767.803.Determination of marital children.
Subch. IX: Paternity · Last amended 2017 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.803
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.25; 1979 c. 352; Stats. 1979 s. 767.60; 1981 c. 314 s. 146; 1983 a. 447; 1985 a. 315; 2005 a. 443 s. 229; Stats. 2005 s. 767.803; 2017 a. 334.
Plain-English Summary
One sentence of substance, and an old one. When the father and mother of a nonmarital child enter a lawful marriage — or one that appears lawful and which they believe is lawful — the child becomes a marital child, is entitled to a change in the birth record, and has every right and privilege of a child born during the marriage. The exception is where the mother's parental rights were terminated before either of those things happened.
Two details give the section its reach. It applies to all cases before, on or after its effective date, though no estate already vested is divested by it. And the children of marriages later declared void are marital children even so — the law's mistake about the marriage is not visited on the child.
Frequently Asked Questions
Does marrying after the birth make our child marital in Wisconsin?
Yes. The child becomes a marital child, is entitled to a change in the birth record, and enjoys all the rights and privileges of a child born during the marriage.
What if the marriage turns out to be invalid?
The section covers a marriage that appears lawful and which the parents believe is lawful, and it states that the children of marriages declared void are nevertheless marital children.
Is there an exception?
Yes, where the parental rights of the mother were terminated before the marriage.