AB314: Bill Text

AB314,277 Section 277. 767.87 (1m) (intro.) of the statutes is amended to read:

AB314,133,14 767.87 (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:

AB314,278 Section 278. 767.87 (2) of the statutes is amended to read:

AB314,133,20 767.87 (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.

AB314,279 Section 279. 767.87 (3) of the statutes is amended to read:

AB314,134,6 767.87 (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.

AB314,280 Section 280. 767.87 (6) of the statutes is amended to read:

AB314,134,19 767.87 (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.

AB314,135,2 (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.

AB314,281 Section 281. 767.87 (9) of the statutes is amended to read:

AB314,135,7 767.87 (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.

AB314,282 Section 282. 767.87 (10) of the statutes is amended to read:

AB314,135,12 767.87 (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.

AB314,283 Section 283. 767.88 (2) (b) and (c) of the statutes are amended to read:

AB314,135,15 767.88 (2) (b) That the alleged father parent voluntarily acknowledge paternity parentage of the child.

AB314,135,19 (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.

AB314,284 Section 284. 767.883 (1) of the statutes is amended to read:

AB314,136,19 767.883 (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.

AB314,285 Section 285. 767.89 (2) (a) of the statutes is amended to read:

AB314,137,6 767.89 (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.

AB314,286 Section 286. 767.89 (2) (b) (intro.) of the statutes is renumbered 767.89 (2) (b) and amended to read:

AB314,137,13 767.89 (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:.

AB314,287 Section 287. 767.89 (2) (b) 1., 2. and 3. of the statutes are repealed.

AB314,288 Section 288. 767.89 (3) (e) of the statutes is amended to read:

AB314,137,23 767.89 (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.

AB314,138,4 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.

AB314,289 Section 289. 767.893 (1m), (2) (b) 1. and 2. and (2m) (a) of the statutes are amended to read:

AB314,138,13 767.893 (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.

AB314,138,15 (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.

AB314,138,19 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.

AB314,139,4 (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.

AB314,290 Section 290. 767.895 (intro.) of the statutes is amended to read:

AB314,139,11 767.895 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:

AB314,291 Section 291. 769.201 (1m) (g) of the statutes is amended to read:

AB314,139,16 769.201 (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.

AB314,292 Section 292. 769.316 (4) of the statutes is amended to read:

AB314,140,2 769.316 (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.

AB314,293 Section 293. 769.316 (9) of the statutes is amended to read:

AB314,140,6 769.316 (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.

AB314,294 Section 294. 769.401 (2) (a) of the statutes is amended to read:

AB314,140,8 769.401 (2) (a) A parent or presumed father parent of the child.

AB314,295 Section 295. 769.401 (2) (g) of the statutes is repealed.

AB314,296 Section 296. 770.07 (2) of the statutes is amended to read:

AB314,140,19 770.07 (2) If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a declaration of domestic partnership. With each declaration of domestic partnership the county clerk shall provide information describing 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. After the application for the declaration of domestic partnership is filed, the clerk shall, upon the sworn statement of either of the applicants, correct any erroneous, false, or insufficient statement in the application that comes to the clerk’s attention and shall notify the other applicant of the correction, as soon as reasonably possible.

AB314,297 Section 297. 786.36 (1) (c) of the statutes is amended to read:

AB314,141,2 786.36 (1) (c) The minor’s mother the person who gave birth to the minor, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and if paternity parentage of the minor has not been established.

AB314,298 Section 298. 808.075 (4) (a) 4. of the statutes is amended to read:

AB314,141,5 808.075 (4) (a) 4. Hearing for child held in custody under s. 48.21 or an adult expectant mother parent of an unborn child held in custody under s. 48.213.

AB314,299 Section 299. 815.20 (1) of the statutes is amended to read:

AB314,141,20 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers’, mechanics’, and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB314,300 Section 300. 822.40 (4) of the statutes is amended to read:

AB314,142,2 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

AB314,301 Section 301. 851.30 (2) (a) of the statutes is amended to read:

AB314,142,8 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

AB314,302 Section 302. 852.01 (1) (d) of the statutes is amended to read:

AB314,142,12 852.01 (1) (d) If there is no surviving spouse, surviving domestic partner, issue, or parent, to the brothers and sisters siblings and the issue of any deceased brother or sister sibling per stirpes.

AB314,303 Section 303. 852.01 (1) (f) 1. of the statutes is amended to read:

AB314,142,17 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

AB314,304 Section 304. 852.01 (1) (f) 2. of the statutes is amended to read:

AB314,142,20 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

AB314,305 Section 305. 852.01 (1) (f) 3. of the statutes is amended to read:

AB314,143,2 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent’s relatives on the other side.

AB314,306 Section 306. 852.05 (1) and (2) of the statutes are amended to read:

AB314,143,8 852.05 (1) A child born to unmarried parents, or the child’s issue, is treated in the same manner as a child, or the issue of a child, born to married parents with respect to intestate succession from and through the child’s mother person who gave birth to the child, and from and through the child’s father other parent if any of the following applies to the person alleged to be the other parent of the child:

AB314,143,11 (a) The father person has been adjudicated to be the father a parent of the child in a paternity parentage proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state.

AB314,143,13 (b) The father person has admitted in open court that he is the father to being the parent of the child.

AB314,143,15 (c) The father person has acknowledged himself to be the father parentage in writing signed by him the person.

AB314,143,22 (2) Property of a child born to unmarried parents passes in accordance with s. 852.01 except that the father or the father’s kindred a parent who did not give birth to the child, or the kindred of such a parent, can inherit only if the father the parent has been adjudicated to be the father parent of the child in a paternity parentage proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father parent under s. 767.804 or 767.805 or a substantially similar law of another state.

AB314,307 Section 307. 854.03 (3) of the statutes is amended to read:

AB314,144,7 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband’s the first spouse’s individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife’s 2nd spouse’s individual property and the wife first spouse had survived.

AB314,308 Section 308. 891.39 (title) of the statutes is amended to read:

AB314,144,10 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

AB314,309 Section 309. 891.39 (1) (a) of the statutes is amended to read:

AB314,145,3 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman person while he or she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband spouse of the person who gave birth to the child is not excluded as the father parent of the child and that the statistical probability of the man’s person’s parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband spouse of the person who gave birth to the child is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB314,310 Section 310. 891.39 (2) (a) of the statutes is amended to read:

AB314,145,11 891.39 (2) (a) The mother of person who gave birth to the child shall not be excused or privileged from testifying fully in any action or proceeding mentioned in sub. (1) in which the determination of whether the child is a marital or nonmarital child is involved or in issue, when ordered to testify by a court of record or any judge thereof; but she the person who gave birth to the child shall not be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, except for perjury committed in giving the testimony.

AB314,311 Section 311. 891.39 (3) of the statutes is amended to read:

AB314,145,19 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court’s report attached under s. 69.15 (3). If the husband spouse of the person who gave birth to the child is a party to the action and the court makes a finding as to whether or not the husband spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

AB314,312 Section 312. 891.395 of the statutes is amended to read:

AB314,146,8 891.395 Presumption as to time of conception. In any paternity parentage proceeding, in the absence of a valid birth certificate indicating the birth weight, the mother person who gave birth to the child shall be competent to testify as to the birth weight of the child whose paternity parentage is at issue, and where the child whose paternity parentage is at issue weighed 5 1/2 pounds or more at the time of its birth, the testimony of the mother person who gave birth to the child as to the weight shall be presumptive evidence that the child was a full term child, unless competent evidence to the contrary is presented to the court. The conception of the child shall be presumed to have occurred within a span of time extending from 240 days to 300 days before the date of its birth, unless competent evidence to the contrary is presented to the court.

AB314,313 Section 313. 891.40 of the statutes is amended to read:

AB314,147,3 891.40 Artificial insemination. (1) If, A person is the natural parent of a child conceived by artificial insemination if the artificial insemination is performed under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband of the mother at the time of the conception of the child shall be the natural father of a child conceived. The husband’s consent must be in writing and signed by him and his wife if the person who receives the artificial insemination and the spouse of that person consent to the artificial insemination in a written document signed by both parties. The physician performing the artificial insemination shall certify their both parties’ signatures and the date of the insemination, and shall file the husband’s consent form with the department of health services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician’s failure to file the consent form does not affect the legal status of father parent and child. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB314,147,7 (2) The donor of semen provided to a licensed physician for use in artificial insemination of a woman person other than the donor’s wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child and has no parental rights with regard to the child.

AB314,314 Section 314. 891.405 of the statutes is amended to read:

AB314,147,13 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth to the child have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

AB314,315 Section 315. 891.407 of the statutes is amended to read:

AB314,147,19 891.407 Presumption of paternity parentage based on genetic test results. A man person is presumed to be the natural father parent of a child if the man person has been conclusively determined from genetic test results to be the father parent under s. 767.804 and no other man is presumed to be the father person is presumed to be a parent of the child under s. 891.405 or 891.41 (1).

AB314,316 Section 316. 891.41 (title) of the statutes is amended to read:

AB314,147,22 891.41 (title) Presumption of paternity parentage based on marriage of the parties.