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SB464,79 19Section 79 . 48.415 (9) (a) and (b) of the statutes are amended to read:
SB464,38,220 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be
21established by proving that the child was conceived as a result of a sexual assault in
22violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
23as a result of sexual assault as specified in this paragraph may be proved by a final
24judgment of conviction or other evidence produced at a fact-finding hearing under
25s. 48.424 indicating that the person who may be the father parent of the child

1committed, during a possible time of conception, a sexual assault as specified in this
2paragraph against the mother of person who gave birth to the child.
SB464,38,63 (b) If the conviction or other evidence specified in par. (a) indicates that the
4child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2)
5or 948.085, the mother of person who gave birth to the child may be heard on her the
6person's
desire for the termination of the father's other parent's parental rights.
SB464,80 7Section 80. 48.42 (1g) of the statutes is amended to read:
SB464,38,178 48.42 (1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed
9by a person or agency other than the district attorney, corporation counsel, or other
10appropriate official under s. 48.09; if the petition seeks to terminate the parental
11rights of a person who may be the father parent of a nonmarital child who is under
12one year of age at the time the petition is filed, who is not adopted or whose parents
13do not subsequently intermarry under s. 767.803, and whose paternity parentage
14has not been established; and if the mother of person who gave birth to the child has
15voluntarily consented to or seeks to voluntarily consent to the termination of her
16parental rights to the child, the petitioner may file with the petition an affidavit
17signed by the mother person who gave birth that includes all of the following:
SB464,38,2018 1. A statement that the mother person who gave birth to the child has
19voluntarily consented to or seeks to voluntarily consent to the termination of her
20parental rights to the child.
SB464,38,2221 2. A statement acknowledging that the mother person who gave birth to the
22child
has been asked to identify the father other natural parent of the child.
SB464,38,2523 3. A statement that the mother person who gave birth to the child knows and
24is identifying the father other natural parent or that she the person who gave birth
25to the child
does not know the identity of the father other natural parent.
SB464,39,2
14. A statement identifying any man person who has lived in a familial
2relationship with the child and who may be the father natural parent of the child.
SB464,39,63 5. If the mother person who gave birth to the child states that she knows and
4is identifying
identifies the father other natural parent of the child under subd. 3.
5or 4., the father's other natural parent's name, age, and last-known mailing address,
6and the last-known mailing address of the father's other natural parent's employer.
SB464,39,107 6. If the mother person who gave birth to the child states that she does not know
8the identity of the father other natural parent of the child, an explanation of why she
9is unable to identify him
identification is not possible and a physical description of
10the father other natural parent of the child.
SB464,39,1511 7. A statement that the mother person who gave birth to the child has been
12informed and understands that if he or she misidentifies the father, other natural
13parent of the child, he or
she is permanently barred from attacking the termination
14of the father's or her either parent's parental rights on the basis that the father other
15natural parent of the child
was not correctly identified.
SB464,39,1916 8. A statement that the mother person who gave birth to the child understands
17that she may be prosecuted under s. 946.32 (2) for false swearing if she makes
18making a false statement that he or she does not believe is true in the affidavit under
19this paragraph may result in prosecution under s. 946.32 (2) for false swearing.
SB464,39,2420 9. A statement that the mother person who gave birth to the child has reviewed
21and understands the affidavit, the name of the person who explained the affidavit
22and the consequences of signing the affidavit to her the person who gave birth to the
23child
, and a statement that the mother person who gave birth to the child is signing
24the affidavit voluntarily.
SB464,40,9
1(b) The petitioner shall notify any man person identified in the affidavit under
2par. (a) as an alleged father parent of his the right to file a declaration of paternal
3parental interest under s. 48.025 before the birth of the child, within 14 days after
4the birth of the child, or within 21 days after the date on which the notice is mailed,
5whichever is later; of the birth date or anticipated birth date of the child; and of the
6consequences of filing or not filing a declaration of paternal parental interest. The
7petitioner shall include with the notice a copy of the form required to file a
8declaration of paternal parental interest under s. 48.025. The notice shall be sent
9by certified mail to the last-known address of the alleged father parent.
SB464,40,1110 (c) If an affidavit under par. (a) is not filed with the petition, notice shall be
11given to an alleged father parent under sub. (2).
SB464,81 12Section 81 . 48.42 (2) (b) 1. of the statutes is amended to read:
SB464,40,1513 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal
14parental interest under s. 48.025 before the birth of the child or within 14 days after
15the birth of the child.
SB464,82 16Section 82 . 48.42 (2) (b) 2. of the statutes is amended to read:
SB464,40,2117 48.42 (2) (b) 2. A Any person or persons alleged to the court to be the father
18parent of the child or who may, based upon the statements of the mother person who
19gave birth to the child
or other information presented to the court, be the father
20parent of the child unless that person has waived the right to notice under s. 48.41
21(2) (c).
SB464,83 22Section 83 . 48.42 (2) (bm) 1. of the statutes is amended to read:
SB464,41,223 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal
24parental interest under s. 48.025 before the birth of the child, within 14 days after

1the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
2whichever is later.
SB464,84 3Section 84 . 48.42 (2m) (b) of the statutes is amended to read:
SB464,41,164 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father
5parent of a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.803 and whose paternity parentage has not been
7established, by virtue of the fact that he the person has engaged in sexual intercourse
8with the mother of person who gave birth to the child, is considered to be on notice
9that a pregnancy and a termination of parental rights proceeding concerning the
10child may occur, and has the duty to protect his or her own rights and interests. He
11A person described in this paragraph is therefore entitled to actual notice of such a
12proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to
13notice under sub. (2) (b) or (bm) does not have standing to appear and contest a
14petition for the termination of his the person's parental rights, present evidence
15relevant to the issue of disposition, or make alternative dispositional
16recommendations.
SB464,85 17Section 85 . 48.42 (4) (b) 5. of the statutes is amended to read:
SB464,41,2118 48.42 (4) (b) 5. The notice shall not include the name of the mother person who
19gave birth to the child
unless the mother person who gave birth to the child consents.
20The notice shall not include the name of the child unless the court finds that inclusion
21of the child's name is essential to give effective notice to the father a parent.
SB464,86 22Section 86 . 48.422 (6) (a) of the statutes is amended to read:
SB464,42,723 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.803 and for whom paternity
25parentage has not been established, or for whom a declaration of paternal parental

1interest has not been filed under s. 48.025 within 14 days after the date of birth of
2the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the
3notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the
4paternity parentage of the child. Based on the testimony, the court shall determine
5whether all interested parties who are known have been notified under s. 48.42 (2)
6and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice
7to be given.
SB464,87 8Section 87 . 48.422 (7) (bm) of the statutes is amended to read:
SB464,43,29 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
10been identified. If a proposed adoptive parent of the child has been identified and
11the proposed adoptive parent is not a relative of the child, the court shall order the
12petitioner to submit a report to the court containing the information specified in s.
1348.913 (7). The court shall review the report to determine whether any payments or
14agreement to make payments set forth in the report are coercive to the birth parent
15of the child or to an alleged to or presumed father parent of the child or are
16impermissible under s. 48.913 (4). Making any payment to or on behalf of the any
17birth parent of the child, an, alleged or presumed father parent of the child, or the
18child conditional in any part upon transfer or surrender of the child or the
19termination of parental rights or the finalization of the adoption creates a rebuttable
20presumption of coercion. Upon a finding of coercion, the court shall dismiss the
21petition or amend the agreement to delete any coercive conditions, if the parties
22agree to the amendment. Upon a finding that payments which that are
23impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
24and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

1This paragraph does not apply if the petition was filed with a petition for adoptive
2placement under s. 48.837 (2).
SB464,88 3Section 88 . 48.422 (7) (br) of the statutes is amended to read:
SB464,43,64 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
5alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
6a finding of coercion, the court shall dismiss the petition.
SB464,89 7Section 89 . 48.423 (1) and (2) of the statutes are amended to read:
SB464,43,188 48.423 (1) Rights to paternity parentage determination. If a person appears
9at the hearing and claims that he is to be the father parent of the child, the court shall
10set a date for a hearing on the issue of paternity parentage or, if all parties agree, the
11court may immediately commence hearing testimony concerning the issue of
12paternity parentage. The court shall inform the person claiming to be the father
13parent of the child of any right to counsel under s. 48.23. The person claiming to be
14the father parent of the child must prove paternity parentage by clear and convincing
15evidence. A person who establishes his paternity parentage of the child under this
16section may further participate in the termination of parental rights proceeding only
17if the person meets the conditions specified in sub. (2) or meets a condition specified
18in s. 48.42 (2) (b) or (bm).
SB464,43,25 19(2) Rights of out-of-state fathers parents. A person who may be the father
20parent of a nonmarital child who is not adopted or whose parents do not subsequently
21intermarry under s. 767.803 and whose paternity parentage has not been
22established may contest the petition, present evidence relevant to the issue of
23disposition, and make alternative dispositional recommendations if the person
24appears at the hearing, establishes paternity parentage under sub. (1), and proves
25all of the following by a preponderance of the evidence:
SB464,44,3
1(a) That the person resides and has resided in another state where the mother
2of
person who gave birth to the child resided or was located at the time of or after the
3conception of the child.
SB464,44,54 (b) That the mother person who gave birth to the child left that state without
5notifying or informing that person that he or she could be located in this state.
SB464,44,86 (c) That the person attempted to locate the mother person who gave birth to the
7child
through every reasonable means, but did not know or have reason to know that
8the mother person who gave birth to the child was residing or located in this state.
SB464,44,119 (d) That the person has complied with the requirements of the state where the
10mother person who gave birth to the child previously resided or was located to protect
11and preserve his paternal parental interests in matters affecting the child.
SB464,90 12Section 90 . 48.43 (6) (b) of the statutes is amended to read:
SB464,44,1613 48.43 (6) (b) The mother of person who gave birth to a child who completes an
14affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating
15parental rights on the basis that the father other parent of the child was not correctly
16identified.
SB464,91 17Section 91 . 48.432 (1) (am) 1. of the statutes is amended to read:
SB464,44,1918 48.432 (1) (am) 1. The mother person who gave birth to the child designated
19on the individual's or adoptee's original birth record.
SB464,92 20Section 92 . 48.432 (1) (am) 2. b. of the statutes is amended to read:
SB464,44,2321 48.432 (1) (am) 2. b. If there is no adjudicated father parent, the husband
22spouse of the mother person who gave birth to the child at the time the individual
23or adoptee is conceived or born, or when the parents intermarry under s. 767.803.
SB464,93 24Section 93. 48.435 of the statutes is amended to read:
SB464,45,3
148.435 Custody of children. The mother of person who gave birth to a
2nonmarital child has legal custody of the child unless the court grants legal custody
3to another person or transfers legal custody to an agency.
SB464,94 4Section 94 . 48.63 (3) (b) 4. of the statutes is amended to read:
SB464,45,135 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department,
6county department, or child welfare agency making the placement and the proposed
7adoptive parent or parents shall enter into a written agreement that specifies who
8is financially responsible for the cost of providing care for the child prior to the
9finalization of the adoption and for the cost of returning the child to the parent who
10has custody of the child if the adoption is not finalized. Under the agreement, the
11department, county department, or child welfare agency or the proposed adoptive
12parent or parents, but not the any birth parent of the child or any alleged or
13presumed father parent of the child, shall be financially responsible for those costs.
SB464,95 14Section 95 . 48.63 (3) (b) 5. of the statutes is amended to read:
SB464,45,2015 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person
16may coerce a birth parent of the child or any alleged or presumed father parent of the
17child into refraining from exercising his or her right to withdraw consent to the
18transfer or surrender of the child or to termination of his or her parental rights to the
19child, to have reasonable visitation or contact with the child, or to otherwise exercise
20his or her parental rights to the child.
SB464,96 21Section 96 . 48.82 (1) (a) of the statutes is amended to read:
SB464,45,2322 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
23if
the other spouse is of a parent of the minor.
SB464,97 24Section 97 . 48.837 (1r) (d) of the statutes is amended to read:
SB464,46,9
148.837 (1r) (d) Before a child may be placed under par. (a), the department,
2county department, or child welfare agency making the placement and the proposed
3adoptive parent or parents shall enter into a written agreement that specifies who
4is financially responsible for the cost of providing care for the child prior to the
5finalization of the adoption and for the cost of returning the child to the parent who
6has custody of the child if the adoption is not finalized. Under the agreement, the
7department, county department, or child welfare agency or the proposed adoptive
8parent or parents, but not the any birth parent of the child or any alleged or
9presumed father parent of the child, shall be financially responsible for those costs.
SB464,98 10Section 98 . 48.837 (1r) (e) of the statutes is amended to read:
SB464,46,1611 48.837 (1r) (e) Prior to termination of parental rights to the child, no person
12may coerce a birth parent of the child or any alleged or presumed father parent of the
13child into refraining from exercising his or her right to withdraw consent to the
14transfer or surrender of the child or to termination of his or her parental rights to the
15child, to have reasonable visitation or contact with the child, or to otherwise exercise
16his or her parental rights to the child.
SB464,99 17Section 99 . 48.837 (6) (b) of the statutes is amended to read:
SB464,47,618 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
19review the report that is submitted under s. 48.913 (6). The court shall determine
20whether any payments or the conditions specified in any agreement to make
21payments are coercive to the any birth parent of the child or to an alleged or
22presumed father parent of the child or are impermissible under s. 48.913 (4). Making
23any payment to or on behalf of the a birth parent of the child, an, alleged or presumed
24father parent of the child , or the child conditional in any part upon transfer or
25surrender of the child or the termination of parental rights or the finalization of the

1adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
2the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
3to delete any coercive conditions, if the parties agree to the amendment. Upon a
4finding that payments which that are impermissible under s. 48.913 (4) have been
5made, the court may dismiss the petition and may refer the matter to the district
6attorney for prosecution under s. 948.24 (1).
SB464,100 7Section 100 . 48.837 (6) (br) of the statutes is amended to read:
SB464,47,118 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
9determine whether any person has coerced a birth parent or any alleged or presumed
10father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
11court shall dismiss the petitions under subs. (2) and (3).
SB464,101 12Section 101. 48.837 (8) of the statutes is amended to read:
SB464,47,1413 48.837 (8) Attorney representation. The same attorney may not represent the
14adoptive parents and the a birth mother or birth father parent.
SB464,102 15Section 102 . 48.913 (1) (a) of the statutes is amended to read:
SB464,47,1716 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an
17alleged or presumed father parent of the child.
SB464,103 18Section 103 . 48.913 (1) (b) of the statutes is amended to read:
SB464,47,2019 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an
20alleged or presumed father parent of the child.
SB464,104 21Section 104 . 48.913 (1) (c) of the statutes is amended to read:
SB464,47,2422 48.913 (1) (c) Maternity clothes Clothes to wear during pregnancy for the
23child's birth mother person who is pregnant with the child, in an amount not to
24exceed $300.
SB464,105 25Section 105 . 48.913 (1) (f) of the statutes is amended to read:
SB464,48,3
148.913 (1) (f) Medical and hospital care received by the child's birth mother
2person who gives birth to the child in connection with the pregnancy or birth of the
3child. Medical and hospital care does not include lost wages or living expenses.
SB464,106 4Section 106 . 48.913 (1) (i) of the statutes is amended to read:
SB464,48,95 48.913 (1) (i) Living expenses of the child's birth mother person who gives birth
6to the child
, in an amount not to exceed $5,000, if payment of the expenses by the
7proposed adoptive parents or a person acting on their behalf is necessary to protect
8the health and welfare of the birth mother person who gives birth to the child or the
9fetus.
SB464,107 10Section 107 . 48.913 (1) (m) of the statutes is amended to read:
SB464,48,1211 48.913 (1) (m) A gift to the child's birth mother person who gives birth to the
12child
from the proposed adoptive parents, of no greater than $100 in value.
SB464,108 13Section 108 . 48.913 (2) (intro.) of the statutes is amended to read:
SB464,48,2014 48.913 (2) Payment of expenses when birth parent is residing in another
15state.
(intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
16a person acting on behalf of the proposed adoptive parents of a child may pay for an
17expense of a birth parent of the child or an alleged or presumed father parent of the
18child if the birth parent or the alleged or presumed father parent was residing in
19another state when the payment was made and when the expense was incurred and
20if all of the following apply:
SB464,109 21Section 109 . 48.913 (2) (b) of the statutes is amended to read:
SB464,48,2422 48.913 (2) (b) The state in which the birth parent or the alleged or presumed
23father parent was residing when the payment was made permits the payment of that
24expense by the proposed adoptive parents of the child.
SB464,110 25Section 110 . 48.913 (2) (c) (intro.) of the statutes is amended to read:
SB464,49,8
148.913 (2) (c) (intro.) A listing of all payments made under this subsection, a
2copy of the statutory provisions of the state in which the birth parent or the alleged
3or presumed father parent was residing when the payments were made that permit
4those payments to be made by the proposed adoptive parents of the child, and a copy
5of all orders entered in the state in which the birth parent or the alleged or presumed
6father parent was residing when the payments were made that relate to the payment
7of expenses of the birth parent or the alleged or presumed father parent by the
8proposed adoptive parents of the child is submitted to the court as follows:
SB464,111 9Section 111 . 48.913 (3) of the statutes is amended to read:
SB464,49,1610 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made
11directly to the provider of a good or service except that a payment under sub. (1) or
12(2) may be made to a birth parent of the child or to an alleged or presumed father
13parent of the child as reimbursement of an amount previously paid by the birth
14parent or by the alleged or presumed father parent if documentation is provided
15showing that the birth parent or alleged or presumed father parent has made the
16previous payment.
SB464,112 17Section 112 . 48.9795 (1) (a) 1. c. and (b) of the statutes are amended to read:
SB464,49,2118 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental
19interest under s. 48.025, who is alleged to the court to be the father a parent of the
20child, or who may, based on the statements of the mother parent who gave birth to
21the child
or other information presented to the court, be the father parent of the child.
SB464,50,222 (b) “Party" means the person petitioning for the appointment of a guardian for
23a child or any interested person other than a person who is alleged to the court to be
24the father a parent of the child or who may, based on the statements of the mother

1parent who gave birth to the child or other information presented to the court, be the
2father parent of the child.
SB464,113 3Section 113 . 48.9795 (4) (e) 3. of the statutes is amended to read:
SB464,50,84 48.9795 (4) (e) 3. If a man person who has been given notice under par. (c) 1.
5appears at the initial hearing, alleges that he is the father to be a parent of the child,
6and states that he wishes requests to establish the paternity parentage of the child,
7s. 48.299 (6) applies. The court may order a temporary guardianship under sub. (5)
8pending the outcome of the paternity parentage proceedings.
SB464,114 9Section 114 . 49.141 (1) (i) 3. of the statutes is amended to read:
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