2017 Wisconsin Statutes & Annotations
Chapter 767. Actions affecting the family.
767.805 Voluntary acknowledgment of paternity.
767.805 Voluntary acknowledgment of paternity.
(1) Conclusive determination of paternity. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.
(1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity.
(2) Rescission of acknowledgment.
(a) A statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.
(b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male who signed the statement as the father of the child unless the male is adjudicated the child's father using the procedures set forth in this subchapter, except for this section.
(3) Actions when paternity acknowledged.
(a) Unless the statement acknowledging paternity has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity.
(b) Except as provided in s. 767.407, in an action specified in par. (a) the court may appoint a guardian ad litem for the child.
(4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:
(a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.41.
(b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.511.
(c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B) [26 USC 151 (c)], or as an exemption for state tax purposes under s. 71.07 (8) (b).
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
(d)
1. An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's ability to pay or contribute to those expenses.
2. If the order does not require periodic payments because the father has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father has the ability to pay at that time.
(e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.
(f) An order requiring either party to pay or contribute to the attorney fees of the other party.
(4m) Liability for past support.
(a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:
1. That he or she was induced to delay commencing the action by any of the following:
a. Duress or threats.
b. Actions, promises or representations by the other party upon which the party relied.
c. Actions taken by the other party to evade proceedings under sub. (3) (a).
2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.
(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.
(5) Voiding determination.
(a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.
(b) If a court in a proceeding under par. (a) determines that the male is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the male. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the male with respect to the child.
(6) Applicability.
(a) This section does not apply unless all of the following apply to the statement acknowledging paternity:
1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.
2. The statement was signed and filed on or after April 1, 1998.
3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.
(b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). The new statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.
(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on April 1, 1998.
NOTE: 2005 Wis. Act 443 contains explanatory notes.
A Michigan Affidavit of Parentage was a conclusive determination of paternity in Wisconsin. The affidavit was not voided under sub. (5) (a) by a Wisconsin child support action in which tests found the signer of the affidavit not to be the biological father when there was no showing of fraud, duress, or a mistake of fact in relation to the signing of the affidavit. Sub. (5) (b) does not prevent the child from bringing a paternity action based on having been unrepresented at the original paternity proceeding. Daniel T. W. v. Joni K. W. 2009 WI App 13, 315 Wis. 2d 181, 762 N.W.2d 444, 08-0902.
Wisconsin's Custody, Placement and Paternity Reform Legislation. Walther. Wis. Law. April 2000.
