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: