Wisconsin Statutes 49.225 – Ordering genetic tests
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 49.225
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Subpoena: A command to a witness to appear and give testimony.
(1) In this section, “genetic test” has the meaning given in s. 767.001 (1m).
(2)
(a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child’s mother, and a male alleged, or alleging himself, to be the child’s father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child’s mother during a possible time of the child’s conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child’s mother, the male alleged, or alleging himself, to be the child’s father, or the county child support agency under s. 59.53 (5) based on information provided by the child’s mother.
(b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.80 for determining the paternity of the child.
(3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
(a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male’s parentage is 99.0 percent or higher.
(b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.