AB337,62,219 767.80 (2) Certain agreements not a bar to action. Regardless of its terms,
20an agreement made after July 1, 1981, other than an agreement approved by the
21court between an alleged or presumed father parent and the mother or child, does
22not bar an action under this section. Whenever the court approves an agreement in
23which one of the parties agrees not to commence an action under this section, the
24court shall first determine whether or not the agreement is in the best interest of the

1child. The court shall not approve any provision waiving the right to bring an action
2under this section if this provision is contrary to the best interests of the child.
AB337,144 3Section 144 . 767.803 of the statutes is amended to read:
AB337,62,13 4767.803 Determination of marital children. If the father and mother
5natural parents of a nonmarital child enter into a lawful marriage or a marriage
6which appears and they believe is lawful, except where the parental rights of the
7mother parent who gave birth were terminated before either of these circumstances,
8the child becomes a marital child, is entitled to a change in birth record under s. 69.15
9(3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she
10had been born during the marriage of the parents. This section applies to all cases
11before, on, or after its effective date, but no estate already vested shall be divested
12by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages
13declared void under the law are nevertheless marital children.
AB337,145 14Section 145 . 767.805 (1), (1m), (2), (3) (title) and (a), (4) (intro.) and (d), (5) and
15(6) (a) (intro.) of the statutes are amended to read:
AB337,62,2016 767.805 (1) Conclusive determination of paternity parentage. A statement
17acknowledging paternity parentage that is on file with the state registrar under s.
1869.15 (3) (b) 3. after the last day on which a person may timely rescind the statement,
19as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same
20effect as a judgment, of paternity.
AB337,62,22 21(1m) Minor parent may not sign. A minor may not sign a statement
22acknowledging paternity parentage.
AB337,63,2 23(2) Rescission of acknowledgment. (a) A statement acknowledging paternity
24parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be

1rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a
2parent of the child who is the subject of the statement.
AB337,63,73 (b) If a statement acknowledging paternity parentage is timely rescinded as
4provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with
5respect to the male person who signed the statement as the father parent of the child
6unless the male person is adjudicated the child's father parent using the procedures
7set forth in this subchapter, except for this section.
AB337,63,13 8(3) (title) Actions when paternity parentage acknowledged. (a) Unless the
9statement acknowledging paternity parentage has been rescinded, an action
10affecting the family concerning custody, child support or physical placement rights
11may be brought with respect to persons who, with respect to a child, jointly signed
12and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a
13statement acknowledging paternity parentage.
AB337,63,17 14(4) Orders when paternity parentage acknowledged. (intro.) In an action
15under sub. (3) (a), if the persons who signed and filed the statement acknowledging
16paternity as parents parentage of the child had notice of the hearing, the court shall
17make an order that contains all of the following provisions:
AB337,64,218 (d) 1. An order establishing the amount of the father's obligation to pay or
19contribute to the reasonable expenses of the mother's pregnancy and the child's birth
20childbirth by the parent who did not give birth. The amount established may not
21exceed one-half of the total actual and reasonable pregnancy and birth expenses.
22The order also shall specify the court's findings as to whether the father's parent who
23did not give birth has an
income that is at or below the poverty line established under
2442 USC 9902 (2), and shall specify whether periodic payments are due on the

1obligation, based on the father's parent's ability to pay or contribute to those
2expenses.
AB337,64,63 2. If the order does not require periodic payments because the father parent has
4no present ability to pay or contribute to the expenses, the court may modify the
5judgment or order at a later date to require periodic payments if the father parent
6has the ability to pay at that time.
AB337,64,11 7(5) Voiding determination. (a) A determination of paternity parentage that
8arises under this section may be voided at any time upon a motion or petition stating
9facts that show fraud, duress or a mistake of fact. Except for good cause shown, any
10orders entered under sub. (4) shall remain in effect during the pendency of a
11proceeding under this paragraph.
AB337,64,1812 (b) If a court in a proceeding under par. (a) determines that the male person is
13not the father parent of the child, the court shall vacate any order entered under sub.
14(4) with respect to the male person. The court or the county child support agency
15under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
16(1) (b), to remove the male's person's name as the father parent of the child from the
17child's birth record. No paternity action may thereafter be brought against the male
18person with respect to the child.
AB337,64,20 19(6) (a) (intro.) This section does not apply unless all of the following apply to
20the statement acknowledging paternity parentage:
AB337,146 21Section 146 . 767.855 of the statutes is amended to read:
AB337,65,4 22767.855 Dismissal if adjudication not in child's best interest. Except as
23provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
24child, upon the motion of a party or guardian ad litem or the child's mother if she is
25not a party
, the court or supplemental court commissioner under s. 757.675 (2) (g)

1may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet
2been taken, and dismiss the action if the court or supplemental court commissioner
3determines that a judicial determination of whether the male is the father of the
4child is not in the best interest of the child.
AB337,147 5Section 147. 767.863 (1m) of the statutes is amended to read:
AB337,65,166 767.863 (1m) Paternity allegation by male person other than husband
7spouse; when determination not in best interest of child. In an action to establish
8the paternity of a child who was born to a woman while she was married, if a male
9person other than the woman's husband spouse alleges that he, not the husband
10woman's spouse, is the child's father biological parent, a party, or the woman if she
11is not a party,
may allege that a judicial determination that a male person other than
12the husband woman's spouse is the father biological parent is not in the best interest
13of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
14(g) determines that a judicial determination of whether a male person other than the
15husband woman's spouse is the father biological parent is not in the best interest of
16the child, no genetic tests may be ordered and the action shall be dismissed.
AB337,148 17Section 148 . 767.87 (1m) (intro.) of the statutes is amended to read:
AB337,65,2218 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
19the petitioner shall present a certified copy of the child's birth record or a printed copy
20of the record from the birth database of the state registrar to the court, so that the
21court is aware of whether a name has been inserted on the birth record as the father
22parent of the child other than the mother, at the earliest possible of the following:
AB337,149 23Section 149 . 767.87 (8) of the statutes is amended to read:
AB337,66,324 767.87 (8) Burden of proof. The party bringing an action for the purpose of
25determining paternity or for the purpose of declaring the nonexistence of paternity

1presumed under s. 891.405 or the nonexistence of parentage presumed under s.
2891.41 (1) shall have the burden of proving the issues involved by clear and
3satisfactory preponderance of the evidence.
AB337,150 4Section 150. 767.87 (9) of the statutes is amended to read:
AB337,66,85 767.87 (9) Artificial insemination; natural father parent. Where If a child
6is conceived by artificial insemination, the husband spouse of the mother of the child
7at the time of the conception of the child is the natural father parent of the child, as
8provided in s. 891.40.
AB337,151 9Section 151. 767.883 (1) of the statutes is amended to read:
AB337,67,510 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
11dealing with the determination of paternity and the 2nd part dealing with child
12support, legal custody, periods of physical placement, and related issues. The main
13issue at the first part shall be whether the alleged or presumed father parent is or
14is not the father parent of the mother's child, but if the child was born to the mother
15while she was the lawful wife spouse of a specified male person, the prior issue of
16whether the husband mother's spouse was not the father parent of the child shall be
17determined first, as provided under s. 891.39. The first part of the trial shall be by
18jury only if the defendant verbally requests a jury trial either at the initial
19appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial
20hearing. The court may direct and, if requested by either party before the
21introduction of any testimony in the party's behalf, shall direct the jury to find a
22special verdict as to any of the issues specified in this section, except that the court
23shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
24becomes insane, cannot be found within the jurisdiction, or fails to commence or
25pursue the action, the proceeding does not abate if any of the persons under s. 767.80

1(1) makes a motion to continue. The testimony of the mother taken at the pretrial
2hearing may in any such case be read in evidence if it is competent, relevant, and
3material. The issues of child support, custody, and visitation, and related issues shall
4be determined by the court either immediately after the first part of the trial or at
5a later hearing before the court.
AB337,152 6Section 152. 769.316 (9) of the statutes is amended to read:
AB337,67,97 769.316 (9) The defense of immunity based on the relationship of husband and
8wife
between spouses or parent and child does not apply in a proceeding under this
9chapter.