SB464: Bill Text

Under current law, the paternity of a child may be established by genetic testing in an administrative determination of paternity or in a paternity action in court. The bill changes the term “paternity” to “parentage” in the context of establishing the parent of a child by genetic testing.

The bill defines “natural parent" as a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not. Thus, a person who is a biological parent, a parent by consenting to the artificial insemination of his or her spouse, or a parent under the parentage presumption is a natural parent of a child. The definition applies throughout the statutes wherever the term “natural parent" is used. In addition, the bill expands some references in the statutes to “biological parent" by changing the reference to “natural parent."

Birth certificates

Generally, the bill substitutes the term “spouse" for “husband" in the birth certificate statutes and enters the spouse, instead of the husband, of the person who has given birth on the birth certificate at times when a husband would currently be entered on a birth certificate. The name of the person who has given birth is entered on a birth certificate when the person gives birth to a child, and current law specifies when another name should be entered on the birth certificate. Current law requires that if a birth mother is married at any time from the conception to the birth of a child, then her husband's name is entered on the birth certificate as the legal father of the child. Under the bill, if a person who gives birth is married at any time from the conception to the birth of the child, then that person's spouse's name is entered as a legal parent of the child. The bill also specifies that, in the instance that a second parent's name is initially omitted from the birth certificate, if the state registrar receives a signed acknowledgement of parentage by people presumed to be parents because the two people married after the birth of the child, the two people had a relationship during the time the child was conceived, no person is adjudicated to be the father, and no other person is presumed to be the parent, then the state registrar must enter the name of the spouse of the person who gave birth as a parent on the birth certificate.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

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:

SB464,1 Section 1 . 29.219 (4) of the statutes is amended to read:

SB464,7,5 29.219 (4) Husband and wife Spouses resident licenses. A combined husband and wife spouses resident fishing license shall be issued subject to s. 29.024 by the department to residents applying for this license. This license confers upon both husband and wife spouses the privileges of resident fishing licenses.

SB464,2 Section 2 . 29.228 (5) of the statutes is amended to read:

SB464,7,10 29.228 (5) Annual family fishing license. The department shall issue a nonresident annual family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

SB464,3 Section 3 . 29.228 (6) of the statutes is amended to read:

SB464,7,15 29.228 (6) Fifteen-day family fishing license. The department shall issue a nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

SB464,4 Section 4 . 29.229 (2) (i) of the statutes is amended to read:

SB464,7,17 29.229 (2) (i) Husband and wife Spouses fishing licenses.

SB464,5 Section 5 . 29.2295 (2) (i) of the statutes is amended to read:

SB464,7,19 29.2295 (2) (i) Husband and wife Spouses fishing licenses.

SB464,6 Section 6 . 29.563 (3) (a) 3. of the statutes is amended to read:

SB464,7,21 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.

SB464,7 Section 7. 29.607 (3) of the statutes is amended to read:

SB464,8,11 29.607 (3) License required; exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term “immediate family" includes husband and wife spouses and minor children having their abode and domicile with the parent or legal guardian.

SB464,8 Section 8 . 45.01 (6) (c) of the statutes is amended to read:

SB464,8,15 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in the place of a parent and who has so acted for not less than 12 months prior to the veteran's entrance into active service.

SB464,9 Section 9 . 45.51 (3) (c) 2. of the statutes is amended to read:

SB464,8,18 45.51 (3) (c) 2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife spouses.

SB464,10 Section 10 . 45.51 (5) (a) 1. b. of the statutes is amended to read:

SB464,8,23 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time the person entered the service and who became a widow or widower surviving spouse by the death of the person while in the service or as a result of physical disability of the person incurred during the service.

SB464,11 Section 11 . 45.51 (5) (a) 1. c. of the statutes is amended to read:

SB464,9,4 45.51 (5) (a) 1. c. The period during which the surviving spouse was married to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of widowhood or widowerhood after the death of the deceased person is 6 months or more.

SB464,12 Section 12 . 45.55 of the statutes is amended to read:

SB464,9,20 45.55 Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife spouse of such a minor may execute, in his or her own right, notes or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944, the national housing act, or any acts supplementing or amending these acts. In connection with these transactions, the minors may sell, release, or convey the mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds, and other necessary papers or instruments. The notes, mortgages, releases, deeds, and other necessary papers or instruments when so executed are not subject to avoidance by the minor or the husband or wife spouse of the minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.

SB464,13 Section 13 . 46.03 (34) of the statutes is amended to read:

SB464,9,25 46.03 (34) Fetal alcohol syndrome and drug danger information. The department shall acquire, without cost if possible, information that describes the causes and effects of fetal alcohol syndrome and the dangers to a fetus from the mother's use of cocaine or other drugs by the pregnant person during pregnancy and shall distribute the information free of charge to each county clerk so that each county clerk may provide information to marriage license applicants under s. 765.12 (1) (a) and domestic partnership applicants under s. 770.07 (2).

SB464,14 Section 14 . 46.10 (2) of the statutes is amended to read:

SB464,11,8 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

SB464,15 Section 15 . 46.238 of the statutes is amended to read:

SB464,11,24 46.238 Infants and Infant or unborn children whose mothers abuse child of a person who has abused controlled substances, controlled substance analogs, or alcohol during pregnancy. If an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant's mother person who gave birth to the infant or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of person pregnant with the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

SB464,16 Section 16 . 48.02 (5k) of the statutes is created to read:

SB464,12,1 48.02 (5k) “Expectant parent” means a person who is pregnant.

SB464,17 Section 17. 48.02 (13) of the statutes is amended to read:

SB464,12,22 48.02 (13) “Parent" means a biological natural parent, a husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father parent under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 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 child, 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 conclusively determined from genetic test results to be the father parent under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

SB464,18 Section 18 . 48.025 (title) of the statutes is amended to read:

SB464,12,25 48.025 (title) Declaration of paternal parental interest in matters affecting children.

SB464,19 Section 19. 48.025 (1) of the statutes is amended to read:

SB464,13,7 48.025 (1) Any person claiming to be the father parent of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity parentage has not been established may, in accordance with procedures under this section, file with the department a declaration of his parental interest in matters affecting the child. The department may not charge a fee for filing a declaration under this section.

SB464,20 Section 20 . 48.025 (2) (a) of the statutes is amended to read:

SB464,13,11 48.025 (2) (a) A declaration under sub. (1) may be filed at any time before a termination of the father's a person's parental rights under subch. VIII. This paragraph does not apply to a declaration that is filed on or after July 1, 2006.

SB464,21 Section 21 . 48.025 (2) (b) of the statutes is amended to read:

SB464,13,17 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

SB464,22 Section 22 . 48.025 (2) (c) of the statutes is amended to read:

SB464,14,2 48.025 (2) (c) The declaration shall be in writing, shall be signed and verified upon oath or affirmation by the person filing the declaration, and shall contain the person's name and address, the name and last-known address of the mother parent who gave birth or expectant parent, the month and year of the birth or expected birth of the child, and a statement that the person filing the declaration has reason to believe that he or she may be the father parent of the child. If the person filing the declaration is under 18 years of age, the declaration shall also be signed by a parent or guardian of the person.

SB464,23 Section 23 . 48.025 (2) (d) of the statutes is amended to read:

SB464,14,10 48.025 (2) (d) A person who has filed a declaration under sub. (1) may revoke the declaration at any time by filing with the department a statement, signed and verified upon oath or affirmation, that the person, to the best of his the person's knowledge and belief, is not the father parent of the child or that another person has been adjudicated as the father parent of the child. If the person filing the revocation is under 18 years of age, the revocation shall also be signed by a parent or guardian of the person.

SB464,24 Section 24 . 48.025 (3) (b) of the statutes is amended to read:

SB464,14,18 48.025 (3) (b) A copy of a declaration filed with the department under sub. (1) shall be sent to the mother at her last-known address of the expectant parent or the person who gave birth. Nonreceipt of such copy shall not affect the validity of the declaration. The mother expectant parent or the person who gave birth may send a written response to the declaration to the department, and the written response shall be filed with the declaration. Failure to send a written response shall not constitute an admission of the statements contained in the declaration.

SB464,25 Section 25 . 48.025 (3) (c) of the statutes is amended to read:

SB464,15,8 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

SB464,26 Section 26 . 48.025 (5) (a) 1. of the statutes is amended to read:

SB464,15,12 48.025 (5) (a) 1. That a person claiming to be the father parent of a nonmarital child may affirmatively protect his or her parental rights by filing a declaration of interest under this section.

SB464,27 Section 27 . 48.19 (1) (cm) of the statutes is amended to read:

SB464,15,24 48.19 (1) (cm) An order of the judge if made upon a showing satisfactory to the judge that the child is an expectant mother parent, that due to the child expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the child expectant mother parent is taken into custody and that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the child expectant mother parent be held in custody under s. 48.207 (1).

SB464,28 Section 28 . 48.193 (1) (c) of the statutes is amended to read:

SB464,16,11 48.193 (1) (c) An order of the judge if made upon a showing satisfactory to the judge that due to the adult expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the adult expectant mother parent is taken into custody and that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the adult expectant mother parent be held in custody under s. 48.207 (1m).

SB464,29 Section 29 . 48.20 (8) (b) of the statutes is amended to read:

SB464,16,21 48.20 (8) (b) If the child is an expectant mother parent who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child's guardian ad litem shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody, and about the detention hearing as the child expectant mother and her parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify provide the notice under par. (a) to the child expectant mother parent, her the child expectant parent's parent, guardian, legal custodian, or Indian custodian, and the unborn child's guardian ad litem.

SB464,30 Section 30 . 48.203 (4) of the statutes is amended to read:

SB464,17,5 48.203 (4) If the adult expectant mother parent is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to herself or others any person, or a substantial probability of physical impairment or injury to the adult expectant mother parent exists due to the impaired judgment of the adult expectant mother parent, and the standards of s. 51.15 are met, the person taking the adult expectant mother parent into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.15.

SB464,31 Section 31 . 48.203 (5) of the statutes is amended to read:

SB464,17,12 48.203 (5) If the adult expectant mother parent is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on herself or on another any person and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol or another drug, the person taking the adult expectant mother parent into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.45 (11).

SB464,32 Section 32 . 48.203 (6) (a) of the statutes is amended to read:

SB464,17,16 48.203 (6) (a) When an adult expectant mother parent is interviewed by an intake worker, the intake worker shall inform the adult expectant mother parent of her the expectant parent's right to counsel.

SB464,33 Section 33 . 48.205 (1) (d) of the statutes is amended to read:

SB464,18,2 48.205 (1) (d) Probable cause exists to believe that the child is an expectant mother parent, that if the child expectant mother parent is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB464,34 Section 34 . 48.205 (1m) of the statutes is amended to read:

SB464,18,14 48.205 (1m) An adult expectant mother parent of an unborn child may be held under s. 48.207 (1m) if the intake worker determines that there is probable cause to believe that the adult expectant mother parent is within the jurisdiction of the court, to believe that if the adult expectant mother parent is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB464,35 Section 35 . 48.21 (1) (b) 4. of the statutes is amended to read:

SB464,18,25 48.21 (1) (b) 4. That, if the child is an expectant mother parent who was taken into custody under s. 48.19 (1) (cm) or (d) 8., probable cause exists to believe that there is a substantial risk that if the child expectant mother parent is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB464,36 Section 36. 48.213 (1) (b) of the statutes is amended to read:

SB464,19,18 48.213 (1) (b) If no petition has been filed by the time of the hearing, an adult expectant mother parent of an unborn child may be held in custody with the approval of the judge or circuit court commissioner for an additional 72 hours after the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe that there is a substantial risk that if the adult expectant mother parent is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother's parent's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or circuit court commissioner shall order the adult expectant mother's parent's immediate release from custody.

SB464,37 Section 37 . 48.217 (1) (c) 2. of the statutes is amended to read:

SB464,19,22 48.217 (1) (c) 2. By the child expectant mother parent, if 12 years of age or over, her the child expectant parent's parent, guardian, legal custodian, or Indian custodian, and the unborn child's guardian ad litem.

SB464,38 Section 38 . 48.217 (4) of the statutes is amended to read:

SB464,20,6 48.217 (4) Expectant mother parent; placement outside the home. The court may not change the placement of an expectant mother parent of an unborn child alleged to be in need of protection or services from a placement in the expectant mother's parent's home to a placement outside of the expectant mother's parent's home unless the court finds that the expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

SB464,39 Section 39 . 48.23 (2m) (b) of the statutes is amended to read:

SB464,20,17 48.23 (2m) (b) If a petition under s. 48.133 is contested, no expectant mother parent may be placed outside of her the expectant parent's home unless the expectant mother parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the expectant mother parent may not be placed outside of his or her home unless the expectant mother parent is represented by counsel at the hearing at which the placement is made. An adult expectant mother parent, however, may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court may place the adult expectant mother parent outside of her the expectant parent's home even though the adult expectant mother parent was not represented by counsel.

SB464,40 Section 40 . 48.245 (2r) of the statutes is amended to read:

SB464,21,8 48.245 (2r) The intake worker may, after giving written notice to the child, the child's parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the child expectant mother, her parent, the child expectant parent's parent, guardian, and legal custodian, and their counsel, if any, or after giving written notice to the adult expectant mother parent and her the adult expectant parent's counsel, if any, extend the informal disposition for up to an additional 6 months unless the parent, guardian, or legal custodian, the child or child expectant mother parent, if 12 years of age or over, or the adult expectant mother parent objects to the extension. If the parent, guardian, or legal custodian, the child or child expectant mother parent, if 12 years of age or over, or the adult expectant mother parent objects to the extension, the intake worker may request the district attorney or corporation counsel to file a petition under s. 48.13 or 48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.