How do I establish paternity in Wisconsin?
Wisconsin paternity law is in Wis. Stat. Chapter 767 (Actions Affecting the Family) and Chapter 891 (Presumptions).
1. Voluntary Paternity Acknowledgment
Form DCF-F-DWSP2872 is signed by both parents at the hospital or later through the Bureau of Child Support, a county child support agency, or the State Registrar, and filed with the Wisconsin DOH State Registrar. Under Wis. Stat. § 767.805(1) the acknowledgment "is a conclusive determination, which is binding on all persons, of the father-child relationship" once it has been on file for 60 days. Either party may rescind within 60 days or before any administrative or judicial proceeding to establish support (§ 767.805(2)(a)). After that, the acknowledgment may only be set aside under § 767.805(3) on a showing of fraud, duress, or material mistake of fact.
2. Court-Ordered Paternity
A paternity action under Wis. Stat. § 767.80 may be filed by the child, mother, alleged father, personal representative, state, or the Department in the circuit court of the county where the child or alleged father resides. Under § 767.84 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 99% probability creates a rebuttable presumption (§ 767.84(1)(b)).
3. Presumption of Paternity
Under Wis. Stat. § 891.41 a man is presumed the father if married to the mother at any time from conception to birth, married within 300 days before birth, or the conclusive presumption of marital paternity applies. The presumption may be rebutted in a paternity action (§ 891.39).
4. Effects of Establishing Paternity
Triggers child-support liability under Wis. Stat. § 767.511 and DCF 150 guidelines, opens legal custody and physical placement under § 767.41, vests intestate inheritance under Wis. Stat. § 852.05, and supports a birth-certificate amendment via DOH State Registrar.
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under Wis. Stat. § 891.40. Wisconsin lacks a comprehensive surrogacy statute, but circuit courts routinely grant parentage orders. Wisconsin has a unique 'natural and legal father' framework in cases of marital presumption disputes.
This is legal information, not legal advice.
- Voluntary acknowledgment set-aside under § 767.805(3) after 60 days
- Marital presumption dispute over a child born within 300 days of divorce
- Gestational surrogacy parentage order without a Wisconsin statute
- Wis. Stat. § 767.80
- Wis. Stat. § 767.805
- Wis. Stat. § 767.84
- Wis. Stat. § 891.39
- Wis. Stat. § 891.41
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.