130,2412
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.
SB464,300
25Section 300
. 822.40 (4) of the statutes is amended to read:
SB464,131,4
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.
SB464,301
5Section 301
. 851.30 (2) (a) of the statutes is amended to read:
SB464,131,106
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.
SB464,302
11Section
302. 852.01 (1) (d) of the statutes is amended to read:
SB464,131,1412
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.
SB464,303
15Section 303
. 852.01 (1) (f) 1. of the statutes is amended to read:
SB464,131,1916
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.
SB464,304
20Section 304
. 852.01 (1) (f) 2. of the statutes is amended to read:
SB464,131,2221
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.
SB464,305
23Section 305
. 852.01 (1) (f) 3. of the statutes is amended to read: