AB68-SSA1,3089
4Section 3089
. 822.40 (4) of the statutes is amended to read:
AB68-SSA1,1432,85
822.40
(4) A privilege against disclosure of communications between spouses
6and a defense of immunity based on the relationship
of husband and wife between
7spouses or parent and child may not be invoked in a proceeding under this
8subchapter.
AB68-SSA1,3090
9Section 3090
. 851.30 (2) (a) of the statutes is amended to read:
AB68-SSA1,1432,1410
851.30
(2) (a) An individual who obtains or consents to a final decree or
11judgment of divorce from the decedent or an annulment of their marriage, if the
12decree or judgment is not recognized as valid in this state, unless they subsequently
13participate in a marriage ceremony purporting to marry each other or they
14subsequently hold themselves out as
husband and wife
married to each other.
AB68-SSA1,3091
15Section 3091
. 852.01 (1) (f) 1. of the statutes is amended to read:
AB68-SSA1,1432,1916
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
17both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 18grandparents
on that side are deceased, to the issue of the
maternal grandparents
19on that side or either of them, per stirpes.
AB68-SSA1,3092
20Section 3092
. 852.01 (1) (f) 2. of the statutes is amended to read:
AB68-SSA1,1432,2221
852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
22manner as to the
maternal relations under subd. 1.
AB68-SSA1,3093
23Section 3093
. 852.01 (1) (f) 3. of the statutes is amended to read:
AB68-SSA1,1433,3
1852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
2grandparent or issue of a grandparent, the entire estate to the decedent's relatives
3on the other side.
AB68-SSA1,3094
4Section 3094
. 854.03 (3) of the statutes is amended to read:
AB68-SSA1,1433,115
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
6husband and wife 2 spouses die leaving marital property and it is not established
7that one survived the other by at least 120 hours, 50 percent of the marital property
8shall be distributed as if it were
the husband's
the first spouse's individual property
9and the
husband 2nd spouse had survived, and 50 percent of the marital property
10shall be distributed as if it were the
wife's
2nd spouse's individual property and the
11wife first spouse had survived.
AB68-SSA1,3095
12Section 3095
. 891.39 (title) of the statutes is amended to read:
AB68-SSA1,1433,14
13891.39 (title)
Presumption as to whether a child is marital or
14nonmarital; self-crimination self-incrimination; birth certificates.
AB68-SSA1,3096
15Section 3096
. 891.39 (1) (a) of the statutes is amended to read:
AB68-SSA1,1434,416
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
17was born to a woman while she was
the lawful wife of
legally married to a specified
18man person, any party asserting in such action or proceeding that the
husband was 19spouse is not the
father parent of the child shall have the burden of proving that
20assertion by a clear and satisfactory preponderance of the evidence. In all such
21actions or proceedings the
husband and the wife
spouses are competent to testify as
22witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
23litem to appear for and represent the child whose
paternity parentage is questioned.
24Results of a genetic test, as defined in s. 767.001 (1m), showing that a
man person 25other than the
husband mother's spouse is not excluded as the father of the child and
1that the statistical probability of the
man's person's parentage is 99.0 percent or
2higher constitute a clear and satisfactory preponderance of the evidence of the
3assertion under this paragraph, even if the
husband
mother's spouse is unavailable
4to submit to genetic tests, as defined in s. 767.001 (1m).
AB68-SSA1,3097
5Section 3097
. 891.39 (1) (b) of the statutes is amended to read:
AB68-SSA1,1434,136
891.39
(1) (b) In actions affecting the family
, in which the question of
paternity 7parentage is raised, and in paternity proceedings, the court, upon being satisfied that
8the parties to the action are unable to adequately compensate any such guardian ad
9litem for the guardian ad litem's services and expenses, shall then make an order
10specifying the guardian ad litem's compensation and expenses, which compensation
11and expenses shall be paid as provided in s. 967.06. If the court orders a county to
12pay the compensation of the guardian ad litem, the amount ordered may not exceed
13the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB68-SSA1,3098
14Section 3098
. 891.39 (3) of the statutes is amended to read:
AB68-SSA1,1434,2115
891.39
(3) If any court under this section adjudges a child to be a nonmarital
16child, the clerk of court shall report the facts to the state registrar, who shall issue
17a new birth record showing the correct facts as found by the court, and shall dispose
18of the original, with the court's report attached under s. 69.15 (3). If the
husband 19mother's spouse is a party to the action and the court makes a finding as to whether
20or not the
husband mother's spouse is the
father parent of the child, such finding
21shall be conclusive in all other courts of this state.
AB68-SSA1,3099
22Section 3099
. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
23amended to read:
AB68-SSA1,1435,524
891.40
(1) (a) If,
under the supervision of a licensed physician and with the
25spouse's consent
of her husband, a
wife person is inseminated artificially
as provided
1in par. (b) with semen donated by a
man person who is not
her husband
the spouse
2of the person being inseminated, the
husband
spouse of the
mother inseminated
3person at the time of the conception of the child shall be the natural
father parent 4of a child conceived. The
husband's spouse's consent must be in writing and signed
5by him
or her and
his wife. The
by the inseminated person.
AB68-SSA1,1435,12
6(c) 1. If the artificial insemination under par. (a) takes place under the
7supervision of a licensed physician, the physician shall certify
their the signatures
8on the consent and the date of the insemination, and shall file the
husband's spouse's 9consent with the department of health services
, where it shall be kept. If the
10artificial insemination under par. (a) does not take place under the supervision of a
11licensed physician, the spouses shall file the signed consent, which shall include the
12date of the insemination, with the department of health services.
AB68-SSA1,1435,14
132. The department of health services shall keep a consent filed under subd. 1.
14confidential and in a sealed file except as provided in s. 46.03 (7) (bm).
However,
AB68-SSA1,1435,16
153. Notwithstanding subd. 1., the physician's
or spouses' failure to file the
16consent form does not affect the legal status of
father natural parent and child.
AB68-SSA1,1435,20
17(d) All papers and records pertaining to the
artificial insemination
under par.
18(a), whether part of the permanent record of a court or of a file held by
the a
19supervising physician
or sperm bank or elsewhere, may be inspected only upon an
20order of the court for good cause shown.
AB68-SSA1,3100
21Section 3100
. 891.40 (1) (b) of the statutes is created to read:
AB68-SSA1,1435,2322
891.40
(1) (b) The artificial insemination under par. (a) must satisfy any of the
23following:
AB68-SSA1,1435,2524
1. The artificial insemination takes place under the supervision of a licensed
25physician.