9.04.290 Presumption of Paternity

(a) A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three- hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by the court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in a parent compliance with tribal or state law, although the attempted marriage, is or could be declared invalid;

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry each other by a marriage solemnized in a parent compliance with tribal or state law although the attempted marriage is or could be declared invalid, and:

(4) He has acknowledged paternity of the child in writing filed with the Division of Vital Statistics of the State Department of Health;

(5) With his consent, he is named as the child's father on the child's birth certificate; or

(6) He is obligated to support the child under a written voluntary promise or was court ordered.

(7) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or

(8) He acknowledges his paternity of the child in a writing filed with the Division of Vital Statistics with the State Department of Health which shall properly inform the mother of the filing of the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the Division of Vital Statistics of the State Department of Health. If another man is presumed under this section to be the child's father, acknowledgment may be affected only with the written consent of the presumed father or after the presumed father has been rebutted.

(b) A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption on which the facts are founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

(c) The presumption of legitimacy of a child born to a married woman can only be disputed by the husband or wife of the descendant of one or both of them.

(d) Voiding determination.

(1) 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. The burden of proof shall be upon the movant. Such burden shall be clear and convincing evidence.

(2) If a court in a proceeding under par.(1)determines that the male is not the father of the child, the court shall vacate any order entered under sub. (a) with respect to the male. The court or the child support agency shall notify the state registrar, in the manner provided in this code 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.

(3) paragraphs (1) and (2) of this section shall apply to Court Orders for paternity, child support, delinquent child support, including Orders in effects at the time of the enactment of this paragraph (3) and all subsequent Orders issued by the Court.