Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,408 Section 408. 767.805 (title), (1), (1m), (2) (a) and (b) and (3) (title) and (a) of the statutes are amended to read:

SB70-SSA2-SA2,215,2 767.805 (title) Voluntary acknowledgment of paternity parentage. (1) Conclusive determination of paternity parentage. A statement acknowledging paternity parentage that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity parentage.

SB70-SSA2-SA2,215,4 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity parentage.

SB70-SSA2-SA2,215,8 (2) (a) A statement acknowledging paternity parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

SB70-SSA2-SA2,215,13 (b) If a statement acknowledging paternity parentage is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male person who signed the statement as the father parent of the child unless the male person is adjudicated the child's father parent using the procedures set forth in this subchapter, except for this section.

SB70-SSA2-SA2,215,19 (3) (title) Actions when paternity parentage acknowledged. (a) Unless the statement acknowledging paternity parentage has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity parentage.

SB70-SSA2-SA2,409 Section 409. 767.805 (4) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,215,24 767.805 (4) Orders when paternity parentage acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents parentage of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:

SB70-SSA2-SA2,410 Section 410. 767.805 (4) (d) of the statutes is amended to read:

SB70-SSA2-SA2,216,9 767.805 (4) (d) 1. An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth childbirth by the parent who did not give birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's parent who did not give birth has an income that is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's parent's ability to pay or contribute to those expenses.

SB70-SSA2-SA2,216,13 2. If the order does not require periodic payments because the father parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father parent has the ability to pay at that time.

SB70-SSA2-SA2,411 Section 411. 767.805 (5) (a) and (b) of the statutes are amended to read:

SB70-SSA2-SA2,216,19 767.805 (5) (a) A determination of paternity parentage that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

SB70-SSA2-SA2,217,2 (b) If a court in a proceeding under par. (a) determines that the male person is not the father parent of the child, the court shall vacate any order entered under sub. (4) with respect to the male person. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male's person's name as the father parent of the child from the child's birth record. No paternity action may thereafter be brought against the male person with respect to the child.

SB70-SSA2-SA2,412 Section 412. 767.805 (6) (a) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,217,5 767.805 (6) (a) (intro.) This section does not apply unless all of the following apply to the statement acknowledging paternity parentage:

SB70-SSA2-SA2,413 Section 413. 767.855 of the statutes is amended to read:

SB70-SSA2-SA2,217,18 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem or the child's mother if she is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.

SB70-SSA2-SA2,414 Section 414. 767.863 (1m) of the statutes is amended to read:

SB70-SSA2-SA2,218,5 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

SB70-SSA2-SA2,415 Section 415. 767.87 (1m) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,218,11 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the mother, at the earliest possible of the following:

SB70-SSA2-SA2,416 Section 416. 767.87 (8) of the statutes is amended to read:

SB70-SSA2-SA2,218,17 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

SB70-SSA2-SA2,417 Section 417. 767.87 (9) of the statutes is amended to read:

SB70-SSA2-SA2,218,22 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB70-SSA2-SA2,418 Section 418. 767.883 (1) of the statutes is amended to read:

SB70-SSA2-SA2,219,19 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

SB70-SSA2-SA2,419 Section 419. 769.316 (9) of the statutes is amended to read:

SB70-SSA2-SA2,219,23 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.

SB70-SSA2-SA2,420 Section 420. 769.401 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,219,25 769.401 (2) (a) A parent or presumed father parent of the child.

SB70-SSA2-SA2,421 Section 421. 769.401 (2) (g) of the statutes is repealed.

SB70-SSA2-SA2,422 Section 422. 815.20 (1) of the statutes is amended to read:

SB70-SSA2-SA2,220,15 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

SB70-SSA2-SA2,423 Section 423. 822.40 (4) of the statutes is amended to read:

SB70-SSA2-SA2,220,20 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

SB70-SSA2-SA2,424 Section 424. 851.30 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,221,2 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

SB70-SSA2-SA2,425 Section 425. 852.01 (1) (f) 1. of the statutes is amended to read:

SB70-SSA2-SA2,221,7 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

SB70-SSA2-SA2,426 Section 426. 852.01 (1) (f) 2. of the statutes is amended to read:

SB70-SSA2-SA2,221,10 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

SB70-SSA2-SA2,427 Section 427. 852.01 (1) (f) 3. of the statutes is amended to read:

SB70-SSA2-SA2,221,14 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

SB70-SSA2-SA2,428 Section 428. 854.03 (3) of the statutes is amended to read:

SB70-SSA2-SA2,221,22 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband's first spouse's individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

SB70-SSA2-SA2,429 Section 429. 891.39 (title) of the statutes is amended to read:

SB70-SSA2-SA2,221,25 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

SB70-SSA2-SA2,430 Section 430. 891.39 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA2,222,15 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70-SSA2-SA2,431 Section 431. 891.39 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA2,222,24 891.39 (1) (b) In actions affecting the family , in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB70-SSA2-SA2,432 Section 432. 891.39 (3) of the statutes is amended to read:

SB70-SSA2-SA2,223,7 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

SB70-SSA2-SA2,433 Section 433. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

SB70-SSA2-SA2,223,16 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse's consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife. The by the inseminated person.

SB70-SSA2-SA2,223,23 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband's spouse's consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

SB70-SSA2-SA2,223,25 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

SB70-SSA2-SA2,224,2 3. Notwithstanding subd. 1., the physician's or spouses' failure to file the consent form does not affect the legal status of father natural parent and child.

SB70-SSA2-SA2,224,6 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

SB70-SSA2-SA2,434 Section 434. 891.40 (1) (b) of the statutes is created to read:

SB70-SSA2-SA2,224,9 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

SB70-SSA2-SA2,224,11 1. The artificial insemination takes place under the supervision of a licensed physician.

SB70-SSA2-SA2,224,12 2. The semen used for the insemination is obtained from a sperm bank.

SB70-SSA2-SA2,435 Section 435. 891.40 (2) of the statutes is amended to read:

SB70-SSA2-SA2,224,17 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor's wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

SB70-SSA2-SA2,436 Section 436. 891.40 (3) of the statutes is created to read:

SB70-SSA2-SA2,224,21 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

SB70-SSA2-SA2,437 Section 437. 891.405 of the statutes is amended to read:

SB70-SSA2-SA2,225,2 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

SB70-SSA2-SA2,438 Section 438. 891.407 of the statutes is amended to read:

SB70-SSA2-SA2,225,8 891.407 Presumption of paternity based on genetic test results. A man is presumed to be the natural father of a child if the man has been conclusively determined from genetic test results to be the father under s. 767.804 and no other man person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

SB70-SSA2-SA2,439 Section 439. 891.41 (title) of the statutes is amended to read:

SB70-SSA2-SA2,225,11 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

SB70-SSA2-SA2,440 Section 440. 891.41 (1) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,225,14 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

SB70-SSA2-SA2,441 Section 441. 891.41 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA2,225,19 891.41 (1) (a) He The person and the child's established natural mother parent are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

SB70-SSA2-SA2,442 Section 442. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

SB70-SSA2-SA2,226,2 891.41 (1) (b) (intro.) He The person and the child's established natural mother parent were married to each other after the child was born but he the person and the child's established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

SB70-SSA2-SA2,226,3 1. No person has been adjudicated to be the father or.

SB70-SSA2-SA2,226,5 2. No other person is presumed to be the father parent of the child under par. (a).

SB70-SSA2-SA2,443 Section 443. 891.41 (2) of the statutes is amended to read:

SB70-SSA2-SA2,226,13 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70-SSA2-SA2,444 Section 444. 891.41 (3) of the statutes is created to read:

SB70-SSA2-SA2,226,16 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

SB70-SSA2-SA2,445 Section 445. 905.05 (title) of the statutes is amended to read:

SB70-SSA2-SA2,226,18 905.05 (title) Husband-wife Spousal and domestic partner privilege.