Wisconsin Code § 891.41

Presumption of paternity based on marriage of the parties
Open in Lexace · Ask the AI about this section
(1) A man is presumed to be the natural father
of a child if any of the following applies:
(a) He and the child’s natural mother are or have been married
to each other and the child is conceived or born after marriage
and before the granting of a decree of legal separation, annulment
or divorce between the parties.
(b) He and the child’s natural mother were married to each
other after the child was born but he and the child’s natural
mother had a relationship with one another during the period of
time within which the child was conceived and no other man has
been adjudicated to be the father or presumed to be the father of
the child under par. (a).
(2) In a legal action or proceeding, a presumption under sub.
(1) is rebutted by results of a genetic test, as defined in s. 767.001
(1m), that show that a man other than the man presumed to be the
father under sub. (1) is not excluded as the father of the child and
that the statistical probability of the man’s parentage is 99.0 percent or higher, even if the man presumed to be the father under
sub. (1) is unavailable to submit to genetic tests, as defined in s.
767.001 (1m).

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.