AB337,167 19Section 167 . 891.40 (1) (b) of the statutes is created to read:
AB337,71,2120 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the
21following:
AB337,71,2322 1. The artificial insemination takes place under the supervision of a licensed
23physician.
AB337,71,2424 2. The semen used for the insemination is obtained from a sperm bank.
AB337,168 25Section 168 . 891.40 (2) of the statutes is amended to read:
AB337,72,4
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.
AB337,169 5Section 169 . 891.40 (3) of the statutes is created to read:
AB337,72,86 891.40 (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.
AB337,170 9Section 170 . 891.405 of the statutes is amended to read:
AB337,72,14 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).
AB337,171 15Section 171 . 891.41 (title) of the statutes is amended to read:
AB337,72,17 16891.41 (title) Presumption of paternity parentage based on marriage of
17the parties.
AB337,172 18Section 172 . 891.41 (1) (intro.) of the statutes is amended to read:
AB337,72,2019 891.41 (1) (intro.) A man person is presumed to be the natural father parent
20of a child if any of the following applies:
AB337,173 21Section 173 . 891.41 (1) (a) of the statutes is amended to read:
AB337,72,2522 891.41 (1) (a) He The person and the child's established natural mother parent
23are or have been married to each other and the child is conceived or born after
24marriage and before the granting of a decree of legal separation, annulment, or
25divorce between the parties.
AB337,174
1Section 174. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
2and amended to read:
AB337,73,73 891.41 (1) (b) (intro.) He The person and the child's established natural mother
4parent were married to each other after the child was born but he the person and the
5child's established natural mother parent had a relationship with one another
6during the period of time within which the child was conceived and no other man all
7of the following apply:
AB337,73,8 81. No person has been adjudicated to be the father or.
AB337,73,10 92. No other person is presumed to be the father parent of the child under par.
10(a).
AB337,175 11Section 175 . 891.41 (2) of the statutes is amended to read:
AB337,73,1812 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
13rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
14man person other than the man person presumed to be the father parent under sub.
15(1) is not excluded as the father of the child and that the statistical probability of the
16man's person's parentage is 99.0 percent or higher, even if the man person presumed
17to be the father natural parent under sub. (1) is unavailable to submit to genetic
18tests, as defined in s. 767.001 (1m).
AB337,176 19Section 176 . 891.41 (3) of the statutes is created to read:
AB337,73,2120 891.41 (3) This section applies with respect to children born before, on, or after
21the effective date of this subsection .... [LRB inserts date].
AB337,177 22Section 177. 905.05 (title) of the statutes is amended to read:
AB337,73,23 23905.05 (title) Husband-wife Spousal and domestic partner privilege.
AB337,178 24Section 178. 938.02 (13) of the statutes is amended to read:
AB337,74,17
1938.02 (13) “Parent" means a biological natural parent, a husband who has
2consented to the artificial insemination of his wife under s. 891.40,
or a parent by
3adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
4do not subsequently intermarry under s. 767.803, “parent" includes a person
5acknowledged under s. 767.805 or a substantially similar law of another state or
6adjudicated to be the biological father. “Parent" does not include any person whose
7parental rights have been terminated. For purposes of the application of s. 938.028
8and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a
9biological natural parent of an Indian child, an Indian husband spouse who has
10consented to the artificial insemination of his wife or her spouse under s. 891.40, or
11an Indian person who has lawfully adopted an Indian juvenile, including an adoption
12under tribal law or custom, and includes, in the case of a nonmarital Indian child who
13is not adopted or whose parents do not subsequently intermarry under s. 767.803,
14a person acknowledged under s. 767.805, a substantially similar law of another state,
15or tribal law or custom to be the biological father or a person adjudicated to be the
16biological father, but does not include any person whose parental rights have been
17terminated.
AB337,179 18Section 179 . 938.396 (2g) (g) of the statutes is amended to read: