69.14 Registration of births.

1,639 words·~7 min read·/wi/chapter-69/69-14-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Filing requirements.

(a)Filing deadline. A record of birth for every birth that occurs in this state shall be filed within 5 days after the birth with the state registrar, who shall register the birth under this subchapter.

(b)Accuracy. Either parent of a child who is the subject of a birth record, or, if neither parent is available, another person with knowledge of the facts of the birth, shall attest to the accuracy of the personal data entered on the record in time to permit the filing of the record within 5 days after the birth.

(c)Filing party. A birth record shall be prepared and filed by the following:

1. If the birth occurs at or on route to a hospital, the hospital administrator or his or her designee;

2. In the absence of a person under subd. 1. , the physician in attendance at or immediately after the birth;

3. In the absence of a person under subd. 1. or 2. , any other person in attendance at or immediately after the birth; or

4. In the absence of a person under subds. 1. to 3. , the father or mother, or in the absence of the father and the inability of the mother, the person responsible for the premises where the birth occurs.

(cm)Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03

(14). If the child’s parents are not married at the time of the child’s birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15

(b)3. The filing party shall ensure that trained, designated hospital staff provide to the child’s available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. The department of children and families shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child’s birth.

(d)Place of birth.

1. On a birth record the place of birth shall be the place where the placenta is removed except as provided under subd. 2.

2. If a birth occurs in a conveyance within the United States and the birth child is first removed from the conveyance in this state, the birth shall be filed in this state and the place where the birth child is first removed from the conveyance shall be the place of birth on the birth record. If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the birth child is first removed from the conveyance in this state, a birth record for the child shall be filed in this state and the place of birth on the birth record shall be the actual place of birth as determined by the filing party.

(e)Father’s name.

1. If the mother of a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband of the mother shall be entered on the birth record as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under ch. 767 .

2. If the mother was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth record except as provided under s. 69.15

(3). If under this subdivision the name of the father of the registrant of a birth record is omitted from the record, no other information about the father may be entered on the record.

(f)Registrant’s name.

a. Except as provided under subd. 1. b. , if the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother and father of the registrant enter for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

b. If the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which the parent of the registrant with actual custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

c. If the mother of a registrant of a birth record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother of the registrant enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

2. If no surname has been entered for a registrant within 5 days after the registrant’s birth, the filing party shall file a birth record for the registrant without entering a surname on the birth record. The state registrar and any local registrar may not issue any certified copy of the birth record until a surname is entered under this paragraph.

(g)Birth by artificial insemination. If the registrant of a birth record under this section is born as a result of artificial insemination under the requirements of s. 891.40 , the husband of the woman shall be considered the father of the registrant on the birth record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40 , the information about the father of the registrant shall be omitted from the registrant’s birth record.

(h)Surrogate mother. If the registrant of a birth record under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth record and the information about the father shall be omitted from the birth record. If a court determines parental rights over the registrant, the clerk of court shall report the court’s determination to the state registrar on a form prescribed by the state registrar, along with the fee required under s. 69.22 . Upon receipt of the report, the state registrar shall prepare and register a new birth record for the registrant under s. 69.15

(6)and send notice of the new record to the local registrar who filed the original record. Upon receipt of the notice, the local registrar shall destroy his or her copy of the replaced record.

(2)Late registrations.

(a)Registration 6 to 365 days after birth. If a birth record is filed 6 to 365 days after the date of birth, the filing party shall proceed in the manner prescribed for birth records filed under sub.

(1). Before registering the record, the state registrar may require additional evidence in support of the facts of birth and an explanation of why the birth record was not filed under sub.

(1). If a birth record filed under this subsection is signed by a person other than the person attending the birth or the person managing the institution where the birth occurred or its medical records, the state registrar may require a notarized statement of why the record was not filed under sub.

(1).

(b)Registration more than 365 days after birth.

1. If more than 365 days have elapsed since the birth of a person born in this state and a record of the birth has not been filed in this state, such person or the parent or guardian of the person, if the person is living, may request that the state registrar register a birth record for the person under this paragraph.

2. Any person requesting a birth record under this paragraph shall establish the following facts by evidence documented under subd. 3. :

a. The full name of the registrant given after the time of birth.

b. The date and place of birth.

c. The full maiden name of the mother.

d. The full name of the father, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under s. 69.15

(3).