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AB484,140,106 938.299 (6) Establishment of paternity when man alleges paternity
7parentage. (intro.) If a man person who has been given notice under s. 938.27 (3)
8(b) 1. appears at any hearing for which he the person received the notice, alleges that
9he is the father
to be the parent of the juvenile , and states that he wishes requests
10to establish the paternity parentage of the juvenile, all of the following apply:
AB484,329 11Section 329 . 938.299 (6) (e) 1., 2., 3. and 4. of the statutes are amended to read:
AB484,140,1612 938.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines
13genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
14cells of another body material for the purpose of determining the statistical
15probability that a man person who is alleged to be a juvenile's father parent is the
16juvenile's biological father parent.
AB484,140,1917 2. The court shall, at the hearing, orally inform any man person specified in
18sub. (6) (intro.) that he the person may be required to pay for any testing ordered by
19the court under this paragraph or under s. 885.23.
AB484,141,720 3. In addition to ordering testing as provided under s. 885.23, if the court
21determines that it would be in the best interests of the juvenile, the court may order
22any man person specified in sub. (6) (intro.) to submit to one or more genetic tests
23which shall be performed by an expert qualified as an examiner of genetic markers
24present on the cells and of the specific body material to be used for the tests, as
25appointed by the court. A report completed and certified by the court-appointed

1expert stating genetic test results and the statistical probability that the man alleged
2to be the juvenile's father parent is the juvenile's biological father parent based upon
3the genetic tests is admissible as evidence without expert testimony and may be
4entered into the record at any hearing. The court, upon request by a party, may order
5that independent tests be performed by other experts qualified as examiners of
6genetic markers present on the cells of the specific body materials to be used for the
7tests.
AB484,141,128 4. If the genetic tests show that an alleged father parent is not excluded and
9that the statistical probability that the alleged father parent is the juvenile's
10biological father parent is 99.0 percent or higher, the court may determine that for
11purposes of a proceeding under this chapter or ch. 48, other than a proceeding under
12subch. VIII of ch. 48, the man alleged parent is the juvenile's biological parent.
AB484,330 13Section 330 . 938.299 (7) and (8) of the statutes are amended to read:
AB484,141,2214 938.299 (7) Establishment of paternity parentage when no man person
15alleges
paternity parentage. If a man person who has been given notice under s.
16938.27 (3) (b) 1. appears at any hearing for which he the person received the notice
17but does not allege that he is the father to be the parent of the juvenile and state that
18he
wishes to establish the paternity parentage of the juvenile or if no man person to
19whom such notice was given appears at a hearing, the court may refer the matter to
20the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a)
21for a determination, under s. 767.80, of whether an action should be brought for the
22purpose of determining the paternity parentage of the juvenile.
AB484,142,3 23(8) Testimony of juvenile's mother person who gave birth to a juvenile
24relating to
paternity parentage. As part of the proceedings under this chapter, the
25court may order that a record be made of any testimony of the juvenile's mother

1person who gave birth to the juvenile relating to the juvenile's paternity parentage.
2A record made under this subsection is admissible in a proceeding to determine the
3juvenile's paternity parentage under subch. IX of ch. 767.
AB484,331 4Section 331 . 938.355 (4g) (a) 1. of the statutes is amended to read:
AB484,142,115 938.355 (4g) (a) 1. The juvenile's parents are parties to a pending action for
6divorce, annulment, or legal separation, a man person determined under s. 938.299
7(6) (e) 4. to be the biological father parent of the juvenile for purposes of a proceeding
8under this chapter is a party to a pending action to determine paternity parentage
9of the juvenile under ch. 767, or the juvenile is the subject of a pending independent
10action under s. 767.41 or 767.43 to determine legal custody of the juvenile or
11visitation rights with respect to the juvenile.
AB484,332 12Section 332. 939.24 (1) of the statutes is amended to read:
AB484,142,1913 939.24 (1) In this section, “criminal recklessness" means that the actor creates
14an unreasonable and substantial risk of death or great bodily harm to another
15human being and the actor is aware of that risk, except that for purposes of ss. 940.02
16(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness" means that the
17actor creates an unreasonable and substantial risk of death or great bodily harm to
18an unborn child, to the woman person who is pregnant with that unborn child, or to
19another and the actor is aware of that risk.
AB484,333 20Section 333. 939.25 (1) of the statutes is amended to read:
AB484,143,321 939.25 (1) In this section, “criminal negligence" means ordinary negligence to
22a high degree, consisting of conduct that the actor should realize creates a
23substantial and unreasonable risk of death or great bodily harm to another, except
24that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence"
25means ordinary negligence to a high degree, consisting of conduct that the actor

1should realize creates a substantial and unreasonable risk of death or great bodily
2harm to an unborn child, to the woman person who is pregnant with that unborn
3child, or to another.
AB484,334 4Section 334. 940.01 (1) (b) of the statutes is amended to read:
AB484,143,75 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an
6unborn child with intent to kill that unborn child, kill the woman person who is
7pregnant with that unborn child, or kill another is guilty of a Class A felony.
AB484,335 8Section 335. 940.02 (1m) of the statutes is amended to read:
AB484,143,129 940.02 (1m) Whoever recklessly causes the death of an unborn child under
10circumstances that show utter disregard for the life of that unborn child, the woman
11person who is pregnant with that unborn child , or another is guilty of a Class B
12felony.
AB484,336 13Section 336 . 940.05 (2g) (intro.) of the statutes is amended to read:
AB484,143,1614 940.05 (2g) (intro.) Whoever causes the death of an unborn child with intent
15to kill that unborn child, kill the woman person who is pregnant with that unborn
16child or kill another is guilty of a Class B felony if:
AB484,337 17Section 337. 940.05 (2h) of the statutes is amended to read:
AB484,143,2018 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
19that the defendant caused the death of an unborn child with intent to kill that unborn
20child, kill the woman person who is pregnant with that unborn child, or kill another.
AB484,338 21Section 338. 940.195 (1) of the statutes is amended to read:
AB484,143,2422 940.195 (1) Whoever causes bodily harm to an unborn child by an act done with
23intent to cause bodily harm to that unborn child, to the woman person who is
24pregnant with that unborn child, or another is guilty of a Class A misdemeanor.
AB484,339 25Section 339. 940.195 (2) of the statutes is amended to read:
AB484,144,3
1940.195 (2) Whoever causes substantial bodily harm to an unborn child by an
2act done with intent to cause bodily harm to that unborn child, to the woman person
3who is pregnant with that unborn child, or another is guilty of a Class I felony.
AB484,340 4Section 340. 940.195 (4) of the statutes is amended to read:
AB484,144,75 940.195 (4) Whoever causes great bodily harm to an unborn child by an act
6done with intent to cause bodily harm to that unborn child, to the woman person who
7is pregnant with that unborn child, or another is guilty of a Class H felony.
AB484,341 8Section 341. 940.195 (5) of the statutes is amended to read:
AB484,144,129 940.195 (5) Whoever causes great bodily harm to an unborn child by an act
10done with intent to cause great bodily harm to that unborn child, to the woman
11person who is pregnant with that unborn child , or another is guilty of a Class E
12felony.
AB484,342 13Section 342. 940.23 (1) (b) of the statutes is amended to read:
AB484,144,1714 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child
15under circumstances that show utter disregard for the life of that unborn child, the
16woman person who is pregnant with that unborn child, or another is guilty of a Class
17D felony.
AB484,343 18Section 343. 943.20 (2) (c) of the statutes is amended to read:
AB484,144,2119 943.20 (2) (c) “Property of another" includes property in which the actor is a
20co-owner and property of a partnership of which the actor is a member, unless the
21actor and the victim are husband and wife married to each other.
AB484,344 22Section 344 . 943.201 (1) (b) 8. of the statutes is amended to read:
AB484,144,2423 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
24before marriage if the surname was changed as a result of marriage
.
AB484,345 25Section 345 . 943.205 (2) (b) of the statutes is amended to read:
AB484,145,3
1943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
2partnership of which the person charged is a member, unless the person charged and
3the victim are husband and wife married to each other.
AB484,346 4Section 346 . 944.17 (3) of the statutes is amended to read:
AB484,145,65 944.17 (3) Subsection (2) does not apply to a mother's breast-feeding person's
6breastfeeding
of her that person's child.
AB484,347 7Section 347 . 944.20 (2) of the statutes is amended to read:
AB484,145,98 944.20 (2) Subsection (1) does not apply to a mother's breast-feeding person's
9breastfeeding
of her that person's child.
AB484,348 10Section 348 . 948.10 (2) (b) of the statutes is amended to read:
AB484,145,1211 948.10 (2) (b) A mother's breast-feeding person's breastfeeding of her that
12person's
child.
AB484,349 13Section 349 . 948.31 (2) of the statutes is amended to read:
AB484,145,2114 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a
15child for more than 12 hours from the child's parents or, in the case of a nonmarital
16child whose parents do not subsequently intermarry under s. 767.803, from the
17child's mother or, if he has been granted legal custody, the child's father a parent with
18legal custody of the child
, without the consent of the parents , the mother or the father
19or the parent with legal custody, is guilty of a Class I felony. This subsection is not
20applicable if legal custody has been granted by court order to the person taking or
21withholding the child.
AB484,350 22Section 350. 990.01 (19j) (b) of the statutes is amended to read:
AB484,146,423 990.01 (19j) (b) “Live birth" means the complete expulsion or extraction from
24his or her mother an individual, of a human being, at any stage of development, who,
25after the expulsion or extraction, breathes or has a beating heart, pulsation of the

1umbilical cord, or definite movement of voluntary muscles, regardless of whether the
2umbilical cord has been cut, and regardless of whether the expulsion or extraction
3occurs as a result of natural or induced labor, a cesarean section, or an abortion, as
4defined in s. 253.10 (2) (a).
AB484,351 5Section 351 . 990.01 (22m) of the statutes is created to read:
AB484,146,86 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who
7is not an adoptive parent, whether the parent is biologically related to the child or
8not.
AB484,352 9Section 352 . 990.01 (39) of the statutes is created to read:
AB484,146,1110 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different
11sexes who are legally married to each other.
AB484,353 12Section 353 . 990.01 (40m) of the statutes is created to read:
AB484,146,1413 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of
14a child's parent and who is not also a parent of the child.
AB484,354 15Section 354 . Nonstatutory provisions.
AB484,146,1616 (1) Terminology changes.
AB484,147,2517 (a) In the statutes indicated, replace “paternity” with “parentage”: ss. 13.63 (1)
18(b), 13.64 (2), 29.024 (2g) (d) 1., 29.229 (5m) (c), 45.01 (4), 46.03 (7) (bm), 48.235 (4)
19(a) 7m. and (4m) (a) 7m., 48.299 (6) (a), (d), and (e) 5., 48.355 (4g) (a) (intro.) and (d)
201., 48.396 (2) (dm), 48.40 (1r), 48.42 (2) (b) (intro.) and (bm) (intro.) and (4) (b) 2.,
2148.422 (6) (c), 48.423 (title), 48.46 (1m), 48.48 (11), 48.715 (6), 48.837 (4) (e), 48.91 (2),
2249.141 (1) (i) 2., 49.145 (2) (f) 1. a., 49.19 (4) (h) 1. a., 49.22 (title), (1), (7), and (7g) (a),
2349.463 (3) (title) and (b) 1. b. and 2. (intro.) and b. and (6), 49.48 (3), 49.79 (6q) (title)
24and (b) 1. b. and 2. (intro.) and b. and (6u) (title) and (a) 1., 49.83, 49.855 (6), 49.857
25(1) (f), 49.90 (2r) and (11), 59.40 (2) (p), 59.53 (5) (title) and (a), 69.15 (3) (d) and (3m)

1(a) (intro.), 93.135 (3), 102.17 (1) (cm), 103.275 (2) (bm), 103.34 (10) (b), 103.91 (4) (b),
2103.92 (6), 104.07 (5), 105.13 (2), 115.315, 118.19 (1r) (b), 138.09 (3) (am) 3. and (4)
3(b), 138.12 (4) (b) 6. and (5) (am) 1. c. and 2., 138.14 (5) (b) 3. and (9) (b), 165.85 (3)
4(cm) and (3m) (a), 169.34 (3) (a), 170.12 (8) (b) 1. c. and 2., 202.021 (4) (a) 7., 202.06
5(2) (e), 217.06 (6), 217.09 (1m), 218.0116 (1g) (a) and (1m) (a) 3. and (b), 218.02 (3) (e),
6(6) (b), and (9) (a) 2., 218.04 (4) (am) 3. and (5) (am), 218.05 (4) (c) 3., (11) (c), and (12)
7(am), 218.11 (6m) (a), 218.12 (3m) (a), 218.22 (3m) (a), 218.32 (3m) (a), 218.41 (3m)
8(a), 218.51 (4m) (a), 224.72 (7m) (c), 224.725 (6) (c), 224.77 (2m) (c), 224.95 (1) (c),
9250.041 (3), 256.17 (3), 299.08 (2), 341.51 (4m) (a), 343.345, 343.66 (2), 440.13 (2) (a)
10and (b), 551.412 (4g) (a) 3. and (b), 562.05 (5) (a) 9. and (8) (d), 563.28 (1), 628.097
11(1m), 628.10 (2) (c), 632.69 (2) (d) 1. and (4) (c), 633.14 (2m) (a), 633.15 (2) (c), 751.15
12(3), 757.675 (2) (g), 757.69 (1) (p) 3., 767.001 (1) (L), 767.01 (2), 767.041 (1) (b), 767.205
13(2) (a) (intro.) and 1. and (b) 2., 767.215 (5) (am), 767.35 (6) and (7), 767.401 (1) (b)
14and (2) (a) and (b), 767.407 (1) (c) and (d) and (4), 767.41 (1) (b) and (1m) (intro.),
15767.511 (1) (intro.), 767.513 (2), 767.521 (intro.), 767.77 (1), 767.80 (title) and (1)
16(intro.), 767.805 (title), (1), (1m), (2) (a), (3) (title) and (a), (4) (intro.), (5) (a), and (6)
17(a) (intro.), (b), and (c), 767.814, 767.815 (intro.), 767.82 (title), (1) (a), (2), (5), (6), and
18(8), 767.83 (2) and (3), 767.84 (title), 767.853 (intro.), (1) (intro.), (2), and (3) (a),
19767.863 (1) and (3), 767.865 (2), 767.87 (title), (1) (intro.) and (f), (2m), (4) (a), and (8),
20767.88 (title), (1), and (2) (intro.), 767.89 (title), (1), (3) (intro.) and (a), (3m) (a) and
21(b), and (4) (a) 1. c., 769.316 (10), 769.401 (2) (b) and (f), 803.01 (3) (b) 1., 814.61 (1)
22(c) 1. and (7) (c), 818.02 (6), 818.05, 822.02 (4), 852.05 (4), 885.06 (1) and (2), 885.10,
23891.39 (1) (b), 893.88, 895.01 (1) (am) 1., 895.4803, 905.04 (4) (g), 938.235 (4) (a) 7m.,
24938.299 (6) (a), (d), and (e) 5., 938.355 (4g) (a) (intro.) and (d) 1., 938.396 (2g) (g),
25948.22 (7) (b) 2. and (bm), 948.31 (1) (a) 1., 977.05 (4) (i) 7., and 977.08 (2) (h).
AB484,148,6
1(b) In the statutes indicated, replace “father,” “fathers," or “father's" with
2“parent,” “parents," or “parent's": ss. 48.025 (5) (a) (intro.), 48.42 (2) (b) 3. and (bm)
32., (2m) (a), and (4) (b) 3., 48.422 (6) (b), 48.432 (1) (am) 2. a., 48.837 (4) (e), 48.91 (2),
448.913 (1) (h), (4), and (7), 49.90 (11), 767.83 (2m), 767.84 (1) (b) 3. and (1m), 767.893
5(2) (a) and (b) (intro.), (2m) (c), and (3) (intro.), 769.201 (1m) (gm), and 769.401 (2) (c),
6(d), and (e).
AB484,149,107 (c) In the statutes indicated, replace “mother,” “mothers,” or “mother's” with
8“parent,” “parents,” or “parent's”: ss. 48.01 (1) (a), (am), (ap), (bm), (br), and (h), 48.02
9(1) (am) and (17m), 48.06 (1) (a) 3., 48.067 (1), (2), (3), (4), and (8), 48.069 (1) (a) and
10(c), 48.07 (4), 48.08 (1) and (3), 48.133, 48.135 (title), (1), and (2), 48.14 (5), 48.15,
1148.185 (1) (a) and (b), subch. IV (title) of ch. 48, 48.19 (1) (d) 8., 48.193 (title), (1)
12(intro.) and (d) 1., 2., and 3., and (2), 48.20 (4m), 48.203 (title), (1), (2), (3), (6) (b) and
13(c), and (7), 48.205 (title) and (2), 48.207 (title), (1m) (intro.), (a), (c), (d), and (e), and
14(2) (b), 48.21 (3) (title), (ag), and (b) and (7), 48.213 (title), (1) (a), (2), (3), (4), (4m),
15and (5), 48.217 (title), (1) (a), (b) 1. b., and (c) 3., (2) (a) (as affected by 2021 Wisconsin
16Act 42
), and (2m) (a) and (b) 2., 48.23 (2m) (title), (a), and (c) and (4) (b), 48.235 (3)
17(b) 1. and (4m) (a) 3m., 48.24 (1m), (2) (a), (2m) (a) 6., and (5), 48.243 (1) (intro.), (3),
18and (4), 48.245 (1) (c) and (2) (a) 1., 2., 3., and 4. and (c), 48.25 (1), 48.255 (1m) (intro.),
19(b), (bm), (c), and (e), 48.263 (1), 48.27 (1), (3) (a) 1., (4) (b) 1., and (8), 48.275 (1) and
20(2) (a), (b), (c), and (cg) (intro.), 48.29 (1), 48.293 (2), 48.295 (1c), (1g), (2), and (3),
2148.297 (4) and (5), 48.299 (1) (b) and (4) (b), 48.30 (1), (3), (6) (a), (7), and (8) (a) and
22(c), 48.305, 48.31 (2), (4), and (7) (a), 48.315 (1) (a) and (f), 48.32 (1) (am), (2) (a) and
23(c), (3), (5) (intro.), and (6), 48.33 (1) (a), (b), (c), (d), and (f), 48.345 (3) (cm), 48.347
24(1), (2), (3) (intro.) and (a), (4) (a), and (5) (a) and (b), 48.35 (1) (b) (intro.) and 1., 48.355
25(2) (a), (b) 1., 1m., and 7., and (d), (2m), (5), and (7), 48.356 (2), 48.357 (title), (1) (a)

1and (am) 1. b. and 2. c., (2) (a) 1. (as affected by 2021 Wisconsin Act 42) and (b) 1. and
22., and (2m) (a) 1. (as affected by 2021 Wisconsin Act 42) and (b) 2., 48.36 (2), 48.361
3(2) (b) 1m. and (c), 48.362 (4) (a) and (c), 48.363 (1) (a) and (b), 48.365 (1m), (2), (2g)
4(a), (2m) (b), and (5) (a), 48.375 (2) (c), 48.396 (1), (1b), (1d), (2) (aj) and (ap), and (5)
5(b), (c), and (e), 48.415 (2) (a) 2. a. and b., 48.45 (1) (am) and (b) and (1r), 48.46 (1),
648.48 (1) and (17) (a) 1., 2., and 3., 48.52 (title), (1m) (intro) and (c), and (2) (a), 48.547
7(1) and (3) (intro.), 48.57 (1) (a), (b), (c), and (g), 48.59 (1) and (2), 48.625 (1m), 48.63
8(5) (b), 48.647 (1) (ag) (intro.), 48.78 (2) (aj) and (ap), 48.981 (3) (b) 2m., (bm) (intro.)
9and 2., (c) 2m. a. and b., 3., 5., 6m., and 7., and (d) 1., (4) (a) 4., and (7) (a) 3m., 4., and
105., 301.01 (2) (cm), and 938.34 (3) (cm).
AB484,150,311 (2) Legislative intent. The legislature intends this act to harmonize the
12language of the Wisconsin statutes relating to marriage and the determination of
13parentage with the provision of s. 990.001 (2), which specifies that words importing
14one gender extend and may be applied to any gender. The legislature intends that
15by amending the statutes relating to marriage and the determination of parentage
16with respect to married couples to use gender-neutral language where appropriate
17so as to clarify that the same statutory rights and responsibilities apply between
18married persons of the same sex as between married persons of different sexes and
19to extend some of the presumptions of parentage to either parent, the Wisconsin
20statutes will be better aligned with the holding of the U.S. Supreme Court in
21Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that
22same-sex couples have a fundamental constitutional right to marriage. To the
23extent language remains in Wisconsin law referring to one gender after the effective
24date of this subsection, the rule of construction regarding gender under s. 990.001
25(2) remains applicable, and it is not the intent of the legislature, except to the extent

1necessary to conform to the requirements of federal law, to narrow to one gender the
2construction of any provision for which an application to any gender would be
3appropriate.
AB484,150,44 (End)
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