SB566,10,1410
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
11birth of the child or within 14 days after the birth of the child, except that a
man 12person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
13days after the date on which the notice was mailed. This paragraph does not apply
14to a declaration filed before July 1, 2006.
SB566,17
15Section 17
. 48.025 (3) (c) of the statutes is amended to read:
SB566,11,416
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
17or under a substantially similar law of another state or a person authorized to file
18a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
19law of another state may request the department to search its files to determine
20whether a person who may be the
father parent of the child who is the subject of the
21proceeding has filed a declaration under this section. If the department has on file
22a declaration of
paternal parental interest in matters affecting the child, the
23department shall issue to the requester a copy of the declaration. If the department
24does not have on file a declaration of
paternal
parental interest in matters affecting
25the child, the department shall issue to the requester a statement that no declaration
1could be located. The department may require a person who requests a search under
2this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
3department of maintaining its file of declarations and publicizing information
4relating to declarations of
paternal parental interest under this section.
SB566,18
5Section 18
. 48.27 (3) (b) 1. a. of the statutes is amended to read:
SB566,11,76
48.27
(3) (b) 1. a. A person who has filed a declaration of
paternal parental 7interest under s. 48.025.
SB566,19
8Section 19
. 48.27 (3) (b) 1. b. of the statutes is amended to read:
SB566,11,119
48.27
(3) (b) 1. b. A person alleged to the court to be
the father a parent of the
10child or who may, based on the statements of the
mother parent who gave birth to
11the child or other information presented to the court, be the
father parent of the child.
SB566,20
12Section 20
. 48.27 (5) of the statutes is amended to read:
SB566,11,1813
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
14to identify and notify any person who has filed a declaration of
paternal parental 15interest under s. 48.025, any person who has acknowledged paternity of the child
16under s. 767.805 (1), and any person who has been adjudged to be the
father parent 17of the child in a judicial proceeding unless the person's parental rights have been
18terminated.
SB566,21
19Section 21
. 48.299 (6) (intro.) of the statutes is amended to read:
SB566,11,2320
48.299
(6) (intro.) If a
man
person who has been given notice under s. 48.27 (3)
21(b) 1. appears at any hearing for which he
or she received the notice, alleges that he
22or she is
the father a parent of the child and states that he
or she wishes to establish
23the
paternity parentage of the child, all of the following apply:
SB566,22
24Section 22
. 48.299 (6) (e) 1. of the statutes is amended to read:
SB566,12,5
148.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
2genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
3cells of another body material for the purpose of determining the statistical
4probability that a
man person who is alleged to be a child's
father parent is the child's
5biological
father parent.
SB566,23
6Section 23
. 48.299 (6) (e) 2. of the statutes is amended to read:
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48.299
(6) (e) 2. The court shall, at the hearing, orally inform any
man person 8specified in sub. (6) (intro.) that he
or she may be required to pay for any testing
9ordered by the court under this paragraph or under s. 885.23.
SB566,24
10Section 24
. 48.299 (6) (e) 3. of the statutes is amended to read:
SB566,12,2311
48.299
(6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
12the court determines that it would be in the best interests of the child, the court may
13order any
man person specified in sub. (6) (intro.) to submit to one or more genetic
14tests which shall be performed by an expert qualified as an examiner of genetic
15markers present on the cells and of the specific body material to be used for the tests,
16as appointed by the court. A report completed and certified by the court-appointed
17expert stating genetic test results and the statistical probability that the
man person 18alleged to be the child's
father parent is the child's biological
father parent based
19upon the genetic tests is admissible as evidence without expert testimony and may
20be entered into the record at any hearing. The court, upon request by a party, may
21order that independent tests be performed by other experts qualified as examiners
22of genetic markers present on the cells of the specific body materials to be used for
23the tests.
SB566,25
24Section 25
. 48.299 (6) (e) 4. of the statutes is amended to read:
SB566,13,5
148.299
(6) (e) 4. If the genetic tests show that an alleged
father parent is not
2excluded and that the statistical probability that the alleged
father parent is the
3child's biological
father parent is 99.0 percent or higher, the court may determine
4that for purposes of a proceeding under this chapter, other than a proceeding under
5subch. VIII, the
man person is the child's biological parent.
SB566,26
6Section 26
. 48.299 (7) of the statutes is amended to read:
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48.299
(7) If a
man person who has been given notice under s. 48.27 (3) (b) 1.
8appears at any hearing for which he
or she received the notice but does not allege that
9he
or she is
the father a parent of the child and state that he
or she wishes to establish
10the
paternity parentage of the child or if no
man person to whom such notice was
11given appears at a hearing, the court may refer the matter to the state or to the
12attorney responsible for support enforcement under s. 59.53 (6) (a) for a
13determination, under s. 767.80, of whether an action should be brought for the
14purpose of determining the
paternity parentage of the child.
SB566,27
15Section 27
. 48.355 (4g) (a) 1. of the statutes is amended to read:
SB566,13,2216
48.355
(4g) (a) 1. The child's parents are parties to a pending action for divorce,
17annulment, or legal separation, a
man person determined under s. 48.299 (6) (e) 4.
18to be the biological
father parent of the child for purposes of a proceeding under this
19chapter is a party to a pending action to determine paternity of the child under ch.
20767, or the child is the subject of a pending independent action under s. 767.41 or
21767.43 to determine legal custody of the child or visitation rights with respect to the
22child.
SB566,28
23Section 28
. 48.396 (2) (dm) of the statutes is amended to read:
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48.396
(2) (dm) Upon request of a court having jurisdiction over actions
25affecting the family, an attorney responsible for support enforcement under s. 59.53
1(6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's
2attorney or the guardian ad litem for the child who is the subject of that proceeding
3to review or be provided with information from the records of the court assigned to
4exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
5for the purpose of determining the paternity of the child or for the purpose of
6rebutting the presumption of
paternity parentage under s. 891.405 or 891.41 (1), the
7court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
8inspection by the requester its records relating to the paternity of the child or disclose
9to the requester those records.
SB566,29
10Section 29
. 48.42 (1g) (a) 4. of the statutes is amended to read:
SB566,14,1211
48.42
(1g) (a) 4. A statement identifying any
man person who has lived in a
12familial relationship with the child and who may be
the father a parent of the child.
SB566,30
13Section 30
. 48.42 (1g) (b) of the statutes is amended to read:
SB566,14,2214
48.42
(1g) (b) The petitioner shall notify any
man person identified in the
15affidavit under par. (a) as an alleged
father
parent of
his the right to file a declaration
16of
paternal parental interest under s. 48.025 before the birth of the child, within 14
17days after the birth of the child, or within 21 days after the date on which the notice
18is mailed, whichever is later; of the birth date or anticipated birth date of the child;
19and of the consequences of filing or not filing a declaration of
paternal parental 20interest. The petitioner shall include with the notice a copy of the form required to
21file a declaration of
paternal parental interest under s. 48.025. The notice shall be
22sent by certified mail to the last-known address of the alleged
father parent.