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SB566,64,63 2. If the order does not require periodic payments because the father parent has
4no present ability to pay or contribute to the expenses, the court may modify the
5judgment or order at a later date to require periodic payments if the father parent
6has the ability to pay at that time.
SB566,64,11 7(5) Voiding determination. (a) A determination of paternity parentage that
8arises under this section may be voided at any time upon a motion or petition stating
9facts that show fraud, duress or a mistake of fact. Except for good cause shown, any
10orders entered under sub. (4) shall remain in effect during the pendency of a
11proceeding under this paragraph.
SB566,64,1812 (b) If a court in a proceeding under par. (a) determines that the male person is
13not the father parent of the child, the court shall vacate any order entered under sub.
14(4) with respect to the male person. The court or the county child support agency
15under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
16(1) (b), to remove the male's person's name as the father parent of the child from the
17child's birth record. No paternity action may thereafter be brought against the male
18person with respect to the child.
SB566,64,20 19(6) (a) (intro.) This section does not apply unless all of the following apply to
20the statement acknowledging paternity parentage:
SB566,146 21Section 146 . 767.855 of the statutes is amended to read:
SB566,65,4 22767.855 Dismissal if adjudication not in child's best interest. Except as
23provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
24child, upon the motion of a party or guardian ad litem or the child's mother if she is
25not a party
, the court or supplemental court commissioner under s. 757.675 (2) (g)

1may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet
2been taken, and dismiss the action if the court or supplemental court commissioner
3determines that a judicial determination of whether the male is the father of the
4child is not in the best interest of the child.
SB566,147 5Section 147. 767.863 (1m) of the statutes is amended to read:
SB566,65,166 767.863 (1m) Paternity allegation by male person other than husband
7spouse; when determination not in best interest of child. In an action to establish
8the paternity of a child who was born to a woman while she was married, if a male
9person other than the woman's husband spouse alleges that he, not the husband
10woman's spouse, is the child's father biological parent, a party, or the woman if she
11is not a party,
may allege that a judicial determination that a male person other than
12the husband woman's spouse is the father biological parent is not in the best interest
13of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
14(g) determines that a judicial determination of whether a male person other than the
15husband woman's spouse is the father biological parent is not in the best interest of
16the child, no genetic tests may be ordered and the action shall be dismissed.
SB566,148 17Section 148 . 767.87 (1m) (intro.) of the statutes is amended to read:
SB566,65,2218 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
19the petitioner shall present a certified copy of the child's birth record or a printed copy
20of the record from the birth database of the state registrar to the court, so that the
21court is aware of whether a name has been inserted on the birth record as the father
22parent of the child other than the mother, at the earliest possible of the following:
SB566,149 23Section 149 . 767.87 (8) of the statutes is amended to read:
SB566,66,324 767.87 (8) Burden of proof. The party bringing an action for the purpose of
25determining paternity or for the purpose of declaring the nonexistence of paternity

1presumed under s. 891.405 or the nonexistence of parentage presumed under s.
2891.41 (1) shall have the burden of proving the issues involved by clear and
3satisfactory preponderance of the evidence.
SB566,150 4Section 150. 767.87 (9) of the statutes is amended to read:
SB566,66,85 767.87 (9) Artificial insemination; natural father parent . Where If a child
6is conceived by artificial insemination, the husband spouse of the mother of the child
7at the time of the conception of the child is the natural father parent of the child, as
8provided in s. 891.40.
SB566,151 9Section 151. 767.883 (1) of the statutes is amended to read:
SB566,67,510 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
11dealing with the determination of paternity and the 2nd part dealing with child
12support, legal custody, periods of physical placement, and related issues. The main
13issue at the first part shall be whether the alleged or presumed father parent is or
14is not the father parent of the mother's child, but if the child was born to the mother
15while she was the lawful wife spouse of a specified male person, the prior issue of
16whether the husband mother's spouse was not the father parent of the child shall be
17determined first, as provided under s. 891.39. The first part of the trial shall be by
18jury only if the defendant verbally requests a jury trial either at the initial
19appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial
20hearing. The court may direct and, if requested by either party before the
21introduction of any testimony in the party's behalf, shall direct the jury to find a
22special verdict as to any of the issues specified in this section, except that the court
23shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
24becomes insane, cannot be found within the jurisdiction, or fails to commence or
25pursue the action, the proceeding does not abate if any of the persons under s. 767.80

1(1) makes a motion to continue. The testimony of the mother taken at the pretrial
2hearing may in any such case be read in evidence if it is competent, relevant, and
3material. The issues of child support, custody, and visitation, and related issues shall
4be determined by the court either immediately after the first part of the trial or at
5a later hearing before the court.
SB566,152 6Section 152. 769.316 (9) of the statutes is amended to read:
SB566,67,97 769.316 (9) The defense of immunity based on the relationship of husband and
8wife
between spouses or parent and child does not apply in a proceeding under this
9chapter.
SB566,153 10Section 153 . 769.401 (2) (a) of the statutes is amended to read:
SB566,67,1111 769.401 (2) (a) A parent or presumed father parent of the child.
SB566,154 12Section 154 . 769.401 (2) (g) of the statutes is repealed.
SB566,155 13Section 155. 815.20 (1) of the statutes is amended to read:
SB566,68,214 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
15resident owner and occupied by him or her shall be exempt from execution, from the
16lien of every judgment, and from liability for the debts of the owner to the amount
17of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and
18taxes, and except as otherwise provided. The exemption shall not be impaired by
19temporary removal with the intention to reoccupy the premises as a homestead nor
20by the sale of the homestead, but shall extend to the proceeds derived from the sale
21to an amount not exceeding $75,000, while held, with the intention to procure
22another homestead with the proceeds, for 2 years. The exemption extends to land
23owned by husband and wife spouses jointly or in common or as marital property, and
24each spouse may claim a homestead exemption of not more than $75,000. The

1exemption extends to the interest therein of tenants in common, having a homestead
2thereon with the consent of the cotenants, and to any estate less than a fee.
SB566,156 3Section 156. 822.40 (4) of the statutes is amended to read:
SB566,68,74 822.40 (4) A privilege against disclosure of communications between spouses
5and a defense of immunity based on the relationship of husband and wife between
6spouses
or parent and child may not be invoked in a proceeding under this
7subchapter.
SB566,157 8Section 157. 851.30 (2) (a) of the statutes is amended to read:
SB566,68,139 851.30 (2) (a) An individual who obtains or consents to a final decree or
10judgment of divorce from the decedent or an annulment of their marriage, if the
11decree or judgment is not recognized as valid in this state, unless they subsequently
12participate in a marriage ceremony purporting to marry each other or they
13subsequently hold themselves out as husband and wife married to each other.
SB566,158 14Section 158 . 852.01 (1) (f) 1. of the statutes is amended to read:
SB566,68,1815 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if
16both survive, or to the surviving maternal grandparent on that side; if both maternal
17grandparents on that side are deceased, to the issue of the maternal grandparents
18on that side or either of them, per stirpes.
SB566,159 19Section 159 . 852.01 (1) (f) 2. of the statutes is amended to read:
SB566,68,2120 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same
21manner as to the maternal relations under subd. 1.
SB566,160 22Section 160 . 852.01 (1) (f) 3. of the statutes is amended to read:
SB566,68,2523 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving
24grandparent or issue of a grandparent, the entire estate to the decedent's relatives
25on the other side.
SB566,161
1Section 161. 854.03 (3) of the statutes is amended to read:
SB566,69,82 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a
3husband and wife
2 spouses die leaving marital property and it is not established
4that one survived the other by at least 120 hours, 50 percent of the marital property
5shall be distributed as if it were the husband's the first spouse's individual property
6and the husband 2nd spouse had survived, and 50 percent of the marital property
7shall be distributed as if it were the wife's 2nd spouse's individual property and the
8wife first spouse had survived.
SB566,162 9Section 162 . 891.39 (title) of the statutes is amended to read:
SB566,69,11 10891.39 (title) Presumption as to whether a child is marital or
11nonmarital;
self-crimination self-incrimination; birth certificates.
SB566,163 12Section 163 . 891.39 (1) (a) of the statutes is amended to read:
SB566,70,213 891.39 (1) (a) Whenever it is established in an action or proceeding that a child
14was born to a woman while she was the lawful wife of legally married to a specified
15man person, any party asserting in such action or proceeding that the husband was
16spouse is not the father parent of the child shall have the burden of proving that
17assertion by a clear and satisfactory preponderance of the evidence. In all such
18actions or proceedings the husband and the wife spouses are competent to testify as
19witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
20litem to appear for and represent the child whose paternity parentage is questioned.
21Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person
22other than the husband mother's spouse is not excluded as the father of the child and
23that the statistical probability of the man's person's parentage is 99.0 percent or
24higher constitute a clear and satisfactory preponderance of the evidence of the

1assertion under this paragraph, even if the husband mother's spouse is unavailable
2to submit to genetic tests, as defined in s. 767.001 (1m).
SB566,164 3Section 164 . 891.39 (1) (b) of the statutes is amended to read:
SB566,70,114 891.39 (1) (b) In actions affecting the family , in which the question of paternity
5parentage is raised, and in paternity proceedings, the court, upon being satisfied that
6the parties to the action are unable to adequately compensate any such guardian ad
7litem for the guardian ad litem's services and expenses, shall then make an order
8specifying the guardian ad litem's compensation and expenses, which compensation
9and expenses shall be paid as provided in s. 967.06. If the court orders a county to
10pay the compensation of the guardian ad litem, the amount ordered may not exceed
11the compensation paid to private attorneys under s. 977.08 (4m) (b).
SB566,165 12Section 165 . 891.39 (3) of the statutes is amended to read:
SB566,70,1913 891.39 (3) If any court under this section adjudges a child to be a nonmarital
14child, the clerk of court shall report the facts to the state registrar, who shall issue
15a new birth record showing the correct facts as found by the court, and shall dispose
16of the original, with the court's report attached under s. 69.15 (3). If the husband
17mother's spouse is a party to the action and the court makes a finding as to whether
18or not the husband mother's spouse is the father parent of the child, such finding
19shall be conclusive in all other courts of this state.
SB566,166 20Section 166 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
21amended to read:
SB566,71,322 891.40 (1) (a) If, under the supervision of a licensed physician and with the
23spouse's consent of her husband, a wife person is inseminated artificially as provided
24in par. (b)
with semen donated by a man person who is not her husband the spouse
25of the person being inseminated
, the husband spouse of the mother inseminated

1person
at the time of the conception of the child shall be the natural father parent
2of a child conceived. The husband's spouse's consent must be in writing and signed
3by him or her and his wife. The by the inseminated person.
SB566,71,10 4(c) 1. If the artificial insemination under par. (a) takes place under the
5supervision of a licensed physician, the
physician shall certify their the signatures
6on the consent and the date of the insemination, and shall file the husband's spouse's
7consent with the department of health services, where it shall be kept. If the
8artificial insemination under par. (a) does not take place under the supervision of a
9licensed physician, the spouses shall file the signed consent, which shall include the
10date of the insemination, with the department of health services.
SB566,71,12 112. The department of health services shall keep a consent filed under subd. 1.
12confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,
SB566,71,14 133. Notwithstanding subd. 1., the physician's or spouses' failure to file the
14consent form does not affect the legal status of father natural parent and child.
SB566,71,18 15(d) All papers and records pertaining to the artificial insemination under par.
16(a)
, whether part of the permanent record of a court or of a file held by the a
17supervising physician or sperm bank or elsewhere, may be inspected only upon an
18order of the court for good cause shown.
SB566,167 19Section 167 . 891.40 (1) (b) of the statutes is created to read:
SB566,71,2120 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the
21following:
SB566,71,2322 1. The artificial insemination takes place under the supervision of a licensed
23physician.
SB566,71,2424 2. The semen used for the insemination is obtained from a sperm bank.
SB566,168 25Section 168 . 891.40 (2) of the statutes is amended to read:
SB566,72,4
1891.40 (2) The donor of semen provided to a licensed physician or obtained from
2a sperm bank
for use in the artificial insemination of a woman other than the donor's
3wife spouse is not the natural father parent of a child conceived, bears no liability for
4the support of the child, and has no parental rights with regard to the child.
SB566,169 5Section 169 . 891.40 (3) of the statutes is created to read:
SB566,72,86 891.40 (3) This section applies with respect to children conceived before, on,
7or after the effective date of this subsection .... [LRB inserts date], as a result of
8artificial insemination.
SB566,170 9Section 170 . 891.405 of the statutes is amended to read:
SB566,72,14 10891.405 Presumption of paternity parentage based on
11acknowledgment.
A man person is presumed to be the natural father parent of a
12child if he the person and the mother person who gave birth have acknowledged
13paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is
14presumed to be the father natural parent under s. 891.41 (1).
SB566,171 15Section 171 . 891.41 (title) of the statutes is amended to read:
SB566,72,17 16891.41 (title) Presumption of paternity parentage based on marriage of
17the parties.
SB566,172 18Section 172 . 891.41 (1) (intro.) of the statutes is amended to read:
SB566,72,2019 891.41 (1) (intro.) A man person is presumed to be the natural father parent
20of a child if any of the following applies:
SB566,173 21Section 173 . 891.41 (1) (a) of the statutes is amended to read:
SB566,72,2522 891.41 (1) (a) He The person and the child's established natural mother parent
23are or have been married to each other and the child is conceived or born after
24marriage and before the granting of a decree of legal separation, annulment, or
25divorce between the parties.
SB566,174
1Section 174. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
2and amended to read:
SB566,73,73 891.41 (1) (b) (intro.) He The person and the child's established natural mother
4parent were married to each other after the child was born but he the person and the
5child's established natural mother parent had a relationship with one another
6during the period of time within which the child was conceived and no other man all
7of the following apply:
SB566,73,8 81. No person has been adjudicated to be the father or.
SB566,73,10 92. No other person is presumed to be the father parent of the child under par.
10(a).
SB566,175 11Section 175 . 891.41 (2) of the statutes is amended to read:
SB566,73,1812 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
13rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
14man person other than the man person presumed to be the father parent under sub.
15(1) is not excluded as the father of the child and that the statistical probability of the
16man's person's parentage is 99.0 percent or higher, even if the man person presumed
17to be the father natural parent under sub. (1) is unavailable to submit to genetic
18tests, as defined in s. 767.001 (1m).
SB566,176 19Section 176 . 891.41 (3) of the statutes is created to read:
SB566,73,2120 891.41 (3) This section applies with respect to children born before, on, or after
21the effective date of this subsection .... [LRB inserts date].
SB566,177 22Section 177. 905.05 (title) of the statutes is amended to read:
SB566,73,23 23905.05 (title) Husband-wife Spousal and domestic partner privilege.
SB566,178 24Section 178. 938.02 (13) of the statutes is amended to read:
SB566,74,17
1938.02 (13) “Parent" means a biological natural parent, a husband who has
2consented to the artificial insemination of his wife under s. 891.40,
or a parent by
3adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
4do not subsequently intermarry under s. 767.803, “parent" includes a person
5acknowledged under s. 767.805 or a substantially similar law of another state or
6adjudicated to be the biological father. “Parent" does not include any person whose
7parental rights have been terminated. For purposes of the application of s. 938.028
8and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
9biological natural parent of an Indian child, an Indian husband spouse who has
10consented to the artificial insemination of his wife or her spouse under s. 891.40, or
11an Indian person who has lawfully adopted an Indian juvenile, including an adoption
12under tribal law or custom, and includes, in the case of a nonmarital Indian child who
13is not adopted or whose parents do not subsequently intermarry under s. 767.803,
14a person acknowledged under s. 767.805, a substantially similar law of another state,
15or tribal law or custom to be the biological father or a person adjudicated to be the
16biological father, but does not include any person whose parental rights have been
17terminated.
SB566,179 18Section 179 . 938.396 (2g) (g) of the statutes is amended to read:
SB566,75,519 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having
20jurisdiction over actions affecting the family, an attorney responsible for support
21enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
22IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
23subject of that proceeding to review or be provided with information from the records
24of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
25to the paternity parentage of a juvenile for the purpose of determining the paternity

1parentage of the juvenile or for the purpose of rebutting the presumption of paternity
2under s. 891.405 or the presumption of parentage under s. 891.41, the court assigned
3to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the
4requester its records relating to the paternity parentage of the juvenile or disclose
5to the requester those records.
SB566,180 6Section 180. 943.20 (2) (c) of the statutes is amended to read:
SB566,75,97 943.20 (2) (c) “Property of another" includes property in which the actor is a
8co-owner and property of a partnership of which the actor is a member, unless the
9actor and the victim are husband and wife married to each other.
SB566,181 10Section 181 . 943.201 (1) (b) 8. of the statutes is amended to read:
SB566,75,1211 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
12before marriage if the surname was changed as a result of marriage
.
SB566,182 13Section 182. 943.205 (2) (b) of the statutes is amended to read:
SB566,75,1614 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
15partnership of which the person charged is a member, unless the person charged and
16the victim are husband and wife married to each other.
SB566,183 17Section 183 . 990.01 (22m) of the statutes is created to read:
SB566,75,2018 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who
19is not an adoptive parent, whether the parent is biologically related to the child or
20not.
SB566,184 21Section 184. 990.01 (39) of the statutes is created to read:
SB566,75,2322 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different
23sexes who are legally married to each other.
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