SB907,,18318348.42 (2) (b) 2. A Any person or persons alleged to the court to be the father parent of the child or who may, based upon the statements of the mother person who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
SB907,83184Section 83. 48.42 (2) (bm) 1. of the statutes is amended to read:
SB907,,18518548.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.
SB907,84186Section 84. 48.42 (2m) (b) of the statutes is amended to read:
SB907,,18718748.42 (2m) (b) Parent of nonmarital child. A person who may 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, by virtue of the fact that he the person has engaged in sexual intercourse with the mother of person who gave birth to the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his or her own rights and interests. He A person described in this paragraph is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his the person’s parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.
SB907,85188Section 85. 48.42 (4) (b) 5. of the statutes is amended to read:
SB907,,18918948.42 (4) (b) 5. The notice shall not include the name of the mother person who gave birth to the child unless the mother person who gave birth to the child consents. The notice shall not include the name of the child unless the court finds that inclusion of the child’s name is essential to give effective notice to the father a parent.
SB907,86190Section 86. 48.422 (6) (a) of the statutes is amended to read:
SB907,,19119148.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity parentage has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.
SB907,87192Section 87. 48.422 (7) (bm) of the statutes is amended to read:
SB907,,19319348.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child, or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).
SB907,88194Section 88. 48.422 (7) (br) of the statutes is amended to read:
SB907,,19519548.422 (7) (br) Establish whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.
SB907,89196Section 89. 48.423 (1) and (2) of the statutes are amended to read:
SB907,,19719748.423 (1) Rights to paternity parentage determination. If a person appears at the hearing and claims that he is to be the father parent of the child, the court shall set a date for a hearing on the issue of paternity parentage or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity parentage. The court shall inform the person claiming to be the father parent of the child of any right to counsel under s. 48.23. The person claiming to be the father parent of the child must prove paternity parentage by clear and convincing evidence. A person who establishes his paternity parentage of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) or (bm).
SB907,,198198(2) Rights of out-of-state fathers parents. A person who may 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 contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity parentage under sub. (1), and proves all of the following by a preponderance of the evidence:
SB907,,199199(a) That the person resides and has resided in another state where the mother of person who gave birth to the child resided or was located at the time of or after the conception of the child.
SB907,,200200(b) That the mother person who gave birth to the child left that state without notifying or informing that person that he or she could be located in this state.
SB907,,201201(c) That the person attempted to locate the mother person who gave birth to the child through every reasonable means, but did not know or have reason to know that the mother person who gave birth to the child was residing or located in this state.
SB907,,202202(d) That the person has complied with the requirements of the state where the mother person who gave birth to the child previously resided or was located to protect and preserve his paternal parental interests in matters affecting the child.
SB907,90203Section 90. 48.43 (6) (b) of the statutes is amended to read:
SB907,,20420448.43 (6) (b) The mother of person who gave birth to a child who completes an affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating parental rights on the basis that the father other parent of the child was not correctly identified.
SB907,91205Section 91. 48.432 (1) (am) 1. of the statutes is amended to read:
SB907,,20620648.432 (1) (am) 1. The mother person who gave birth to the child designated on the individual’s or adoptee’s original birth record.
SB907,92207Section 92. 48.432 (1) (am) 2. b. of the statutes is amended to read:
SB907,,20820848.432 (1) (am) 2. b. If there is no adjudicated father parent, the husband spouse of the mother person who gave birth to the child at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.
SB907,93209Section 93. 48.435 of the statutes is amended to read:
SB907,,21021048.435 Custody of children. The mother of person who gave birth to a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.
SB907,94211Section 94. 48.63 (3) (b) 4. of the statutes is amended to read: