SB70-SSA2-SA2,411 14Section 411. 767.805 (5) (a) and (b) of the statutes are amended to read:
SB70-SSA2-SA2,216,1915 767.805 (5) (a) A determination of paternity parentage that arises under this
16section may be voided at any time upon a motion or petition stating facts that show
17fraud, duress or a mistake of fact. Except for good cause shown, any orders entered
18under sub. (4) shall remain in effect during the pendency of a proceeding under this
19paragraph.
SB70-SSA2-SA2,217,220 (b) If a court in a proceeding under par. (a) determines that the male person is
21not the father parent of the child, the court shall vacate any order entered under sub.
22(4) with respect to the male person. The court or the county child support agency
23under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
24(1) (b), to remove the male's person's name as the father parent of the child from the

1child's birth record. No paternity action may thereafter be brought against the male
2person with respect to the child.
SB70-SSA2-SA2,412 3Section 412. 767.805 (6) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,217,54 767.805 (6) (a) (intro.) This section does not apply unless all of the following
5apply to the statement acknowledging paternity parentage:
SB70-SSA2-SA2,413 6Section 413. 767.855 of the statutes is amended to read:
SB70-SSA2-SA2,217,18 7767.855 Dismissal if adjudication not in child's best interest. Except as
8provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
9child, upon the motion of a party or guardian ad litem or the child's mother if she is
10not a party
, the court or supplemental court commissioner under s. 757.675 (2) (g)
11may, if the court or supplemental court commissioner determines that a judicial
12determination of whether a male is the father of the child is not in the best interest
13of the child, dismiss the action with respect to the male, regardless of whether genetic
14tests have been performed or what the results of the tests, if performed, were.
15Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865
16(2), and 767.88 (4), if genetic tests have not yet been performed with respect to the
17male, the court or supplemental court commissioner is not required to order those
18genetic tests.
SB70-SSA2-SA2,414 19Section 414. 767.863 (1m) of the statutes is amended to read:
SB70-SSA2-SA2,218,520 767.863 (1m) Paternity allegation by male person other than husband
21spouse; when determination not in best interest of child. In an action to establish
22the paternity of a child who was born to a woman while she was married, if a male
23person other than the woman's husband spouse alleges that he, not the husband
24woman's spouse, is the child's father biological parent, a party, or the woman if she
25is not a party,
may allege that a judicial determination that a male person other than

1the husband woman's spouse is the father biological parent is not in the best interest
2of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
3(g) determines that a judicial determination of whether a male person other than the
4husband woman's spouse is the father biological parent is not in the best interest of
5the child, no genetic tests may be ordered and the action shall be dismissed.
SB70-SSA2-SA2,415 6Section 415. 767.87 (1m) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,218,117 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
8the petitioner shall present a certified copy of the child's birth record or a printed copy
9of the record from the birth database of the state registrar to the court, so that the
10court is aware of whether a name has been inserted on the birth record as the father
11parent of the child other than the mother, at the earliest possible of the following:
SB70-SSA2-SA2,416 12Section 416. 767.87 (8) of the statutes is amended to read:
SB70-SSA2-SA2,218,1713 767.87 (8) Burden of proof. The party bringing an action for the purpose of
14determining paternity or for the purpose of declaring the nonexistence of paternity
15presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed
16under s. 891.405 or
891.41 (1) shall have the burden of proving the issues involved
17by clear and satisfactory preponderance of the evidence.
SB70-SSA2-SA2,417 18Section 417. 767.87 (9) of the statutes is amended to read:
SB70-SSA2-SA2,218,2219 767.87 (9) Artificial insemination; natural father parent . Where If a child
20is conceived by artificial insemination, the husband spouse of the mother of the child
21at the time of the conception of the child is the natural father parent of the child, as
22provided in s. 891.40.
SB70-SSA2-SA2,418 23Section 418. 767.883 (1) of the statutes is amended to read:
SB70-SSA2-SA2,219,1924 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
25dealing with the determination of paternity parentage and the 2nd part dealing with

1child support, legal custody, periods of physical placement, and related issues. The
2main issue at the first part shall be whether the alleged or presumed father parent
3is or is not the father parent of the mother's child, but if the child was born to the
4mother while she was the lawful wife spouse of a specified male person, the prior
5issue of whether the husband mother's spouse was not the father parent of the child
6shall be determined first, as provided under s. 891.39. The first part of the trial shall
7be by jury only if the defendant verbally requests a jury trial either at the initial
8appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial
9hearing. The court may direct and, if requested by either party before the
10introduction of any testimony in the party's behalf, shall direct the jury to find a
11special verdict as to any of the issues specified in this section, except that the court
12shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
13becomes insane, cannot be found within the jurisdiction, or fails to commence or
14pursue the action, the proceeding does not abate if any of the persons under s. 767.80
15(1) makes a motion to continue. The testimony of the mother taken at the pretrial
16hearing may in any such case be read in evidence if it is competent, relevant, and
17material. The issues of child support, custody, and visitation, and related issues shall
18be determined by the court either immediately after the first part of the trial or at
19a later hearing before the court.
SB70-SSA2-SA2,419 20Section 419. 769.316 (9) of the statutes is amended to read:
SB70-SSA2-SA2,219,2321 769.316 (9) The defense of immunity based on the relationship of husband and
22wife
between spouses or parent and child does not apply in a proceeding under this
23chapter.
SB70-SSA2-SA2,420 24Section 420. 769.401 (2) (a) of the statutes is amended to read:
SB70-SSA2-SA2,219,2525 769.401 (2) (a) A parent or presumed father parent of the child.
SB70-SSA2-SA2,421
1Section 421. 769.401 (2) (g) of the statutes is repealed.
SB70-SSA2-SA2,422 2Section 422. 815.20 (1) of the statutes is amended to read:
SB70-SSA2-SA2,220,153 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
4resident owner and occupied by him or her shall be exempt from execution, from the
5lien of every judgment, and from liability for the debts of the owner to the amount
6of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and
7taxes, and except as otherwise provided. The exemption shall not be impaired by
8temporary removal with the intention to reoccupy the premises as a homestead nor
9by the sale of the homestead, but shall extend to the proceeds derived from the sale
10to an amount not exceeding $75,000, while held, with the intention to procure
11another homestead with the proceeds, for 2 years. The exemption extends to land
12owned by husband and wife spouses jointly or in common or as marital property, and
13each spouse may claim a homestead exemption of not more than $75,000. The
14exemption extends to the interest therein of tenants in common, having a homestead
15thereon with the consent of the cotenants, and to any estate less than a fee.
SB70-SSA2-SA2,423 16Section 423. 822.40 (4) of the statutes is amended to read:
SB70-SSA2-SA2,220,2017 822.40 (4) A privilege against disclosure of communications between spouses
18and a defense of immunity based on the relationship of husband and wife between
19spouses
or parent and child may not be invoked in a proceeding under this
20subchapter.
SB70-SSA2-SA2,424 21Section 424. 851.30 (2) (a) of the statutes is amended to read:
SB70-SSA2-SA2,221,222 851.30 (2) (a) An individual who obtains or consents to a final decree or
23judgment of divorce from the decedent or an annulment of their marriage, if the
24decree or judgment is not recognized as valid in this state, unless they subsequently

1participate in a marriage ceremony purporting to marry each other or they
2subsequently hold themselves out as husband and wife married to each other.
SB70-SSA2-SA2,425 3Section 425. 852.01 (1) (f) 1. of the statutes is amended to read: