SB907,270936Section 270. 767.84 (4) of the statutes is amended to read:
SB907,,937937767.84 (4) Tests excluding paternity parentage; refusal to submit to test. Genetic test results excluding an alleged father parent as the father parent of the child are conclusive evidence of nonpaternity that the alleged parent is not the parent of the child and the court shall dismiss any paternity parentage action with respect to that alleged father parent. Genetic test results excluding any male witness from possible paternity parentage are conclusive evidence of nonpaternity of the male that the witness is not the parent of the child. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with between the person who gave birth to the child and any person excluded as a possible father parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child’s mother person who gave birth to the child but she that person refuses to submit to a genetic test, or refuses to submit herself or the child to a genetic tests test, the action shall be dismissed.
SB907,271938Section 271. 767.84 (6) of the statutes is amended to read:
SB907,,939939767.84 (6) Calling certain witnesses; notice. Any party calling a male witness for the purpose of testifying that he the witness had sexual intercourse with the mother at any possible time of person who gave birth to the child that may have resulted in conception of the child shall provide all other parties with the name and address of the witness 20 days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the 20-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
SB907,272940Section 272. 767.85 (1) of the statutes is amended to read:
SB907,,941941767.85 (1) When required. At any time during the pendency of an action to establish the paternity parentage of a child, if genetic tests show that the alleged father person is not excluded and that the statistical probability of the alleged father’s person’s parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child’s health care expenses.
SB907,273942Section 273. 767.855 of the statutes is amended to read:
SB907,,943943767.855 Dismissal if adjudication not in child’s best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity parentage of a child, upon the motion of a party or guardian ad litem or the person who gave birth to the child if that person is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child parentage is not in the best interest of the child, dismiss the action with respect to the male alleged parent, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male alleged parent, the court or supplemental court commissioner is not required to order those genetic tests.
SB907,274944Section 274. 767.863 (1m) of the statutes is amended to read:
SB907,,945945767.863 (1m) Paternity Parentage allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity parentage of a child who was born to a woman while she was married couple during marriage, if a male person other than the woman’s husband alleges that he, not the husband, is spouse of the person who gave birth claims to be the child’s father parent, a party may allege that a judicial determination that a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband is the father spouse of the person who gave birth is the parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.
SB907,275946Section 275. 767.863 (2) of the statutes is amended to read:
SB907,,947947767.863 (2) Order for tests. If at the first appearance it appears from a sufficient petition or affidavit of the child’s mother person who gave birth to the child or an alleged father parent of the child or from sworn testimony of the child’s mother person who gave birth to the child or an alleged father parent of the child that there is probable cause to believe that any of the males persons named has had sexual intercourse with the mother person who gave birth to the child during a possible time of the child’s conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.84. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.84 (2).
SB907,276948Section 276. 767.87 (1) (a), (b), (d) and (e) of the statutes are amended to read:
SB907,,949949767.87 (1) (a) Evidence of sexual intercourse between the mother parent who gave birth and alleged father parent at any possible time of conception or evidence of a relationship between the mother parent who gave birth and alleged father parent at any time.
SB907,,950950(b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity parent’s parentage based upon the duration of the mother’s pregnancy.
SB907,,951951(d) The statistical probability of the alleged father’s paternity parent’s parentage based upon the genetic tests.
SB907,,952952(e) Medical, scientific, or genetic evidence relating to the alleged father’s paternity parent’s parentage of the child based on tests performed by experts.
SB907,277953Section 277. 767.87 (1m) (intro.) of the statutes is amended to read:
SB907,,954954767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child’s birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the person who gave birth to the child, at the earliest possible of the following:
SB907,278955Section 278. 767.87 (2) of the statutes is amended to read:
SB907,,956956767.87 (2) Admissibility of sexual relations by mother person who gave birth. Testimony relating to sexual relations or possible sexual relations of the mother person who gave birth any time other than the possible time of conception of the child is inadmissible in evidence, unless offered by the mother person who gave birth.
SB907,279957Section 279. 767.87 (3) of the statutes is amended to read:
SB907,,958958767.87 (3) Evidence of identified male person not under jurisdiction. Except as provided in s. 767.84 (4), in an action against an alleged father parent, evidence offered by him the alleged parent with respect to an identified male person who is not subject to the jurisdiction of the court concerning that male’s person’s sexual intercourse with the mother person who gave birth at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father parent has undergone genetic tests and made the results available to the court.
SB907,280959Section 280. 767.87 (6) of the statutes is amended to read:
SB907,,960960767.87 (6) When mother parent who gave birth not compelled to testify. (a) Whenever the state brings the action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of parent who gave birth to the child may not be compelled to testify about the paternity parentage of the child if it has been determined that the mother parent who gave birth to the child has good cause for refusing to cooperate in establishing paternity parentage as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which that define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.
SB907,,961961(b) Nothing in par. (a) prevents the state from bringing an action to determine paternity parentage pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother person who gave birth may establish the paternity parentage of the child.
SB907,281962Section 281. 767.87 (9) of the statutes is amended to read:
SB907,,963963767.87 (9) Artificial insemination; natural father parent. Where If a child is conceived by artificial insemination, the husband spouse of the mother of person who gave birth to the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.
SB907,282964Section 282. 767.87 (10) of the statutes is amended to read: