Section 69.15. Changes of fact on birth certificates.

 

(1)   Birth certificate information changes. The state registrar may change information on a birth certificate registered in this state which was correct at the time the birth certificate was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

(a) The order provides for an adoption, name change or name change with sex change or establishes paternity; and

(b) A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5) , sends the state registrar a certified report of an order of a court in this state on a form supplied by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22 .

(2)   Adoptions.

(a) Except as provided under par. (b) , if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6) , a new certificate for the subject of the adoption unless the adoptive parents or the subject of the adoption requests, under s. 48.94 (1) , that no new certificate be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate registered for the subject of the adoption. The new certificate shall show:

1. The name of the registrant.

2. The date and place of birth as transcribed from the original certificate. The date and place on the original certificate may not be changed by the court.

3. The names and personal information of the adoptive parents unless otherwise indicated by the court order.

4. The hospital and time of birth as unknown.

5. The filing date on the original certificate.

6. Any other information necessary to complete the new certificate.

(b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order as required under s. 48.97 (3) , the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.

(c) If the state registrar determines that the registrant of a birth certificate was adopted without a change in the registrant's birth certificate under par. (a) or (b) , the state registrar shall obtain a copy of the court order which provided for the adoption, if available, and shall prepare, under sub. (6) , a new certificate for the registrant.

(d)

1. A court shall order the state registrar to prepare for the subject of a birth certificate a new birth certificate based on the information on the subject's original birth certificate if all of the following circumstances apply:

a. The subject of the birth certificate petitions the court for a new birth certificate.

b. The subject is an adult who was the subject of an adoption.

c. The subject did not have the opportunity under par. (a) , at the time of the adoption, to request that no new birth certificate be prepared.

d. The subject knows the identity of each birth parent who is named on his or her original birth certificate.

e. Each birth parent who is alive and who is named on the subject's original birth certificate does not object to the restoration of the information on the subject's original birth certificate.

2. If the court grants an order under subd. 1. , the state registrar shall prepare under sub. (6) a new birth certificate using all of the information contained on the original birth certificate, except for the adoptee's given name at birth, if different.

3. After preparing a new birth certificate under subd. 2. , the state registrar shall follow the procedure under sub. (6) (b) to impound all other birth certificates of the subject except the subject's new birth certificate.

(e) If the state registrar receives an order under s. 48.97 (2) (d) registering the foreign adoption of a child who was adopted under the circumstances described in s. 48.97 (2) , the state registrar shall prepare a certification of birth data for the child using the form in use at the time the court submits the information under s. 48.97 (2) (d) . The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order registering a foreign adoption order under s. 48.97 (2) (d) , the certification shall also indicate that the child is recognized as a U.S. citizen by this state and that the certification shall have the full force and effect of a birth certificate issued by the state registrar.

(3)   Paternity.

(a) If the state registrar receives an order under sub. (1) which establishes paternity or determines that the man whose name appears on a registrant's birth certificate is not the father of the registrant, the state registrar shall do the following, as appropriate:

1. Prepare under sub. (6) a new certificate omitting the father's name if the order determines that the man whose name appears on a registrant's birth certificate is not the father of the registrant and if there is no adjudicated father.

2. Prepare under sub. (6) a new certificate for the subject of a paternity action changing the name of the father if the name of the adjudicated father is different than the name of the man on the birth certificate.

3. Except as provided under subd. 4. , insert the name of the adjudicated father on the original birth certificate if the name of the father was omitted on the original certificate.

4. If the order provides for a change in the child's given name or surname or both, enter the name indicated on a new birth certificate prepared under subd. 1. or 2. or on the original birth certificate under subd. 3. except that if the surname of a child under 7 years of age is changed, the state registrar shall prepare a new certificate under sub. (6) .

(b)

1. Except as provided under par. (c) , if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both of the birth parents of a child determined to be a marital child under s. 767.803 , a certified copy of the parents' marriage certificate, and the fee required under s. 69.22 (5) (b) 1. , the state registrar shall insert the name of the husband from the marriage certificate as the father if the name of the father was omitted on the original birth certificate. The state registrar shall include on the form for the acknowledgment the items in s. 767.813 (5g) .

2. Except as provided under par. (c) , if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity has been signed, the state registrar shall insert the name of the father under subd. 1. upon receipt of a court order determining that the husband was the father of the child.

3. Except as provided under par. (c) , if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22 , the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g) .

4. If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity under subd. 1. or 3. , that the given name or surname, or both, of the registrant should be changed on the birth certificate, the state registrar shall enter the name indicated on the birth certificate without a court order:

a. The mother of the registrant, except as provided under subd. 4. b. and c.

b. The father of the registrant if the father has legal custody of the registrant.

c. The parents of the registrant if they have married each other after the birth of the registrant.

(c) If the state registrar is required to enter a new surname or a new given name on a birth certificate under par. (b) 4. and the registrant has not reached the age of 7 years, the state registrar shall make a new certificate under sub. (6) .

(d) The form prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant's parents signing the form be provided.

(3m)   Rescission of statement acknowledging paternity.

(a) A statement acknowledging paternity that is filed with the state registrar under sub. (3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:

1. The statement was signed and filed on or after April 1, 1998.

2. The person rescinding the statement files with the state registrar a document prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3.

3. The person rescinding the statement files the document under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

(b) If the state registrar, within the time required under par. (a) 3. , receives a document prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3. , along with the proper fee under s. 69.22 , the state registrar shall prepare under sub. (6) a new certificate omitting the father's name if it was inserted under sub. (3) (b) .

(4)   Name change.

(a) If the state registrar receives an order under sub. (1) which provides for a name change, the state registrar shall change the name on the original birth certificate.

(b) Any person with a direct and tangible interest in a birth certificate registered in this state may petition a court to change the name and sex of the registrant on the certificate due to a surgical sex-change procedure. If the state registrar receives an order which provides for such a change the state registrar shall change the name and sex on the original certificate, except that if the court orders the state registrar to prepare a new certificate the state registrar shall prepare a new certificate under sub. (6) . This subsection does not apply to a name change prohibited under s. 301.47 .

(c) A court may not order the state registrar to change any vital record due to a surgical sex-change procedure except as provided under this subsection.

(4m)   Name change without court order.

(a) Unless either parent of a registrant is a party to an action under ch. 767 involving the registrant and notwithstanding sub. (3) (b) 4. and s. 786.36 , the name of a registrant born in this state may be changed once under this subsection without a court order if all of the following apply:

1. The request for the change is received to the state registrar in writing, on a form approved by the state registrar.

2. If a parent has sole legal custody of the registrant, the request for the change is signed by the parent who has legal custody.

3. If both parents have legal custody of the registrant, the request for the change is signed by both parents.

4. The request for the change is received within 365 calendar days after the day of birth of the registrant.

(b) If the conditions under par. (a) 1. to 4. are met, the state registrar shall change the registrant's name on the registrant's birth certificate. The state registrar is not required to issue a new birth certificate under this paragraph.

(5)   New certificate for a person without any certificate. If no birth certificate has been registered for any person who is more than 365 days old and who is entitled to a new certificate under this section, and if the date and place of birth of the person have not been determined by a court, the state registrar shall register a birth certificate for the individual under s. 69.14 (2) (b) before preparing a new certificate under sub. (6) .

(6)   Preparation of new certificates.

(a) The state registrar shall prepare a new birth certificate under this section on the form in use at the time the original certificate was filed. The state registrar shall include on a new certificate the date of creation of the new certificate and shall sign it. The state registrar shall type on the new certificate any other legible signature on the original certificate.

(b) The state registrar shall register a new certificate created under this section and shall impound the original certificate or the certificate registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. 48.432 and 48.433 . The state registrar shall send a copy of any new certificate registered under this section to the local registrar who filed the original of the replaced certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.

(c) If the state registrar changes a birth certificate on file or registered under this section instead of preparing a new certificate, the state registrar shall make the change under s. 69.11 (5) and shall send a notice of the change to the local registrar who filed the original of the changed certificate. Upon receipt of the notice, the local registrar shall change his or her copy of the changed certificate.

1985 a. 315 ; 1987 a. 413 ; 1989 a. 183 ; 1993 a. 481 ; 1995 a. 201 , 404 ; 1997 a. 3 , 27 , 191 ; 2001 a. 16 , 61 ; 2003 a. 52 ; 2005 a. 443 ss. 4 , 5 , 265 ; 2007 a. 20 ; 2013 a. 170 , 379 ; 2015 a. 380 . Although sub. (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under s. 786.36. Paternity of Noah J.M. 223 Wis. 2d 768 , 590 N.W.2d 21 (Ct. App. 1998), 97-2353 .