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2. The court is not required to require any of the following persons to submit
to genetic tests:
a. A person who was required by a child support agency to submit to a genetic
test and who has done so.
b. The respondent in the action if he or she is deceased and genetic material
is not available without undue hardship.
c. A male respondent who fails to appear if genetic test results with respect to
another male show that the other male is not excluded as the father and that the
statistical probability that the other male is the father is 99 percent or higher.
Current law includes an exception to the requirement to order genetic tests in
a paternity action. If the court determines, upon the motion of a party or guardian
ad litem, that a judicial determination of whether a male is the father of the child is
not in the best interest of the child, the court may, with respect to the male, refuse
to order genetic tests, if they haven't already been performed, and dismiss the action.
The Wisconsin Supreme Court, in Randy A.J. v. Norma I.J., 2004 WI 41, 270 Wis.
2d 384, 677 N.W. 2d 630, determined that a court may not dismiss the paternity
action if genetic tests have already been performed, even if the court finds that a
judicial determination of paternity is not in the child's best interest. The bill provides
that if the court determines that a judicial determination of whether a male is the

father of the child is not in the best interest of the child, the court may dismiss the
action with respect to that male, regardless of whether genetic tests have been
performed or what the results of those genetic tests were. The bill also provides that
if, in fact, genetic tests have not yet been performed with respect to that male, the
court is not required to order them.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB166,1 1Section 1 . 48.02 (13) of the statutes is amended to read:
AB166,5,22 48.02 (13) “Parent" means a biological parent, a husband who has consented
3to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
4the child is a nonmarital child who is not adopted or whose parents do not
5subsequently intermarry under s. 767.803, “parent" includes a person conclusively
6determined from genetic test results to be the father under s. 767.804 or a
person
7acknowledged under s. 767.805 or a substantially similar law of another state or
8adjudicated to be the biological father. “Parent" does not include any person whose
9parental rights have been terminated. For purposes of the application of s. 48.028
10and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
11biological parent, an Indian husband who has consented to the artificial
12insemination of his wife under s. 891.40, or an Indian person who has lawfully
13adopted an Indian child, including an adoption under tribal law or custom, and
14includes, in the case of a nonmarital child who is not adopted or whose parents do
15not subsequently intermarry under s. 767.803, a person conclusively determined
16from genetic test results to be the father under s. 767.804,
a person acknowledged
17under s. 767.805, a substantially similar law of another state, or tribal law or custom

1to be the biological father, or a person adjudicated to be the biological father, but does
2not include any person whose parental rights have been terminated.
AB166,2 3Section 2 . 48.27 (5) of the statutes is amended to read:
AB166,5,104 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort
5to identify and notify any person who has filed a declaration of paternal interest
6under s. 48.025, any person conclusively determined from genetic test results to be
7the father under s. 767.804 (1),
any person who has acknowledged paternity of the
8child under s. 767.805 (1), and any person who has been adjudged to be the father
9of the child in a judicial proceeding unless the person's parental rights have been
10terminated.
AB166,3 11Section 3 . 48.396 (2) (dm) of the statutes is amended to read:
AB166,5,2212 48.396 (2) (dm) Upon request of a court having jurisdiction over actions
13affecting the family, an attorney responsible for support enforcement under s. 59.53
14(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
15attorney or the guardian ad litem for the child who is the subject of that proceeding
16to review or be provided with information from the records of the court assigned to
17exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
18for the purpose of determining the paternity of the child or for the purpose of
19rebutting the presumption of paternity under s. 891.405, 891.407, or 891.41 (1), the
20court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
21inspection by the requester its records relating to the paternity of the child or disclose
22to the requester those records.
AB166,4 23Section 4 . 48.42 (4) (b) 2. of the statutes is amended to read:
AB166,6,424 48.42 (4) (b) 2. If the child is a nonmarital child who is not adopted or whose
25parents do not subsequently intermarry under s. 767.803 and paternity has not been

1conclusively determined from genetic test results under s. 767.804, acknowledged
2under s. 767.805 or a substantially similar law of another state , or adjudicated, the
3court may, as provided in s. 48.422 (6) (b), order publication of a notice under subd.
44.
AB166,5 5Section 5 . 48.837 (4) (e) of the statutes is amended to read:
AB166,6,166 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3),
7ascertain whether the paternity of a nonmarital child who is not adopted or whose
8parents do not subsequently intermarry under s. 767.803 has been conclusively
9determined from genetic test results under s. 767.804,
acknowledged under s.
10767.805 or a substantially similar law of another state, or adjudicated in this state
11or another jurisdiction. If the child's paternity has not been conclusively determined
12from genetic test results,
acknowledged, or adjudicated, the court shall attempt to
13ascertain the paternity of the child and shall determine the rights of any person who
14may be the father of the child as provided under s. 48.423. The court may not proceed
15with the hearing on the petitions under this section unless the parental rights of the
16nonpetitioning parent, whether known or unknown, have been terminated.
AB166,6 17Section 6 . 48.91 (2) of the statutes is amended to read:
AB166,7,318 48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted
19or whose parents do not subsequently intermarry under s. 767.803, the court shall
20establish whether the child's paternity has been conclusively determined from
21genetic test results under s. 767.804,
acknowledged under s. 767.805 or a
22substantially similar law of another state, or adjudicated in this state or in another
23jurisdiction. If the child's paternity has not been conclusively determined from
24genetic test results,
acknowledged, or adjudicated, the court shall attempt to
25ascertain the paternity of the child and shall determine the rights of any person who

1may be the father of the child as provided under s. 48.423. The court may not proceed
2with the hearing on the petition for adoption unless the parental rights of the
3nonpetitioning parent, whether known or unknown, have been terminated.
AB166,7 4Section 7 . 49.141 (1) (i) of the statutes is renumbered 49.141(1) (i) (intro.) and
5amended to read:
AB166,7,86 49.141 (1) (i) (intro.) “Nonmarital coparent" means, with respect to an
7individual and a dependent child, a parent who is not married to the individual, who
8resides with the dependent child, and who is either an one of the following:
AB166,7,9 91. An adjudicated parent or a .
AB166,7,11 102. A parent who has signed and filed with the state registrar under s. 69.15 (3)
11(b) 3. a statement acknowledging paternity.
AB166,8 12Section 8 . 49.141 (1) (i) 3. of the statutes is created to read:
AB166,7,1413 49.141 (1) (i) 3. A parent who has been conclusively determined from genetic
14test results to be the father under s. 767.804.
AB166,9 15Section 9 . 49.141 (1) (j) 6. of the statutes is created to read:
AB166,7,1716 49.141 (1) (j) 6. A man who has been conclusively determined from genetic test
17results to be the father under s. 767.804.
AB166,10 18Section 10 . 49.225 (2) (a) of the statutes is amended to read:
AB166,8,219 49.225 (2) (a) A county child support agency under s. 59.53 (5) may require, by
20subpoena in substantially the form authorized under s. 885.02 or by other means, a
21child, the child's mother, and a male alleged, or alleging himself, to be the child's
22father to submit to genetic tests if there is probable cause to believe that the male
23had sexual intercourse with the child's mother during a possible time of the child's
24conception. Probable cause of sexual intercourse during a possible time of conception
25may be established by a sufficient affidavit of the child's mother or, the male alleged,

1or alleging himself, to be the child's father, or the county child support agency under
2s. 59.53 (5) based on information provided by the child's mother
.
AB166,11 3Section 11. 49.855 (3) of the statutes is amended to read:
AB166,9,24 49.855 (3) Receipt of a certification by the department of revenue shall
5constitute a lien, equal to the amount certified, on any state tax refunds or credits
6owed to the obligor. The lien shall be foreclosed by the department of revenue as a
7setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
8that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
9obligor that the state intends to reduce any state tax refund or credit due the obligor
10by the amount the obligor is delinquent under the support, maintenance, or receiving
11and disbursing fee order or obligation, by the outstanding amount for past support,
12medical expenses, or birth expenses under the court order, or by the amount due
13under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20
14days the obligor may request a hearing before the circuit court rendering the order
15under which the obligation arose. Within 10 days after receiving a request for
16hearing under this subsection, the court shall set the matter for hearing. Pending
17further order by the court or a circuit court commissioner, the department of children
18and families or its designee, whichever is appropriate, is prohibited from disbursing
19the obligor's state tax refund or credit. A circuit court commissioner may conduct the
20hearing. The sole issues at that hearing shall be whether the obligor owes the
21amount certified and, if not and it is a support or maintenance order, whether the
22money withheld from a tax refund or credit shall be paid to the obligor or held for
23future support or maintenance, except that the obligor's ability to pay shall also be
24an issue at the hearing if the obligation relates to an order under s. 767.804 (3) (d)
251.,
767.805 (4) (d) 1., or 767.89 (3) (e) 1. and the order specifies that the court found

1that the obligor's income was at or below the poverty line established under 42 USC
29902
(2).
AB166,12 3Section 12 . 49.855 (4m) (b) of the statutes is amended to read:
AB166,9,254 49.855 (4m) (b) The department of revenue may provide a certification that it
5receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon
6receipt of the certification, the department of administration shall determine
7whether the obligor is a vendor or is receiving any other payments from this state,
8except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
945.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
10determines that the obligor is a vendor or is receiving payments from this state,
11except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1245.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
13certified from those payments and shall notify the obligor that the state intends to
14reduce any payments due the obligor by the amount the obligor is delinquent under
15the support, maintenance, or receiving and disbursing fee order or obligation, by the
16outstanding amount for past support, medical expenses, or birth expenses under the
17court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The
18notice shall provide that within 20 days after receipt of the notice the obligor may
19request a hearing before the circuit court rendering the order under which the
20obligation arose. An obligor may, within 20 days after receiving notice, request a
21hearing under this paragraph. Within 10 days after receiving a request for hearing
22under this paragraph, the court shall set the matter for hearing. A circuit court
23commissioner may conduct the hearing. Pending further order by the court or circuit
24court commissioner, the department of children and families or its designee,
25whichever is appropriate, may not disburse the payments withheld from the obligor.

1The sole issues at the hearing are whether the obligor owes the amount certified and,
2if not and it is a support or maintenance order, whether the money withheld shall be
3paid to the obligor or held for future support or maintenance, except that the obligor's
4ability to pay is also an issue at the hearing if the obligation relates to an order under
5s. 767.804 (3) (d) 1., 767.805 (4) (d) 1., or 767.89 (3) (e) 1. and the order specifies that
6the court found that the obligor's income was at or below the poverty line established
7under 42 USC 9902 (2).
AB166,13 8Section 13 . 69.15 (3) (a) (intro.) of the statutes is amended to read:
AB166,10,139 69.15 (3) (a) (intro.) If the state registrar receives an order under sub. (1) which
10that establishes paternity or determines that the man whose name appears on a
11registrant's birth record is not the father of the registrant, or a report under s.
12767.804 (1) (c) that shows a conclusive determination of paternity,
the state registrar
13shall do the following, as appropriate:
AB166,14 14Section 14 . 69.15 (3) (a) 3. of the statutes is amended to read:
AB166,10,1715 69.15 (3) (a) 3. Except as provided under subd. 4., insert the name of the
16adjudicated or conclusively determined father on the original birth record if the
17name of the father was omitted on the original record.
AB166,15 18Section 15. 565.30 (5m) (a) of the statutes is amended to read:
AB166,11,619 565.30 (5m) (a) The administrator shall report to the department of children
20and families the name, address, and social security number of each winner of a
21lottery prize that is payable in installments and the name, address , and social
22security number or federal income tax number of the person who has been assigned
23a lottery prize that is payable in installments. Upon receipt of the report, the
24department of children and families shall certify to the administrator whether any
25payee or assignee named in the report is obligated to provide child support, spousal

1support, maintenance, or family support under s. 767.001 (1) (f) or (g), 767.225,
2767.34, 767.511, 767.531, 767.56, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89
3(3), 767.893 (2m), or 948.22 (7) or ch. 769 and the amount required to be withheld
4from the lottery prize under s. 767.75. Subject to par. (b), the administrator shall
5withhold the certified amount from each payment made to the winner or assignee
6and remit the certified amount to the department of children and families.
AB166,16 7Section 16 . 767.407 (1) (c) (intro.) of the statutes is amended to read:
AB166,11,148 767.407 (1) (c) (intro.) The attorney responsible for support enforcement under
9s. 59.53 (6) (a) may request that the court appoint a guardian ad litem to bring an
10action or motion on behalf of a minor who is a nonmarital child whose paternity has
11not been conclusively determined from genetic test results under s. 767.804,
12acknowledged under s. 767.805 (1) or a substantially similar law of another state, or
13adjudicated for the purpose of determining the paternity of the child, and the court
14shall appoint a guardian ad litem, if any of the following applies:
AB166,17 15Section 17. 767.41 (1) (b) of the statutes is amended to read:
AB166,11,2016 767.41 (1) (b) In rendering a judgment of annulment, divorce, legal separation,
17or paternity, or in rendering a judgment in an action under s. 767.001 (1) (e), 767.501,
18767.804 (2), or 767.805 (3), the court shall make such provisions as it deems just and
19reasonable concerning the legal custody and physical placement of any minor child
20of the parties, as provided in this section.
AB166,18 21Section 18. 767.41 (1m) (intro.) of the statutes is amended to read:
AB166,12,1022 767.41 (1m) Parenting plan. (intro.) Unless the court orders otherwise, in an
23action for annulment, divorce, or legal separation, an action to determine paternity,
24or an action under s. 767.001 (1) (e), 767.501, 767.804 (2), or 767.805 (3), in which
25legal custody or physical placement is contested, a party seeking sole or joint legal

1custody or periods of physical placement shall file a parenting plan with the court if
2the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if
3the parties attend mediation and the mediator notifies the court under s. 767.405
4(12) (b) that the parties have not reached an agreement. Unless the court orders
5otherwise, the parenting plan shall be filed within 60 days after the court waives the
6mediation requirement or the mediator notifies the court that no agreement has been
7reached. Except for cause shown, a party required to file a parenting plan under this
8subsection who does not timely file a parenting plan waives the right to object to the
9other party's parenting plan. A parenting plan shall provide information about the
10following questions:
AB166,19 11Section 19. 767.44 (1) of the statutes is amended to read:
AB166,12,1812 767.44 (1) When prohibited. Notwithstanding ss. 767.225 (1) (am), 767.41 (1),
13(4), and (5), 767.804 (3) (a), 767.805 (4) (a), and 767.89 (3) and except as provided in
14sub. (2), in an action under this chapter that affects a minor child, a court may not
15grant to the child's parent visitation or physical placement rights with the child if the
16parent has been convicted under s. 940.01 of the first-degree intentional homicide,
17or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent,
18and the conviction has not been reversed, set aside, or vacated.
AB166,20 19Section 20. 767.511 (1) (intro.) of the statutes is amended to read:
AB166,12,2420 767.511 (1) When ordered. (intro.) When the court approves a stipulation for
21child support under s. 767.34, enters a judgment of annulment, divorce, or legal
22separation, or enters an order or a judgment in a paternity action or in an action
23under s. 767.001 (1) (f) or (j), 767.501, 767.804 (2), or 767.805 (3), the court shall do
24all of the following:
AB166,21 25Section 21. 767.511 (5) of the statutes is amended to read:
AB166,13,3
1767.511 (5) Liability for past support. Subject to ss. 767.804 (4), 767.805 (4m),
2and 767.89 (4), liability for past support is limited to the period after the birth of the
3child.
AB166,22 4Section 22. 767.513 (2) of the statutes is amended to read:
AB166,13,225 767.513 (2) Responsibility and payment. In addition to ordering child support
6for a child under s. 767.511 (1), the court shall specifically assign responsibility for
7and direct the manner of payment of the child's health care expenses. In assigning
8responsibility for a child's health care expenses, the court shall consider whether a
9child is covered under a parent's health insurance policy or plan at the time the court
10approves a stipulation for child support under s. 767.34, enters a judgment of
11annulment, divorce, or legal separation, or enters an order or a judgment in a
12paternity action or in an action under s. 767.001 (1) (f) or (j), 767.501, 767.804 (2), or
13767.805 (3), the availability of health insurance to each parent through an employer
14or other organization, the extent of coverage available to a child, and the costs to the
15parent for the coverage of the child. A parent may be required to initiate or continue
16health care insurance coverage for a child under this section. If a parent is required
17to do so, he or she shall provide copies of necessary program or policy identification
18to the custodial parent and is liable for any health care costs for which he or she
19receives direct payment from an insurer. This section shall not be construed to limit
20the authority of the court to enter or modify support orders containing provisions for
21payment of medical expenses, medical costs, or insurance premiums that are in
22addition to and not inconsistent with this section.
AB166,23 23Section 23. 767.55 (1) of the statutes is amended to read:
AB166,14,324 767.55 (1) Generally. In an action for modification of a child support order
25under s. 767.59 or an action in which an order for child support is required under s.

1767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), the court may order either or both
2parents of the child to seek employment or participate in an employment or training
3program.
AB166,24 4Section 24. 767.55 (2) (am) (intro.) of the statutes is amended to read:
AB166,14,115 767.55 (2) (am) (intro.) In an action for modification of a child support order
6under s. 767.59, an action in which an order for child support is required under s.
7767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), or a contempt of court proceeding
8to enforce a child support or family support order in a county that contracts under
9s. 49.36 (2), the court may order a parent who is not a custodial parent to register for
10a work experience and job training program under s. 49.36 if all of the following
11conditions are met:
AB166,25 12Section 25. 767.55 (3) (a) 1. of the statutes is amended to read:
AB166,14,1513 767.55 (3) (a) 1. Is an action for modification of a child support order under s.
14767.59 or an action in which an order for child support is required under s. 767.511
15(1), 767.804 (3), 767.805 (4), or 767.89 (3).
AB166,26 16Section 26. 767.55 (3) (d) of the statutes is amended to read:
AB166,14,2117 767.55 (3) (d) Paragraph (b) does not limit the authority of a court to issue an
18order, other than an order under par. (b), regarding employment of a parent in an
19action for modification of a child support order under s. 767.59 or an action in which
20an order for child support is required under s. 767.511 (1), 767.804 (3), 767.805 (4),
21or 767.89 (3).
AB166,27 22Section 27. 767.55 (4) (b) (intro.) of the statutes is amended to read:
AB166,15,223 767.55 (4) (b) (intro.) In an action for revision of a judgment or order providing
24for child support under s. 767.59 or an action in which an order for child support is

1required under s. 767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), the court shall
2order an unemployed teenage parent to do one or more of the following:
AB166,28 3Section 28. 767.59 (2s) of the statutes is amended to read:
AB166,15,94 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c),
5the court may not approve a stipulation for the revision of a judgment or order with
6respect to an amount of child support or family support unless the stipulation
7provides for payment of an amount of child support or family support that is
8determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14),
9767.511, 767.804 (3), 767.805 (4), or 767.89, whichever is appropriate.
AB166,29 10Section 29. 767.73 (1) (a) of the statutes is amended to read:
AB166,15,1711 767.73 (1) (a) In this subsection, “support payment" means a payment ordered
12for support under s. 767.521, support under s. 767.501, child support or family
13support under s. 767.225, child support under s. 767.511, family support under s.
14767.531, revised child or family support under s. 767.59, or child support under s.
15767.863 (3), child support under s. 767.85, child support under s. 767.89, child
16support under s. 767.805 (4), child support under ch. 769, or child support under s.

17767.511, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, or 948.22 (7) or ch. 769.
AB166,30 18Section 30. 767.75 (1) (b) of the statutes is amended to read:
AB166,16,219 767.75 (1) (b) “Payment order" means an order for child support under this
20chapter, for maintenance payments under s. 767.225 or 767.56, for family support
21under this chapter, for costs ordered under s. 767.804 (3), 767.805 (4), or 767.89 (3),
22for support by a spouse under s. 767.001 (1) (f), or for maintenance payments under
23s. 767.001 (1) (g); an order for or obligation to pay the annual receiving and
24disbursing fee under s. 767.57 (1e) (a); an order for a revision in a judgment or order
25with respect to child support, maintenance, or family support payments under s.

1767.59; a stipulation approved by the court for child support under this chapter; and
2an order for child or spousal support entered under s. 948.22 (7).
AB166,31 3Section 31. 767.77 (1) of the statutes is amended to read:
AB166,16,124 767.77 (1) Definition. In this section, “payment obligation" means an
5obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
6(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
7or maintenance under s. 767.501, child support, family support, or maintenance
8under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
9family support under s. 767.531, attorney fees under s. 767.241, child support or a
10child's health care expenses under s. 767.85, paternity obligations under s. 767.804
11(3),
767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child
12or spousal support under s. 948.22 (7).
AB166,32 13Section 32. 767.78 (1) of the statutes is amended to read:
AB166,16,1814 767.78 (1) Definition. In this section, “financial obligation" means an
15obligation for payment incurred under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a),
1648.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56, 767.61, 767.71, 767.804 (3),
17767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a),
18938.357 (5m) (a), or 938.363 (2).
AB166,33 19Section 33 . 767.80 (1) (intro.) of the statutes is amended to read:
AB166,16,2320 767.80 (1) Who may bring action or file motion. (intro.) The following persons
21may bring an action or file a motion, including an action or motion for declaratory
22judgment, for the purpose of determining the paternity of a child , or for the purpose
23of rebutting the presumption of paternity under s. 891.405, 891.407, or 891.41 (1):
AB166,34 24Section 34 . 767.80 (1) (c) of the statutes is amended to read:
AB166,17,2
1767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male presumed to
2be the child's father under s. 891.405, 891.407, or 891.41 (1).
AB166,35 3Section 35 . 767.80 (1) (hm) of the statutes is created to read:
AB166,17,44 767.80 (1) (hm) The state as provided under s. 767.804 (1) (d).
AB166,36 5Section 36 . 767.80 (5m) of the statutes is amended to read:
AB166,17,246 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
7767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
8male is presumed the child's father under s. 891.41 (1), is adjudicated the child's
9father either under s. 767.89 or by final order or judgment of a court of competent
10jurisdiction in another state, is conclusively determined to be the child's father from
11genetic test results under s. 767.804,
or has acknowledged himself to be the child's
12father under s. 767.805 (1) or a substantially similar law of another state, no order
13or temporary order may be entered for child support, legal custody, or physical
14placement until the male is adjudicated the father using the procedure set forth in
15this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804,
16767.805, 767.85, and 769.401, the exclusive procedure for establishment of child
17support obligations, legal custody, or physical placement rights for a male who is not
18presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
19determined to be the child's father from genetic test results under s. 767.804,
or
20acknowledged under s. 767.805 (1) or a substantially similar law of another state to
21be the father is by an action under this subchapter, except s. 767.804 or 767.805, or
22under s. 769.402. No person may waive the use of this procedure. If a presumption
23under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the
24presumption.
AB166,37 25Section 37 . 767.80 (6m) of the statutes is amended to read:
AB166,18,8
1767.80 (6m) When action must be commenced. The attorney designated under
2sub. (6) (a) shall commence an action under this section on behalf of the state within
36 months after receiving notification under s. 69.03 (15) that no father is named on
4the birth record of a child who is a resident of the county if paternity has not been
5conclusively determined from genetic test results under s. 767.804, acknowledged
6under s. 767.805 (1) or a substantially similar law of another state , or adjudicated,
7except in situations under s. 69.14 (1) (g) and (h) and as provided by the department
8by rule.
AB166,38 9Section 38. 767.804 of the statutes is created to read:
AB166,18,15 10767.804 Genetic test results. (1) Conclusive determination of paternity.
11(a) If genetic tests have been performed with respect to a child, the child's mother,
12and a male alleged, or alleging himself, to be the child's father, the test results
13constitute a conclusive determination of paternity, effective on the date on which the
14report under par. (c) is submitted to the state registrar, which has the same effect as
15a judgment of paternity, if all of the following apply:
AB166,18,1616 1. Both the child's mother and the male are over the age of 18 years.
AB166,18,1817 2. The genetic tests were required to be performed by a county child support
18agency under s. 59.53 (5) pursuant to s. 49.225.
AB166,18,2019 3. The test results show that the male is not excluded as the father and that
20the statistical probability of the male's parentage is 99.0 percent or higher.
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