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SB70-AA10,231,3 248.025 (title) Declaration of paternal parental interest in matters
3affecting children.
SB70-AA10,450 4Section 450. 48.025 (2) (b) of the statutes is amended to read:
SB70-AA10,231,95 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the
6birth of the child or within 14 days after the birth of the child, except that a man
7person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
8days after the date on which the notice was mailed. This paragraph does not apply
9to a declaration filed before July 1, 2006.
SB70-AA10,451 10Section 451. 48.025 (3) (c) of the statutes is amended to read:
SB70-AA10,231,2411 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
12or under a substantially similar law of another state or a person authorized to file
13a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
14law of another state may request the department to search its files to determine
15whether a person who may be the father parent of the child who is the subject of the
16proceeding has filed a declaration under this section. If the department has on file
17a declaration of paternal parental interest in matters affecting the child, the
18department shall issue to the requester a copy of the declaration. If the department
19does not have on file a declaration of paternal parental interest in matters affecting
20the child, the department shall issue to the requester a statement that no declaration
21could be located. The department may require a person who requests a search under
22this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
23department of maintaining its file of declarations and publicizing information
24relating to declarations of paternal parental interest under this section.
SB70-AA10,452 25Section 452. 48.27 (3) (b) 1. a. of the statutes is amended to read:
SB70-AA10,232,2
148.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental
2interest under s. 48.025.
SB70-AA10,453 3Section 453. 48.27 (3) (b) 1. b. of the statutes is amended to read:
SB70-AA10,232,74 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the
5child or who may, based on the statements of the mother parent who gave birth to
6the child
or other information presented to the court, be the father a parent of the
7child.
SB70-AA10,454 8Section 454. 48.27 (5) of the statutes is amended to read:
SB70-AA10,232,159 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort
10to identify and notify any person who has filed a declaration of paternal parental
11interest under s. 48.025, any person conclusively determined from genetic test
12results to be the father under s. 767.804 (1), any person who has acknowledged
13paternity parentage of the child under s. 767.805 (1), and any person who has been
14adjudged to be the father parent of the child in a judicial proceeding unless the
15person's parental rights have been terminated.
SB70-AA10,455 16Section 455. 48.299 (6) (intro.) of the statutes is amended to read:
SB70-AA10,232,2117 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3)
18(b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing
19for which he or she received the notice, alleges that he or she is the father a parent
20of the child, and states that he or she wishes to establish the paternity parentage of
21the child, all of the following apply:
SB70-AA10,456 22Section 456. 48.299 (6) (e) 1. of the statutes is amended to read:
SB70-AA10,233,223 48.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines
24genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
25cells of another body material for the purpose of determining the statistical

1probability that a man person who is alleged to be a child's father parent is the child's
2biological father parent.
SB70-AA10,457 3Section 457. 48.299 (6) (e) 2. of the statutes is amended to read:
SB70-AA10,233,64 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person
5specified in sub. (6) (intro.) that he or she may be required to pay for any testing
6ordered by the court under this paragraph or under s. 885.23.
SB70-AA10,458 7Section 458. 48.299 (6) (e) 3. of the statutes is amended to read:
SB70-AA10,233,208 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
9the court determines that it would be in the best interests of the child, the court may
10order any man person specified in sub. (6) (intro.) to submit to one or more genetic
11tests which shall be performed by an expert qualified as an examiner of genetic
12markers present on the cells and of the specific body material to be used for the tests,
13as appointed by the court. A report completed and certified by the court-appointed
14expert stating genetic test results and the statistical probability that the man person
15alleged to be the child's father parent is the child's biological father parent based
16upon the genetic tests is admissible as evidence without expert testimony and may
17be entered into the record at any hearing. The court, upon request by a party, may
18order that independent tests be performed by other experts qualified as examiners
19of genetic markers present on the cells of the specific body materials to be used for
20the tests.
SB70-AA10,459 21Section 459. 48.299 (6) (e) 4. of the statutes is amended to read:
SB70-AA10,234,222 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not
23excluded and that the statistical probability that the alleged father parent is the
24child's biological father parent is 99.0 percent or higher, the court may determine

1that for purposes of a proceeding under this chapter, other than a proceeding under
2subch. VIII, the man person is the child's biological parent.
SB70-AA10,460 3Section 460. 48.299 (7) of the statutes is amended to read:
SB70-AA10,234,124 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1.,
548.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which
6he or she received the notice but does not allege that he or she is the father a parent
7of the child and state that he or she wishes to establish the paternity parentage of
8the child or if no man person to whom such notice was given appears at a hearing,
9the court may refer the matter to the state or to the attorney responsible for support
10enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether
11an action should be brought for the purpose of determining the paternity parentage
12of the child.
SB70-AA10,461 13Section 461. 48.355 (4g) (a) 1. of the statutes is amended to read:
SB70-AA10,234,2014 48.355 (4g) (a) 1. The child's parents are parties to a pending action for divorce,
15annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4.
16to be the biological father parent of the child for purposes of a proceeding under this
17chapter is a party to a pending action to determine paternity of the child under ch.
18767, or the child is the subject of a pending independent action under s. 767.41 or
19767.43 to determine legal custody of the child or visitation rights with respect to the
20child.
SB70-AA10,462 21Section 462. 48.396 (2) (dm) of the statutes is amended to read:
SB70-AA10,235,722 48.396 (2) (dm) Upon request of a court having jurisdiction over actions
23affecting the family, an attorney responsible for support enforcement under s. 59.53
24(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
25attorney or the guardian ad litem for the child who is the subject of that proceeding

1to review or be provided with information from the records of the court assigned to
2exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
3for the purpose of determining the paternity of the child or for the purpose of
4rebutting the presumption of paternity parentage under s. 891.405, 891.407, or
5891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938
6shall open for inspection by the requester its records relating to the paternity of the
7child or disclose to the requester those records.
SB70-AA10,463 8Section 463. 48.42 (1g) (a) 4. of the statutes is amended to read:
SB70-AA10,235,109 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a
10familial relationship with the child and who may be the father a parent of the child.
SB70-AA10,464 11Section 464. 48.42 (1g) (b) of the statutes is amended to read:
SB70-AA10,235,2012 48.42 (1g) (b) The petitioner shall notify any man person identified in the
13affidavit under par. (a) as an alleged father parent of his the right to file a declaration
14of paternal parental interest under s. 48.025 before the birth of the child, within 14
15days after the birth of the child, or within 21 days after the date on which the notice
16is mailed, whichever is later; of the birth date or anticipated birth date of the child;
17and of the consequences of filing or not filing a declaration of paternal parental
18interest. The petitioner shall include with the notice a copy of the form required to
19file a declaration of paternal parental interest under s. 48.025. The notice shall be
20sent by certified mail to the last-known address of the alleged father parent.
SB70-AA10,465 21Section 465. 48.42 (1g) (c) of the statutes is amended to read:
SB70-AA10,235,2322 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice
23shall be given to an alleged father parent under sub. (2).
SB70-AA10,466 24Section 466. 48.42 (2) (b) 1. of the statutes is amended to read:
SB70-AA10,236,3
148.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal
2parental interest under s. 48.025 before the birth of the child or within 14 days after
3the birth of the child.
SB70-AA10,467 4Section 467. 48.42 (2) (b) 2. of the statutes is amended to read:
SB70-AA10,236,85 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent
6of the child or who may, based upon the statements of the mother parent who gave
7birth to the child
or other information presented to the court, be the father parent
8of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
SB70-AA10,468 9Section 468. 48.42 (2) (bm) 1. of the statutes is amended to read:
SB70-AA10,236,1310 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal
11parental interest under s. 48.025 before the birth of the child, within 14 days after
12the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
13whichever is later.
SB70-AA10,469 14Section 469. 48.422 (6) (a) of the statutes is amended to read:
SB70-AA10,236,2415 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
16parents do not subsequently intermarry under s. 767.803 and for whom paternity
17has not been established, or for whom a declaration of paternal parental interest has
18not been filed under s. 48.025 within 14 days after the date of birth of the child or,
19if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
20s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity
21parentage of the child. Based on the testimony, the court shall determine whether
22all interested parties who are known have been notified under s. 48.42 (2) and (2g)
23(ag). If not, the court shall adjourn the hearing and order appropriate notice to be
24given.
SB70-AA10,470 25Section 470. 48.422 (7) (bm) of the statutes is amended to read:
SB70-AA10,237,18
148.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
2been identified. If a proposed adoptive parent of the child has been identified and
3the proposed adoptive parent is not a relative of the child, the court shall order the
4petitioner to submit a report to the court containing the information specified in s.
548.913 (7). The court shall review the report to determine whether any payments or
6agreement to make payments set forth in the report are coercive to the birth parent
7of the child or to an alleged to or presumed father parent of the child or are
8impermissible under s. 48.913 (4). Making any payment to or on behalf of the any
9birth parent of the child, an, alleged or presumed father parent of the child, or the
10child conditional in any part upon transfer or surrender of the child or the
11termination of parental rights or the finalization of the adoption creates a rebuttable
12presumption of coercion. Upon a finding of coercion, the court shall dismiss the
13petition or amend the agreement to delete any coercive conditions, if the parties
14agree to the amendment. Upon a finding that payments which that are
15impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
16and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
17This paragraph does not apply if the petition was filed with a petition for adoptive
18placement under s. 48.837 (2).
SB70-AA10,471 19Section 471. 48.422 (7) (br) of the statutes is amended to read:
SB70-AA10,237,2220 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
21alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
22a finding of coercion, the court shall dismiss the petition.
SB70-AA10,472 23Section 472. 48.423 (2) (d) of the statutes is amended to read:
SB70-AA10,238,3
148.423 (2) (d) That the person has complied with the requirements of the state
2where the mother birth parent previously resided or was located to protect and
3preserve his paternal or her parental interests in matters affecting the child.
SB70-AA10,473 4Section 473. 48.432 (1) (am) 2. b. of the statutes is amended to read:
SB70-AA10,238,75 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
6mother at the time the individual or adoptee is conceived or born, or when the parents
7intermarry under s. 767.803.
SB70-AA10,474 8Section 474. 48.63 (3) (b) 4. of the statutes is amended to read:
SB70-AA10,238,179 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department,
10county department, or child welfare agency making the placement and the proposed
11adoptive parent or parents shall enter into a written agreement that specifies who
12is financially responsible for the cost of providing care for the child prior to the
13finalization of the adoption and for the cost of returning the child to the parent who
14has custody of the child if the adoption is not finalized. Under the agreement, the
15department, county department, or child welfare agency or the proposed adoptive
16parent or parents, but not the any birth parent of the child or any alleged or
17presumed father parent of the child, shall be financially responsible for those costs.
SB70-AA10,475 18Section 475. 48.63 (3) (b) 5. of the statutes is amended to read:
SB70-AA10,238,2419 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person
20may coerce a birth parent of the child or any alleged or presumed father parent of the
21child into refraining from exercising his or her right to withdraw consent to the
22transfer or surrender of the child or to termination of his or her parental rights to the
23child, to have reasonable visitation or contact with the child, or to otherwise exercise
24his or her parental rights to the child.
SB70-AA10,476 25Section 476. 48.82 (1) (a) of the statutes is amended to read:
SB70-AA10,239,2
148.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
2if
the other spouse is of a parent of the minor.
SB70-AA10,477 3Section 477. 48.837 (1r) (d) of the statutes is amended to read:
SB70-AA10,239,124 48.837 (1r) (d) Before a child may be placed under par. (a), the department,
5county department, or child welfare agency making the placement and the proposed
6adoptive parent or parents shall enter into a written agreement that specifies who
7is financially responsible for the cost of providing care for the child prior to the
8finalization of the adoption and for the cost of returning the child to the parent who
9has custody of the child if the adoption is not finalized. Under the agreement, the
10department, county department, or child welfare agency or the proposed adoptive
11parent or parents, but not the any birth parent of the child or any alleged or
12presumed father parent of the child, shall be financially responsible for those costs.
SB70-AA10,478 13Section 478. 48.837 (1r) (e) of the statutes is amended to read:
SB70-AA10,239,1914 48.837 (1r) (e) Prior to termination of parental rights to the child, no person
15may coerce a birth parent of the child or any alleged or presumed father parent of the
16child into refraining from exercising his or her right to withdraw consent to the
17transfer or surrender of the child or to termination of his or her parental rights to the
18child, to have reasonable visitation or contact with the child, or to otherwise exercise
19his or her parental rights to the child.
SB70-AA10,479 20Section 479. 48.837 (6) (b) of the statutes is amended to read:
SB70-AA10,240,921 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
22review the report that is submitted under s. 48.913 (6). The court shall determine
23whether any payments or the conditions specified in any agreement to make
24payments are coercive to the any birth parent of the child or to an alleged or
25presumed father parent of the child or are impermissible under s. 48.913 (4). Making

1any payment to or on behalf of the a birth parent of the child, an, alleged or presumed
2father parent of the child , or the child conditional in any part upon transfer or
3surrender of the child or the termination of parental rights or the finalization of the
4adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
5the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
6to delete any coercive conditions, if the parties agree to the amendment. Upon a
7finding that payments which that are impermissible under s. 48.913 (4) have been
8made, the court may dismiss the petition and may refer the matter to the district
9attorney for prosecution under s. 948.24 (1).
SB70-AA10,480 10Section 480. 48.837 (6) (br) of the statutes is amended to read:
SB70-AA10,240,1411 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
12determine whether any person has coerced a birth parent or any alleged or presumed
13father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
14court shall dismiss the petitions under subs. (2) and (3).
SB70-AA10,481 15Section 481. 48.913 (1) (a) of the statutes is amended to read:
SB70-AA10,240,1716 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an
17alleged or presumed father parent of the child.
SB70-AA10,482 18Section 482. 48.913 (1) (b) of the statutes is amended to read:
SB70-AA10,240,2019 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an
20alleged or presumed father parent of the child.
SB70-AA10,483 21Section 483. 48.913 (1) (h) of the statutes is amended to read:
SB70-AA10,240,2422 48.913 (1) (h) Legal and other services received by a birth parent of the child,
23an alleged or presumed father parent of the child, or the child in connection with the
24adoption.
SB70-AA10,484 25Section 484. 48.913 (2) (intro.) of the statutes is amended to read:
SB70-AA10,241,7
148.913 (2) Payment of expenses when birth parent is residing in another
2state.
(intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
3a person acting on behalf of the proposed adoptive parents of a child may pay for an
4expense of a birth parent of the child or an alleged or presumed father parent of the
5child if the birth parent or the alleged or presumed father parent was residing in
6another state when the payment was made and when the expense was incurred and
7if all of the following apply:
SB70-AA10,485 8Section 485. 48.913 (2) (b) of the statutes is amended to read:
SB70-AA10,241,119 48.913 (2) (b) The state in which the birth parent or the alleged or presumed
10father parent was residing when the payment was made permits the payment of that
11expense by the proposed adoptive parents of the child.
SB70-AA10,486 12Section 486. 48.913 (2) (c) (intro.) of the statutes is amended to read:
SB70-AA10,241,2013 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a
14copy of the statutory provisions of the state in which the birth parent or the alleged
15or presumed father parent was residing when the payments were made that permit
16those payments to be made by the proposed adoptive parents of the child, and a copy
17of all orders entered in the state in which the birth parent or the alleged or presumed
18father parent was residing when the payments were made that relate to the payment
19of expenses of the birth parent or the alleged or presumed father parent by the
20proposed adoptive parents of the child is submitted to the court as follows:
SB70-AA10,487 21Section 487. 48.913 (3) of the statutes is amended to read:
SB70-AA10,242,322 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made
23directly to the provider of a good or service except that a payment under sub. (1) or
24(2) may be made to a birth parent of the child or to an alleged or presumed father
25parent of the child as reimbursement of an amount previously paid by the birth

1parent or by the alleged or presumed father parent if documentation is provided
2showing that the birth parent or alleged or presumed father parent has made the
3previous payment.
SB70-AA10,488 4Section 488. 48.913 (4) of the statutes is amended to read:
SB70-AA10,242,85 48.913 (4) Other payments prohibited. The proposed adoptive parents of a
6child or a person acting on behalf of the proposed adoptive parents may not make any
7payments to or on behalf of a birth parent of the child, an alleged or presumed father
8parent of the child, or the child except as provided in subs. (1) and (2).
SB70-AA10,489 9Section 489. 48.913 (7) of the statutes is amended to read:
SB70-AA10,242,2410 48.913 (7) Report to the court; contents required. The report required under
11sub. (6) shall include a list of all transfers of anything of value made or agreed to be
12made by the proposed adoptive parents or by a person acting on their behalf to a birth
13parent of the child, an alleged or presumed father parent of the child, or the child,
14on behalf of a birth parent of the child, an alleged or presumed father parent of the
15child, or the child, or to any other person in connection with the pregnancy, the birth
16of the child, the placement of the child with the proposed adoptive parents, or the
17adoption of the child by the proposed adoptive parents. The report shall be itemized
18and shall show the goods or services for which payment was made or agreed to be
19made. The report shall include the dates of each payment, the names and addresses
20of each attorney, doctor, hospital, agency, or other person or organization receiving
21any payment from the proposed adoptive parents or a person acting on behalf of the
22proposed adoptive parents in connection with the pregnancy, the birth of the child,
23the placement of the child with the proposed adoptive parents, or the adoption of the
24child by the proposed adoptive parents.
SB70-AA10,490 25Section 490. 48.9795 (1) (a) 1. c. of the statutes is amended to read:
SB70-AA10,243,4
148.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental
2interest under s. 48.025, who is alleged to the court to be the father a parent of the
3child, or who may, based on the statements of the mother parent who gave birth to
4the child
or other information presented to the court, be the father parent of the child.
SB70-AA10,491 5Section 491. 48.9795 (1) (b) of the statutes is amended to read:
SB70-AA10,243,106 48.9795 (1) (b) “Party" means the person petitioning for the appointment of a
7guardian for a child or any interested person other than a person who is alleged to
8the court to be the father a parent of the child or who may, based on the statements
9of the mother parent who gave birth to the child or other information presented to
10the court, be the father parent of the child.
SB70-AA10,492 11Section 492. 49.141 (1) (j) 1. of the statutes is amended to read:
SB70-AA10,243,1212 49.141 (1) (j) 1. A biological natural parent.
SB70-AA10,493 13Section 493. 49.141 (1) (j) 2. of the statutes is repealed.
SB70-AA10,494 14Section 494. 49.155 (1m) (c) 1g. of the statutes is amended to read:
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