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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.
SB566,185 24Section 185. 990.01 (40m) of the statutes is created to read:
SB566,76,2
1990.01 (40m) Stepparent. “ Stepparent" means a person who is the spouse of
2a child's parent and who is not also a parent of the child.
SB566,186 3Section 186 . Nonstatutory provisions.
SB566,76,154 (1) Legislative intent. The legislature intends this act to harmonize the
5language of the Wisconsin statutes relating to marriage and the determination of
6parentage with the provision of s. 990.001 (2), which specifies that words importing
7one gender extend and may be applied to any gender. The legislature intends that
8by amending the statutes relating to marriage and the determination of parentage
9with respect to married couples to use gender neutral language where appropriate
10so as to clarify that the same statutory rights and responsibilities apply between
11married persons of the same sex as between married persons of different sexes and
12to extend some of the presumptions of paternity to either parent, the Wisconsin
13statutes will be better aligned with the holding of the U.S. Supreme Court in
14Obergefell v. Hodges, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015), which recognizes that
15same-sex couples have a fundamental constitutional right to marriage.
SB566,76,1616 (End)
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