SB566,161
1Section
161. 854.03 (3) of the statutes is amended to read:
SB566,69,82
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
3husband and wife 2 spouses die leaving marital property and it is not established
4that one survived the other by at least 120 hours, 50 percent of the marital property
5shall be distributed as if it were
the husband's
the first spouse's individual property
6and the
husband 2nd spouse had survived, and 50 percent of the marital property
7shall be distributed as if it were the
wife's
2nd spouse's individual property and the
8wife first spouse had survived.
SB566,162
9Section 162
. 891.39 (title) of the statutes is amended to read:
SB566,69,11
10891.39 (title)
Presumption as to whether a child is marital or
11nonmarital; self-crimination self-incrimination; birth certificates.
SB566,163
12Section 163
. 891.39 (1) (a) of the statutes is amended to read:
SB566,70,213
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
14was born to a woman while she was
the lawful wife of
legally married to a specified
15man person, any party asserting in such action or proceeding that the
husband was 16spouse is not the
father parent of the child shall have the burden of proving that
17assertion by a clear and satisfactory preponderance of the evidence. In all such
18actions or proceedings the
husband and the wife
spouses are competent to testify as
19witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
20litem to appear for and represent the child whose
paternity parentage is questioned.
21Results of a genetic test, as defined in s. 767.001 (1m), showing that a
man person 22other than the
husband mother's spouse is not excluded as the father of the child and
23that the statistical probability of the
man's
person's parentage is 99.0 percent or
24higher constitute a clear and satisfactory preponderance of the evidence of the
1assertion under this paragraph, even if the
husband mother's spouse is unavailable
2to submit to genetic tests, as defined in s. 767.001 (1m).
SB566,164
3Section 164
. 891.39 (1) (b) of the statutes is amended to read:
SB566,70,114
891.39
(1) (b) In actions affecting the family
, in which the question of
paternity 5parentage is raised, and in paternity proceedings, the court, upon being satisfied that
6the parties to the action are unable to adequately compensate any such guardian ad
7litem for the guardian ad litem's services and expenses, shall then make an order
8specifying the guardian ad litem's compensation and expenses, which compensation
9and expenses shall be paid as provided in s. 967.06. If the court orders a county to
10pay the compensation of the guardian ad litem, the amount ordered may not exceed
11the compensation paid to private attorneys under s. 977.08 (4m) (b).
SB566,165
12Section 165
. 891.39 (3) of the statutes is amended to read:
SB566,70,1913
891.39
(3) If any court under this section adjudges a child to be a nonmarital
14child, the clerk of court shall report the facts to the state registrar, who shall issue
15a new birth record showing the correct facts as found by the court, and shall dispose
16of the original, with the court's report attached under s. 69.15 (3). If the
husband 17mother's spouse is a party to the action and the court makes a finding as to whether
18or not the
husband mother's spouse is the
father parent of the child, such finding
19shall be conclusive in all other courts of this state.
SB566,166
20Section 166
. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
21amended to read:
SB566,71,322
891.40
(1) (a) If,
under the supervision of a licensed physician and with the
23spouse's consent
of her husband, a
wife person is inseminated artificially
as provided
24in par. (b) with semen donated by a
man person who is not
her husband the spouse
25of the person being inseminated, the
husband
spouse of the
mother inseminated
1person at the time of the conception of the child shall be the natural
father parent 2of a child conceived. The
husband's spouse's consent must be in writing and signed
3by him
or her and
his wife. The
by the inseminated person.
SB566,71,10
4(c) 1. If the artificial insemination under par. (a) takes place under the
5supervision of a licensed physician, the physician shall certify
their the signatures
6on the consent and the date of the insemination, and shall file the
husband's spouse's 7consent with the department of health services
, where it shall be kept. If the
8artificial insemination under par. (a) does not take place under the supervision of a
9licensed physician, the spouses shall file the signed consent, which shall include the
10date of the insemination, with the department of health services.
SB566,71,12
112. The department of health services shall keep a consent filed under subd. 1.
12confidential and in a sealed file except as provided in s. 46.03 (7) (bm).
However,
SB566,71,14
133. Notwithstanding subd. 1., the physician's
or spouses' failure to file the
14consent form does not affect the legal status of
father natural parent and child.
SB566,71,18
15(d) All papers and records pertaining to the
artificial insemination
under par.
16(a), whether part of the permanent record of a court or of a file held by
the a
17supervising physician
or sperm bank or elsewhere, may be inspected only upon an
18order of the court for good cause shown.
SB566,167
19Section 167
. 891.40 (1) (b) of the statutes is created to read:
SB566,71,2120
891.40
(1) (b) The artificial insemination under par. (a) must satisfy any of the
21following:
SB566,71,2322
1. The artificial insemination takes place under the supervision of a licensed
23physician.
SB566,71,2424
2. The semen used for the insemination is obtained from a sperm bank.
SB566,168
25Section 168
. 891.40 (2) of the statutes is amended to read:
SB566,72,4
1891.40
(2) The donor of semen provided to a licensed physician
or obtained from
2a sperm bank for use in
the artificial insemination of a woman other than the donor's
3wife spouse is not the natural
father parent of a child conceived, bears no liability for
4the support of the child
, and has no parental rights with regard to the child.
SB566,169
5Section 169
. 891.40 (3) of the statutes is created to read:
SB566,72,86
891.40
(3) This section applies with respect to children conceived before, on,
7or after the effective date of this subsection .... [LRB inserts date], as a result of
8artificial insemination.
SB566,170
9Section 170
. 891.405 of the statutes is amended to read:
SB566,72,14
10891.405 Presumption of paternity parentage based on
11acknowledgment. A
man person is presumed to be the natural
father parent of a
12child if
he the person and the
mother person who gave birth have acknowledged
13paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other
man person is
14presumed to be the
father natural parent under s. 891.41 (1).
SB566,171
15Section 171
. 891.41 (title) of the statutes is amended to read:
SB566,72,17
16891.41 (title)
Presumption of
paternity parentage based on marriage of
17the parties.
SB566,172
18Section 172
. 891.41 (1) (intro.) of the statutes is amended to read: