SB111,1608,218 767.805 (4) (d) 1. An order establishing the amount of the father's obligation
19to pay or contribute to the reasonable expenses of the mother's pregnancy and the
20child's birth childbirth by the parent who did not give birth. The amount established
21may not exceed one-half of the total actual and reasonable pregnancy and birth
22expenses. The order also shall specify the court's findings as to whether the father's
23parent who did not give birth has an income that is at or below the poverty line
24established under 42 USC 9902 (2), and shall specify whether periodic payments are

1due on the obligation, based on the father's parent's ability to pay or contribute to
2those expenses.

SB111,1608,63 2. If the order does not require periodic payments because the father parent has
4no present ability to pay or contribute to the expenses, the court may modify the
5judgment or order at a later date to require periodic payments if the father parent
6has the ability to pay at that time.

SB111,1608,128 767.805 (5) Voiding determination. (a) A determination of paternity
9parentage that arises under this section may be voided at any time upon a motion
10or petition stating facts that show fraud, duress or a mistake of fact. Except for good
11cause shown, any orders entered under sub. (4) shall remain in effect during the
12pendency of a proceeding under this paragraph.

SB111,1608,1913 (b) If a court in a proceeding under par. (a) determines that the male person is
14not the father parent of the child, the court shall vacate any order entered under sub.
15(4) with respect to the male person. The court or the county child support agency
16under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
17(1) (b), to remove the male's person's name as the father parent of the child from the
18child's birth record. No paternity action may thereafter be brought against the male
19person with respect to the child.

SB111,1608,2221 767.805 (6) (a) (intro.) This section does not apply unless all of the following
22apply to the statement acknowledging paternity parentage:

SB111,1609,10 24767.855 Dismissal if adjudication not in child's best interest. Except as
25provided in s. 767.863 (1m), at any time in an action to establish the paternity of a

1child, upon the motion of a party or guardian ad litem or the child's mother if she is
2not a party, the court or supplemental court commissioner under s. 757.675 (2) (g)
3may, if the court or supplemental court commissioner determines that a judicial
4determination of whether a male is the father of the child is not in the best interest
5of the child, dismiss the action with respect to the male, regardless of whether genetic
6tests have been performed or what the results of the tests, if performed, were.
7Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865
8(2), and 767.88 (4), if genetic tests have not yet been performed with respect to the
9male, the court or supplemental court commissioner is not required to order those
10genetic tests.

SB111,1609,2212 767.863 (1m) Paternity allegation by male person other than husband
13spouse; when determination not in best interest of child. In an action to establish
14the paternity of a child who was born to a woman while she was married, if a male
15person other than the woman's husband spouse alleges that he, not the husband
16woman's spouse, is the child's father biological parent, a party, or the woman if she
17is not a party, may allege that a judicial determination that a male person other than
18the husband woman's spouse is the father biological parent is not in the best interest
19of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
20(g) determines that a judicial determination of whether a male person other than the
21husband woman's spouse is the father biological parent is not in the best interest of
22the child, no genetic tests may be ordered and the action shall be dismissed.

SB111,1610,324 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
25the petitioner shall present a certified copy of the child's birth record or a printed copy

1of the record from the birth database of the state registrar to the court, so that the
2court is aware of whether a name has been inserted on the birth record as the father
3parent of the child other than the mother, at the earliest possible of the following:

SB111,1610,95 767.87 (8) Burden of proof. The party bringing an action for the purpose of
6determining paternity or for the purpose of declaring the nonexistence of paternity
7presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed
8under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved
9by clear and satisfactory preponderance of the evidence.

SB111,1610,1411 767.87 (9) Artificial insemination; natural father parent . Where If a child
12is conceived by artificial insemination, the husband spouse of the mother of the child
13at the time of the conception of the child is the natural father parent of the child, as
14provided in s. 891.40.

SB111,1611,1116 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
17dealing with the determination of paternity parentage and the 2nd part dealing with
18child support, legal custody, periods of physical placement, and related issues. The
19main issue at the first part shall be whether the alleged or presumed father parent
20is or is not the father parent of the mother's child, but if the child was born to the
21mother while she was the lawful wife spouse of a specified male person, the prior
22issue of whether the husband mother's spouse was not the father parent of the child
23shall be determined first, as provided under s. 891.39. The first part of the trial shall
24be by jury only if the defendant verbally requests a jury trial either at the initial
25appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial

1hearing. The court may direct and, if requested by either party before the
2introduction of any testimony in the party's behalf, shall direct the jury to find a
3special verdict as to any of the issues specified in this section, except that the court
4shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
5becomes insane, cannot be found within the jurisdiction, or fails to commence or
6pursue the action, the proceeding does not abate if any of the persons under s. 767.80
7(1) makes a motion to continue. The testimony of the mother taken at the pretrial
8hearing may in any such case be read in evidence if it is competent, relevant, and
9material. The issues of child support, custody, and visitation, and related issues shall
10be determined by the court either immediately after the first part of the trial or at
11a later hearing before the court.

SB111,1611,1513 769.316 (9) The defense of immunity based on the relationship of husband and
14wife between spouses or parent and child does not apply in a proceeding under this
15chapter.

SB111,1611,1717 769.401 (2) (a) A parent or presumed father parent of the child.

SB111,1611,2420 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
21personal judgment is sought is commenced as to any defendant when a summons and
22a complaint naming the person as defendant are filed with the court, provided service
23of an authenticated copy of the summons and of the complaint is made upon the
24defendant under this chapter within 90 days after filing.