Chapter 69

69.15(3)(a) (a) If the state registrar receives an order under sub. (1) that establishes paternity or determines that the man whose name appears on a registrant’s birth record is not the father of the registrant, or a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity, the state registrar shall do the following, as appropriate:

69.15(3)(a)1. 1. Prepare under sub. (6) a new record omitting the father’s name if the order determines that the man whose name appears on a registrant’s birth record is not the father of the registrant and if there is no adjudicated father.

69.15(3)(a)2. 2. Prepare under sub. (6) a new record for the subject of a paternity action changing the name of the father if the name of the adjudicated father is different than the name of the man on the birth record.

69.15(3)(a)3. 3. Except as provided under subd. 4., insert the name of the adjudicated or conclusively determined father on the original birth record if the name of the father was omitted on the original record.

69.15(3)(a)4. 4. If the order provides for a change in the child’s given name or surname or both, enter the name indicated on a new birth record prepared under subd. 1. or 2. or on the original birth record under subd. 3. except that if the surname of a child under 7 years of age is changed, the state registrar shall prepare a new record under sub. (6).

69.15(3)(b) (b)

69.15(3)(b)1. 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity in the manner prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents’ marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband from the marriage record as the father if the name of the father was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

69.15(3)(b)2. 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity has been signed, the state registrar shall insert the name of the father under subd. 1. upon receipt of a court order determining that the husband was the father of the child.

69.15(3)(b)3. 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

69.15(3)(b)4. 4. If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

69.15(3)(b)4.a. a. The mother of the registrant, except as provided under subd. 4. b. and c.

69.15(3)(b)4.b. b. The father of the registrant if the father has legal custody of the registrant.

69.15(3)(b)4.c. c. The parents of the registrant if they have married each other after the birth of the registrant.

69.15(3)(c) (c) If the state registrar is required to enter a new surname or a new given name on a birth record under par. (b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new record under sub. (6).

69.15(3)(d) (d) The method prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant’s parents be provided.

69.15(3m) (3m) Rescission of statement acknowledging paternity.

69.15(3m)(a) (a) A statement acknowledging paternity that is filed with the state registrar under sub. (3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:

69.15(3m)(a)1. 1. The statement was signed and filed on or after April 1, 1998.

69.15(3m)(a)2. 2. The person rescinding the statement files with the state registrar a rescission in the method prescribed by the state registrar.

69.15(3m)(a)3. 3. The person rescinding the statement files a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

69.15(3m)(b) (b) If the state registrar, within the time required under par. (a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting the father’s name if it was inserted under sub. (3) (b).

69.15(4) (4) Name change.

69.15(4)(a) (a) If the state registrar receives an order under sub. (1) which provides for a name change, the state registrar shall change the name on the original birth record.

69.15(4)(b) (b) Any person with a direct and tangible interest in a birth record registered in this state may petition a court to change the name and sex of the registrant on the record due to a surgical sex-change procedure. If the state registrar receives an order which provides for such a change the state registrar shall change the name and sex on the original record, except that if the court orders the state registrar to prepare a new record the state registrar shall prepare a new record under sub. (6). This subsection does not apply to a name change prohibited under s. 301.47.

69.15(4)(c) (c) A court may not order the state registrar to change any vital record due to a surgical sex-change procedure except as provided under this subsection.

69.15(4m) (4m) Name change without court order.

69.15(4m)(a) (a) Unless either parent of a registrant is a party to an action under ch. 767 involving the registrant and notwithstanding sub. (3) (b) 4. and s. 786.36, the name of a registrant born in this state may be changed once under this subsection without a court order if all of the following apply:

69.15(4m)(a)1. 1. The request for the change is received by the state registrar, in writing, in the manner prescribed by the state registrar.

69.15(4m)(a)2. 2. If a parent has sole legal custody of the registrant, the request for the change is signed by the parent who has legal custody.

69.15(4m)(a)3. 3. If both parents have legal custody of the registrant, the request for the change is signed by both parents.

69.15(4m)(a)4. 4. The request for the change is received within 365 calendar days after the day of birth of the registrant.

69.15(4m)(b) (b) If the conditions under par. (a) 1. to 4. are met, the state registrar shall change the registrant’s name on the registrant’s birth record. The state registrar is not required to issue a new birth certificate under this paragraph.

69.15(5) (5) New record for a person without any record. If no birth record has been registered for any person who is more than 365 days old and who is entitled to a new record under this section, and if the date and place of birth of the person have not been determined by a court, the state registrar shall register a birth record for the individual under s. 69.14 (2) (b) before preparing a new record under sub. (6).

69.15(6) (6) Preparation of new records.

69.15(6)(a) (a) The state registrar shall prepare a new birth record that shall include the date of creation of the new record.

69.15(6)(b) (b) The state registrar shall register a new record created under this section and shall impound the original record or the record registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. 48.432 and 48.433. The state registrar shall send notice of any new record registered under this section to the local registrar who filed the original record. Upon notification, the local registrar shall destroy his or her copy of the original record.

69.15(6)(c) (c) If the state registrar changes a birth record on file or registered under this section instead of preparing a new record, the state registrar shall make the change under s. 69.11 (5).

69.15 History History: 1985 a. 315; 1987 a. 413; 1989 a. 183; 1993 a. 481; 1995 a. 201, 404; 1997 a. 3, 27, 191; 2001 a. 16, 61; 2003 a. 52; 2005 a. 443 ss. 4, 5, 265; 2007 a. 20; 2013 a. 170, 379; 2015 a. 380; 2017 a. 334; 2019 a. 95.

69.15 Annotation Although sub. (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under s. 786.36. State v. Charles R.P., 223 Wis. 2d 768, 590 N.W.2d 21 (Ct. App. 1998), 97-2353.

69.16 69.16 Marriage documents.

69.16(1) (1) The form, content, application for and registration of marriage documents shall be under ch. 765.

69.16(2) (2) If a person has married in this state, at least 365 days have elapsed since the marriage and no marriage document is on file, a person with a direct and tangible interest in having a marriage document registered may petition the circuit court of the county in which the marriage is alleged to have occurred. If the court finds that the petitioner has established the fact of the marriage required on the marriage document, except for the information under s. 69.20 (2), the clerk of the court shall report the court’s determination to the state registrar in the manner prescribed by the state registrar, along with the fee required under s. 69.22. Upon receipt of the report, the state registrar shall register the marriage document and make the record available to the local registrar under s. 69.03 (11).

69.16 History History: 1985 a. 315; 2017 a. 334.

69.17 69.17 Divorce report. At the end of every biweekly period, the clerk of any court which conducts divorce proceedings under ch. 767 shall forward to the state registrar, in the manner prescribed by the state registrar, a report of every divorce or annulment of marriage granted during the biweekly period. The state registrar shall require that the social security numbers of the parties to the divorce or annulment and the social security number of any child of the parties be provided.

69.17 History History: 1985 a. 315; 1997 a. 191; 2017 a. 334.

69.18 69.18 Death records.

69.18(1) (1) Registration of deaths.

69.18(1)(a) (a) Any one of the following may move a corpse for the purpose of final disposition:

69.18(1)(a)1. 1. A funeral director licensed under ch. 445 acting in person or through the agency of another funeral director licensed under ch. 445.

69.18(1)(a)2. 2. A member of the decedent’s immediate family who personally prepares for and conducts the final disposition of the decedent.

69.18(1)(a)3. 3. A person acting under s. 157.02 or 445.16.

69.18(1)(b) (b) Any person who moves a corpse under par. (a) shall file a death record for the corpse under this subsection in the manner prescribed by the state registrar under any one of the following circumstances:

69.18(1)(b)1. 1. The death occurred in this state.

69.18(1)(b)2. 2. The corpse was found in this state.

69.18(1)(b)3. 3. The corpse was removed in this state from a conveyance which was moving at the time of death.

69.18(1)(b)4. 4. The corpse was found in interstate waters and removed in this state.

69.18(1)(bm) (bm) A person required to file a death record under par. (b) shall obtain the information required for the death record from the next of kin or the best qualified person or source available. The person filing the death record shall enter his or her signature on the record and include his or her address and the date of signing and shall present or mail the record, within 24 hours after being notified of the death, to the physician, coroner or medical examiner responsible for completing and signing the medical certification. Within 2 days after receipt of the medical certification, the person filing the death record shall mail or present the death record in:

69.18(1)(bm)1. 1. The registration district of the place of death if the death occurred in this state.

69.18(1)(bm)2. 2. The registration district where the corpse was found or removed if the place of death is not in this state or is unknown, is removed in this state from a conveyance which was moving at the time of death or is found in interstate waters and removed in this state.

69.18(1)(c) (c) A hospital, a nursing home, as defined in s. 50.01 (3), or a hospice that is the place of death of a person may prepare a death record for the person and give the record to the person who moves the corpse under par. (a).

69.18(1)(cj) (cj)

69.18(1)(cj)1. 1. For purposes of preparation of the certificate of death and in accordance with accepted medical standards, a naturopathic doctor who is directly involved with the care of a patient who dies may pronounce the date, time, and place of the patient’s death if the patient was generally under the care of a naturopathic doctor at the time of death.

69.18(1)(cj)2. 2. Subdivision 1. may not be construed to authorize a naturopathic doctor to certify under sub. (2) (b) the cause of the patient’s death.

69.18(1)(ck) (ck) For purposes of preparation of the certificate of death and in accordance with accepted medical standards, a physician assistant who is directly involved with the care of a patient who dies may pronounce the date, time, and place of the patient’s death.

69.18(1)(cm) (cm)

69.18(1)(cm)1. 1. For purposes of preparation of the death record and in accordance with accepted medical standards, a hospice nurse in a hospice that is directly involved with the care of a hospice patient who dies may pronounce the date, time, and place of the patient’s death if all of the following apply:

69.18(1)(cm)1.a. a. The patient was generally under the care of a physician at the time of death.

69.18(1)(cm)1.b. b. The death was anticipated.

69.18(1)(cm)2. 2. Subd. 1. may not be construed to authorize a hospice nurse to certify under sub. (2) (b) the cause of the patient’s death.

69.18(1)(d) (d) A hospital, nursing home, or hospice may not release a corpse to any person under par. (a) unless the person presents a notice of removal in the manner prescribed by the state registrar, in duplicate, to the administrator of the hospital, nursing home, or hospice. The administrator shall retain one copy and forward the other copy to the local registrar of the registration district in which the hospital, nursing home, or hospice is located.

69.18(1)(e) (e)

69.18(1)(e)1. 1. If a death is a miscarriage and 20 weeks or more have elapsed between the mother’s last normal menstrual period and delivery or the stillbirth weighs 350 grams or more, one of the following shall submit, within 5 days after delivery, a fetal death report to the state registrar:

69.18(1)(e)1.a. a. If the miscarriage occurs at or on route to a hospital, the individual who manages the hospital or the hospital’s medical records.

69.18(1)(e)1.b. b. If the miscarriage does not occur at or on route to a hospital, the funeral director or other person authorized by at least one parent of the stillbirth.

69.18(1)(e)2. 2. Except as provided under subd. 1., no fetal death report is required.

69.18(1m) (1m) Format. Beginning on September 1, 2013, a record of death shall consist of the following parts:

69.18(1m)(a) (a) Fact-of-death information, which shall include all of the following:

69.18(1m)(a)1. 1. The name and other identifiers of the decedent, including the decedent’s social security number, if any.

69.18(1m)(a)2. 2. The date, time, and place that the decedent was pronounced dead.

69.18(1m)(a)4. 4. The identity of the person certifying the death.

69.18(1m)(a)5. 5. The dates of certification and filing of the death record.

69.18(1m)(b) (b) Extended fact-of-death information, which includes all of the following:

69.18(1m)(b)1. 1. All information under par. (a).

69.18(1m)(b)2. 2. Information on final disposition, manner, and cause of death.

69.18(1m)(b)3. 3. Injury-related data.

69.18(1m)(c) (c) Statistical-use-only information, which includes all of the following:

69.18(1m)(c)1. 1. All information other than that under par. (b) that is collected on the standard death record form recommended by the federal agency responsible for national vital statistics.

69.18(1m)(c)2. 2. Other data, as directed by the state registrar, including race, educational background, and health risk behavior.

69.18(1m)(c)3. 3. Beginning on September 1, 2025, data on the decedent’s usual occupation in a format directed by the state registrar that allows inclusion of up to 2 additional occupations, if applicable.