SB907: Bill Text

SB907,,903 3. The petitioner in this case has the burden of proving by a clear and satisfactory preponderance of the evidence whether the man person named as the possible father alleged parent is the father parent. However, if genetic tests show that the man person named is not excluded as the father parent, and show that the statistical probability that the man person is the father parent is 99.0 percent or higher, that man person is rebuttably presumed to be the father parent.

SB907,,904 4. You may request genetic tests which will indicate the probability that the man person named as the possible father alleged parent is or is not the father parent of the child. The court will order genetic tests on a request by you, the state, or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.

SB907,,905 5. The following defenses are available in a paternity parentage case:

SB907,,906 (a) The man person named as a possible father an alleged parent of the child may claim that he the person was sterile or impotent at the time of conception.

SB907,,907 (b) The mother may claim that she, or the man named as a possible father parent or the alleged parent may claim that he, the parent and alleged parent did not have sexual intercourse with the each other party during the conceptive period (generally the period 8 to 10 months before the birth of the child).

SB907,,908 (c) The mother or the man named as a possible father parent or alleged parent may claim that another man person had sexual intercourse with the mother parent during the conceptive period.

SB907,,909 6. You have the right to request a jury trial on the issue of whether the named man alleged parent is the father parent.

SB907,,910 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court may enter a default judgment finding the man claimed to be the father named alleged parent as the father parent.

SB907,,911 8. You must keep the clerk of court and child support agency informed of your current address at all times.

SB907,262 Section 262. 767.815 (2) (a) and (b) of the statutes are amended to read:

SB907,,913 767.815 (2) (a) There are reasonable grounds to believe that before the time for service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother was pregnant about the pregnancy and that the respondent may be the father parent.

SB907,,914 (b) Due diligence was exercised in attempting to serve the respondent, before he the respondent was actually served.

SB907,263 Section 263. 767.82 (2m) and (4) of the statutes are amended to read:

SB907,,916 767.82 (2m) Custody pending court order. If there is no presumption of paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother parent who gave birth shall have sole legal custody of the child until the court orders otherwise.

SB907,,917 (4) Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother parent who gave birth occurring at any time other than the probable time of conception.

SB907,264 Section 264. 767.83 (1) of the statutes is amended to read:

SB907,,919 767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other proceedings in any paternity parentage action, any party may be represented by counsel. If the male alleged parent respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

SB907,265 Section 265. 767.84 (1) (a) (intro.) of the statutes is amended to read:

SB907,,921 767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the all of the following to submit to genetic tests:

SB907,,922 1m. The child, mother, any male.

SB907,,923 3m. Any person for whom there is probable cause to believe that he had the person’s sexual intercourse with the mother during a possible time of the person who gave birth to the child may have resulted in the child’s conception, or any male.

SB907,,924 4. Any witness who testifies or will testify about his the witness’s sexual relations with the mother at a possible time of conception to submit to genetic tests. person who gave birth to the child that may have resulted in conception of the child.

SB907,,925 (ac) Probable cause of sexual intercourse during a possible time of that may have resulted in conception of the child for the purposes of par. (a) may be established by a sufficient petition or affidavit of the child’s mother person who gave birth to the child or an alleged father parent, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary.

SB907,,926 (am) The court is not required to order a genetic test under this paragraph par. (a) with respect to any of the following:

SB907,266 Section 266. 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1) (am) 1. and 2.

SB907,267 Section 267. 767.84 (1) (a) 2m. of the statutes is created to read:

SB907,,929 767.84 (1) (a) 2m. The person who gave birth to the child.

SB907,268 Section 268. 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3. and amended to read:

SB907,,931 767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man person, other than the person who gave birth to the child, show that the other man person is not excluded as the father parent and that the statistical probability of the other man’s person’s parentage is 99.0 percent or higher creating a presumption of the other man’s paternity person’s parentage.

SB907,,932 b. Subdivision 3. a. does not apply if the presumption of the other man’s paternity person’s parentage is rebutted.

SB907,269 Section 269. 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read:

SB907,,934 767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert qualified as an examiner of genetic markers present on the cells of the specific body material to be used for the tests, appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability of the alleged father’s paternity parent’s parentage based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at the trial or pretrial hearing if all of the following apply:

SB907,,935 2. At least 10 days before the trial or pretrial hearing, the department or county child support agency under s. 59.53 (5) notifies the alleged father parent of the results of the genetic tests and that he the alleged parent may object to the test results by submitting an objection in writing to the court no later than the day before the hearing.

SB907,270 Section 270. 767.84 (4) of the statutes is amended to read:

SB907,,937 767.84 (4) Tests excluding paternity parentage; refusal to submit to test. Genetic test results excluding an alleged father parent as the father parent of the child are conclusive evidence of nonpaternity that the alleged parent is not the parent of the child and the court shall dismiss any paternity parentage action with respect to that alleged father parent. Genetic test results excluding any male witness from possible paternity parentage are conclusive evidence of nonpaternity of the male that the witness is not the parent of the child. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with between the person who gave birth to the child and any person excluded as a possible father parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child’s mother person who gave birth to the child but she that person refuses to submit to a genetic test, or refuses to submit herself or the child to a genetic tests test, the action shall be dismissed.

SB907,271 Section 271. 767.84 (6) of the statutes is amended to read:

SB907,,939 767.84 (6) Calling certain witnesses; notice. Any party calling a male witness for the purpose of testifying that he the witness had sexual intercourse with the mother at any possible time of person who gave birth to the child that may have resulted in conception of the child shall provide all other parties with the name and address of the witness 20 days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the 20-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.

SB907,272 Section 272. 767.85 (1) of the statutes is amended to read:

SB907,,941 767.85 (1) When required. At any time during the pendency of an action to establish the paternity parentage of a child, if genetic tests show that the alleged father person is not excluded and that the statistical probability of the alleged father’s person’s parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child’s health care expenses.

SB907,273 Section 273. 767.855 of the statutes is amended to read:

SB907,,943 767.855 Dismissal if adjudication not in child’s best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity parentage of a child, upon the motion of a party or guardian ad litem or the person who gave birth to the child if that person is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child parentage is not in the best interest of the child, dismiss the action with respect to the male alleged parent, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male alleged parent, the court or supplemental court commissioner is not required to order those genetic tests.

SB907,274 Section 274. 767.863 (1m) of the statutes is amended to read:

SB907,,945 767.863 (1m) Paternity Parentage allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity parentage of a child who was born to a woman while she was married couple during marriage, if a male person other than the woman’s husband alleges that he, not the husband, is spouse of the person who gave birth claims to be the child’s father parent, a party may allege that a judicial determination that a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

SB907,275 Section 275. 767.863 (2) of the statutes is amended to read:

SB907,,947 767.863 (2) Order for tests. If at the first appearance it appears from a sufficient petition or affidavit of the child’s mother person who gave birth to the child or an alleged father parent of the child or from sworn testimony of the child’s mother person who gave birth to the child or an alleged father parent of the child that there is probable cause to believe that any of the males persons named has had sexual intercourse with the mother person who gave birth to the child during a possible time of the child’s conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.84. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.84 (2).

SB907,276 Section 276. 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:

SB907,,949 767.87 (1) (a) Evidence of sexual intercourse between the mother parent who gave birth and alleged father parent at any possible time of conception or evidence of a relationship between the mother parent who gave birth and alleged father parent at any time.

SB907,,950 (b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity parent’s parentage based upon the duration of the mother’s pregnancy.

SB907,,951 (d) The statistical probability of the alleged father’s paternity parent’s parentage based upon the genetic tests.

SB907,,952 (e) Medical, scientific, or genetic evidence relating to the alleged father’s paternity parent’s parentage of the child based on tests performed by experts.

SB907,277 Section 277. 767.87 (1m) (intro.) of the statutes is amended to read:

SB907,,954 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child’s birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the person who gave birth to the child, at the earliest possible of the following:

SB907,278 Section 278. 767.87 (2) of the statutes is amended to read:

SB907,,956 767.87 (2) Admissibility of sexual relations by mother person who gave birth. Testimony relating to sexual relations or possible sexual relations of the mother person who gave birth any time other than the possible time of conception of the child is inadmissible in evidence, unless offered by the mother person who gave birth.

SB907,279 Section 279. 767.87 (3) of the statutes is amended to read:

SB907,,958 767.87 (3) Evidence of identified male person not under jurisdiction. Except as provided in s. 767.84 (4), in an action against an alleged father parent, evidence offered by him the alleged parent with respect to an identified male person who is not subject to the jurisdiction of the court concerning that male’s person’s sexual intercourse with the mother person who gave birth at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father parent has undergone genetic tests and made the results available to the court.

SB907,280 Section 280. 767.87 (6) of the statutes is amended to read:

SB907,,960 767.87 (6) When mother parent who gave birth not compelled to testify. (a) Whenever the state brings the action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of parent who gave birth to the child may not be compelled to testify about the paternity parentage of the child if it has been determined that the mother parent who gave birth to the child has good cause for refusing to cooperate in establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which that define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB907,,961 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother person who gave birth may establish the paternity parentage of the child.

SB907,281 Section 281. 767.87 (9) of the statutes is amended to read:

SB907,,963 767.87 (9) Artificial insemination; natural father parent. Where If a child is conceived by artificial insemination, the husband spouse of the mother of person who gave birth to the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB907,282 Section 282. 767.87 (10) of the statutes is amended to read:

SB907,,965 767.87 (10) Record of mother’s testimony admissible. A record of the testimony of the child’s mother person who gave birth to the child relating to the child’s paternity parentage, made as provided under s. 48.299 (8) or 938.299 (8), is admissible in evidence on the issue of paternity parentage.

SB907,283 Section 283. 767.88 (2) (b) and (c) of the statutes are amended to read:

SB907,,967 767.88 (2) (b) That the alleged father parent voluntarily acknowledge paternity parentage of the child.

SB907,,968 (c) If the alleged father parent voluntarily acknowledges paternity parentage of the child, that he the acknowledged parent agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.

SB907,284 Section 284. 767.883 (1) of the statutes is amended to read:

SB907,,970 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother’s child, but if the child was born to the mother while she the person who gave birth was the lawful wife spouse of a specified male person, the prior issue of whether the husband was spouse is not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party’s behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother person who gave birth is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother person who gave birth, taken at the pretrial hearing, may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

SB907,285 Section 285. 767.89 (2) (a) of the statutes is amended to read:

SB907,,972 767.89 (2) (a) The clerk of court or county child support agency under s. 59.53 (5) shall file with the state registrar, within 30 days after the entry of a judgment or order determining paternity parentage, a report showing the names, dates, and birth places of the child and the father adjudicated parent, the social security numbers of the mother, father person who gave birth to the child, adjudicated parent, and child, and the maiden name of the mother full birth name of the person who gave birth to the child on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court or county child support agency shall collect.

SB907,286 Section 286. 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b) and amended to read:

SB907,,974 767.89 (2) (b) If, under par. (a), the clerk of court or county child support agency is unable to collect any of the following fees under par. (a) a fee for omitting, changing, or inserting a parent’s name on a birth record under s. 69.15 (3) (a) 1., 2., or 3., the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:.

SB907,287 Section 287. 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.

SB907,288 Section 288. 767.89 (3) (e) of the statutes is amended to read:

SB907,,977 767.89 (3) (e) 1. An order establishing the amount of the father’s adjudicated parent’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth childbirth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s adjudicated parent’s income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s adjudicated parent’s ability to pay or contribute to those expenses.

SB907,,978 2. If the order does not require periodic payments because the father adjudicated parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father adjudicated parent has the ability to pay at that time.

SB907,289 Section 289. 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are amended to read:

SB907,,980 767.893 (1m) Judgment when mother parent fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father parent, or male person alleging that he is the father to be the parent, to be the father parent of the child under s. 767.89 if the mother of person who gave birth to the child fails to appear at the first appearance, scheduled genetic test, pretrial hearing, or trial if sufficient evidence exists to establish the male person as the father parent of the child.

SB907,,981 (2) (b) 1. Only one of those persons fails to appear and all of the other male respondents have been excluded as the father parent.

SB907,,982 2. The alleged father parent who fails to appear has had genetic tests under s. 49.225 or 767.84 showing that the alleged father parent is not excluded and that the statistical probability of the alleged father’s parent’s parentage is 99.0 percent or higher.

SB907,,983 (2m) (a) At any time after service of the summons and petition, a respondent who is the alleged father parent may, with or without appearance in court and subject to the approval of the court, in writing acknowledge that he the alleged parent has read and understands the notice under s. 767.813 (5g) and stipulate that he is to being the father parent of the child and for child support payments, legal custody, and physical placement. The court may not approve a stipulation for child support unless it provides for payment of child support determined in a manner consistent with s. 767.511 or 767.89.

SB907,290 Section 290. 767.895 (intro.) of the statutes is amended to read:

SB907,,985 767.895 Motion to reopen judgment based on statement acknowledging paternity parentage. (intro.) A judgment which adjudicates a person to be the father parent of a child and which was based upon a statement acknowledging paternity parentage that was signed and filed before April 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:

SB907,291 Section 291. 769.201 (1m) (g) of the statutes is amended to read:

SB907,,987 769.201 (1m) (g) The individual asserted parentage of a child in a declaration of paternal parental interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity parentage filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

SB907,292 Section 292. 769.316 (4) of the statutes is amended to read:

SB907,,989 769.316 (4) Copies of bills for testing for parentage of a child, or for prenatal and postnatal health care of the mother person who gave birth and the child, or copies of reports of medical assistance payments under subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary, and customary.

SB907,293 Section 293. 769.316 (9) of the statutes is amended to read:

SB907,,991 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.