AB263-ASA1,7,22 F. That no action to invalidate the affidavit, including an action based on fraud or duress, may be commenced more than 6 months after the date the affidavit was executed, except that, if the petition to terminate parental rights is granted, no action to invalidate the affidavit may be commenced later than the time limits allowed for filing a motion for relief from judgment under s. 48.46 (2).”

AB263-ASA1,7,25 5. An affidavit under subd. 1. shall contain a statement that the person voluntarily disclaims any rights that he or she may have to the child, including the right to notice of proceedings under this chapter.

AB263-ASA1,8,5 6. If a guardian has not been appointed under s. 48.977, an affidavit under subd. 1. may contain the nomination of the department, a county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the child and the individual's address.

AB263-ASA1,8,7 7. A copy of the affidavit shall be provided to the person at the time he or she signs the affidavit.

AB263-ASA1,8,10 8. The affidavit may not contain terms for post-termination contact between the child and the person whose parental rights are to be terminated as a condition of the disclaimer of parental rights.

AB263-ASA1,8,15 9. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the father or presumed or alleged father shall sign a statement revoking the disclaimer of parental rights that is notarized. A copy of the revocation shall be filed with the clerk of court. The revocation is not valid unless it is executed and filed before 72 hours after the birth of the child.

AB263-ASA1,2 Section 2. 48.41 (2) (cm) of the statutes is created to read:

AB263-ASA1,8,22 48.41 (2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file a declaration of paternal interest in matters affecting a child under s. 48.025 and who fails to do so as provided in that section is deemed to have irrevocably consented to the termination of any parental rights that he may have and is deemed to have disclaimed any rights that he may have to the child, including the right to notice of proceedings under this subchapter.

AB263-ASA1,8,24 2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed, any of the following applies:

AB263-ASA1,9,2 a. An action or motion to determine if the person is the child's father has been filed and has not been resolved.

AB263-ASA1,9,5 b. The person has been acknowledged as the child's father under s. 767.805 or a substantially similar law of another state and the acknowledgment has not been rescinded.

AB263-ASA1,9,6 c. The person meets the conditions specified in s. 48.423 (2).

AB263-ASA1,3 Section 3. 48.415 (intro.) of the statutes is amended to read:

AB263-ASA1,9,20 48.415 Grounds for involuntary termination of parental rights. (intro.) At the fact-finding portion of the fact-finding and dispositional hearing the court or jury shall determine whether grounds exist for the termination of parental rights. If the child is an Indian child, the court or jury shall also determine at the fact-finding portion of the fact-finding and dispositional hearing whether continued custody of the Indian child by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child's family and whether those efforts have proved unsuccessful, unless partial summary judgment on the grounds for termination of parental rights is granted, in which case the court shall make those determinations at the dispositional portion of the fact-finding and dispositional hearing. Grounds for termination of parental rights shall be one of the following:

AB263-ASA1,4 Section 4. 48.415 (1) (a) 4. of the statutes is created to read:

AB263-ASA1,9,24 48.415 (1) (a) 4. That a person who is or may be the father of the child failed without reasonable cause to provide care and support for the mother during her pregnancy.

AB263-ASA1,5 Section 5. 48.415 (1) (a) 5. of the statutes is created to read:

AB263-ASA1,10,2 48.415 (1) (a) 5. That the parent has failed without reasonable cause to pay court-ordered payments of child support.

AB263-ASA1,6 Section 6. 48.415 (6) (b) of the statutes is amended to read:

AB263-ASA1,10,13 48.415 (6) (b) In this subsection, “substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has expressed concern for or interest in the provided care or support , care or well-being of for the child, and whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father of the child, the person has expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

AB263-ASA1,7 Section 7. 48.415 (9) (a) of the statutes is amended to read:

AB263-ASA1,10,22 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at the fact-finding portion of a fact-finding and dispositional hearing under s. 48.424 indicating that the person who may be the father of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother of the child.

AB263-ASA1,8 Section 8. 48.42 (2) (b) (intro.) and 1. of the statutes are consolidated, renumbered 48.42 (2) (b) and amended to read:

AB263-ASA1,11,5 48.42 (2) (b) Except as provided in par. (bm), if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established: 1. A , a person who has filed an unrevoked declaration of paternal interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB263-ASA1,9 Section 9. 48.42 (2) (b) 2. of the statutes is repealed.

AB263-ASA1,10 Section 10. 48.42 (2) (b) 3. of the statutes is repealed.

AB263-ASA1,11 Section 11. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated, renumbered 48.42 (2) (bm) and amended to read:

AB263-ASA1,11,16 48.42 (2) (bm) If the child is a nonmarital child who is under one year of age at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A , a person who has filed an unrevoked declaration of paternal interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

AB263-ASA1,12 Section 12. 48.42 (2) (bm) 2. of the statutes is repealed.