AB484,82
16Section 82
. 48.42 (2) (b) 2. of the statutes is amended to read:
AB484,40,2117
48.42
(2) (b) 2.
A Any person
or persons alleged to the court to be the
father 18parent of the child or who may, based upon the statements of the
mother person who
19gave birth to the child or other information presented to the court, be the
father 20parent of the child unless that person has waived the right to notice under s. 48.41
21(2) (c).
AB484,83
22Section 83
. 48.42 (2) (bm) 1. of the statutes is amended to read:
AB484,41,223
48.42
(2) (bm) 1. A person who has filed an unrevoked declaration of
paternal 24parental interest under s. 48.025 before the birth of the child, within 14 days after
1the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
2whichever is later.
AB484,84
3Section 84
. 48.42 (2m) (b) of the statutes is amended to read:
AB484,41,164
48.42
(2m) (b)
Parent of nonmarital child. A person who may be the
father 5parent of a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.803 and whose
paternity
parentage has not been
7established, by virtue of the fact that
he the person has engaged in sexual intercourse
8with the
mother of person who gave birth to the child, is considered to be on notice
9that a pregnancy and a termination of parental rights proceeding concerning the
10child may occur, and has the duty to protect his
or her own rights and interests.
He 11A person described in this paragraph is therefore entitled to actual notice of such a
12proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to
13notice under sub. (2) (b) or (bm) does not have standing to appear and contest a
14petition for the termination of
his the person's parental rights, present evidence
15relevant to the issue of disposition, or make alternative dispositional
16recommendations.
AB484,85
17Section 85
. 48.42 (4) (b) 5. of the statutes is amended to read:
AB484,41,2118
48.42
(4) (b) 5. The notice shall not include the name of the
mother person who
19gave birth to the child unless the
mother
person who gave birth to the child consents.
20The notice shall not include the name of the child unless the court finds that inclusion
21of the child's name is essential to give effective notice to
the father a parent.
AB484,86
22Section 86
. 48.422 (6) (a) of the statutes is amended to read:
AB484,42,723
48.422
(6) (a) In the case of a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.803 and for whom
paternity 25parentage has not been established, or for whom a declaration of
paternal parental
1interest has not been filed under s. 48.025 within 14 days after the date of birth of
2the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the
3notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the
4paternity parentage of the child. Based on the testimony, the court shall determine
5whether all interested parties who are known have been notified under s. 48.42 (2)
6and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice
7to be given.
AB484,87
8Section 87
. 48.422 (7) (bm) of the statutes is amended to read:
AB484,43,29
48.422
(7) (bm) Establish whether a proposed adoptive parent of the child has
10been identified. If a proposed adoptive parent of the child has been identified and
11the proposed adoptive parent is not a relative of the child, the court shall order the
12petitioner to submit a report to the court containing the information specified in s.
1348.913 (7). The court shall review the report to determine whether any payments or
14agreement to make payments set forth in the report are coercive to the birth parent
15of the child or to an alleged
to or presumed
father parent of the child or are
16impermissible under s. 48.913 (4). Making any payment to or on behalf of
the any 17birth parent
of the child, an, alleged or presumed
father parent of the child
, or the
18child conditional in any part upon transfer or surrender of the child or the
19termination of parental rights or the finalization of the adoption creates a rebuttable
20presumption of coercion. Upon a finding of coercion, the court shall dismiss the
21petition or amend the agreement to delete any coercive conditions, if the parties
22agree to the amendment. Upon a finding that payments
which that are
23impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
24and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
1This paragraph does not apply if the petition was filed with a petition for adoptive
2placement under s. 48.837 (2).
AB484,88
3Section 88
. 48.422 (7) (br) of the statutes is amended to read:
AB484,43,64
48.422
(7) (br) Establish whether any person has coerced a birth parent or
any 5alleged or presumed
father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
6a finding of coercion, the court shall dismiss the petition.
AB484,89
7Section 89
. 48.423 (1) and (2) of the statutes are amended to read:
AB484,43,188
48.423
(1) Rights to paternity parentage determination. If a person appears
9at the hearing and claims
that he is to be the
father parent of the child, the court shall
10set a date for a hearing on the issue of
paternity
parentage or, if all parties agree, the
11court may immediately commence hearing testimony concerning the issue of
12paternity parentage. The court shall inform the person claiming to be the
father 13parent of the child of any right to counsel under s. 48.23. The person claiming to be
14the
father parent of the child must prove
paternity parentage by clear and convincing
15evidence. A person who establishes
his paternity
parentage of the child under this
16section may further participate in the termination of parental rights proceeding only
17if the person meets the conditions specified in sub. (2) or meets a condition specified
18in s. 48.42 (2) (b) or (bm).
AB484,43,25
19(2) Rights of out-of-state fathers parents. A person who may be the
father 20parent of a nonmarital child who is not adopted or whose parents do not subsequently
21intermarry under s. 767.803 and whose
paternity
parentage has not been
22established may contest the petition, present evidence relevant to the issue of
23disposition, and make alternative dispositional recommendations if the person
24appears at the hearing, establishes
paternity
parentage under sub. (1), and proves
25all of the following by a preponderance of the evidence:
AB484,44,3
1(a) That the person resides and has resided in another state where the
mother
2of person who gave birth to the child resided or was located at the time of or after the
3conception of the child.
AB484,44,54
(b) That the
mother person who gave birth to the child left that state without
5notifying or informing that person that
he or she could be located in this state.
AB484,44,86
(c) That the person attempted to locate the
mother
person who gave birth to the
7child through every reasonable means, but did not know or have reason to know that
8the
mother person who gave birth to the child was residing or located in this state.
AB484,44,119
(d) That the person has complied with the requirements of the state where the
10mother person who gave birth to the child previously resided or was located to protect
11and preserve
his paternal parental interests in matters affecting the child.
AB484,90
12Section 90
. 48.43 (6) (b) of the statutes is amended to read:
AB484,44,1613
48.43
(6) (b) The
mother of
person who gave birth to a child who completes an
14affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating
15parental rights on the basis that the
father
other parent of the child was not correctly
16identified.
AB484,91
17Section 91
. 48.432 (1) (am) 1. of the statutes is amended to read:
AB484,44,1918
48.432
(1) (am) 1. The
mother
person who gave birth to the child designated
19on the individual's or adoptee's original birth record.
AB484,92
20Section 92
. 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB484,44,2321
48.432
(1) (am) 2. b. If there is no adjudicated
father parent, the
husband 22spouse of the
mother person who gave birth to the child at the time the individual
23or adoptee is conceived or born, or when the parents intermarry under s. 767.803.
AB484,93
24Section
93. 48.435 of the statutes is amended to read:
AB484,45,3
148.435 Custody of children. The
mother of person who gave birth to a
2nonmarital child has legal custody of the child unless the court grants legal custody
3to another person or transfers legal custody to an agency.