SB566: Bill Text

SB566,72,17 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

SB566,172 Section 172 . 891.41 (1) (intro.) of the statutes is amended to read:

SB566,72,20 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

SB566,173 Section 173 . 891.41 (1) (a) of the statutes is amended to read:

SB566,72,25 891.41 (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.

SB566,174 Section 174. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

SB566,73,7 891.41 (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:

SB566,73,8 1. No person has been adjudicated to be the father or.

SB566,73,10 2. No other person is presumed to be the father parent of the child under par. (a).

SB566,175 Section 175 . 891.41 (2) of the statutes is amended to read:

SB566,73,18 891.41 (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).

SB566,176 Section 176 . 891.41 (3) of the statutes is created to read:

SB566,73,21 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

SB566,177 Section 177. 905.05 (title) of the statutes is amended to read:

SB566,73,23 905.05 (title) Husband-wife Spousal and domestic partner privilege.

SB566,178 Section 178. 938.02 (13) of the statutes is amended to read:

SB566,74,17 938.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father or a person adjudicated to be the biological father, but does not include any person whose parental rights have been terminated.

SB566,179 Section 179 . 938.396 (2g) (g) of the statutes is amended to read:

SB566,75,5 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating to the paternity parentage of a juvenile for the purpose of determining the paternity parentage of the juvenile or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by the requester its records relating to the paternity parentage of the juvenile or disclose to the requester those records.

SB566,180 Section 180. 943.20 (2) (c) of the statutes is amended to read:

SB566,75,9 943.20 (2) (c) “Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

SB566,181 Section 181 . 943.201 (1) (b) 8. of the statutes is amended to read:

SB566,75,12 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent before marriage if the surname was changed as a result of marriage.

SB566,182 Section 182. 943.205 (2) (b) of the statutes is amended to read:

SB566,75,16 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

SB566,183 Section 183 . 990.01 (22m) of the statutes is created to read:

SB566,75,20 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

SB566,184 Section 184. 990.01 (39) of the statutes is created to read:

SB566,75,23 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

SB566,185 Section 185. 990.01 (40m) of the statutes is created to read:

SB566,76,2 990.01 (40m) Stepparent. “ Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

SB566,186 Section 186 . Nonstatutory provisions.

SB566,76,15 (1) Legislative intent. The legislature intends this act to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of paternity to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage.

SB566,76,16 (End)