767.805.Voluntary acknowledgment of paternity.

Subch. IX: Paternity · Last amended 2021 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.805 makes a filed and unrescinded statement acknowledging paternity a conclusive determination with the effect of a judgment, voidable only for fraud, duress or mistake of fact.

Full Text of Section 767.805

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(1) CONCLUSIVE DETERMINATION OF PATERNITY. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.

(1m) MINOR PARENT MAY NOT SIGN. A minor may not sign a statement acknowledging paternity.

(2) RESCISSION OF ACKNOWLEDGMENT. (a) A statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

(b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male who signed the statement as the father of the child unless the male is adjudicated the child’s father using the procedures set forth in this subchapter, except for this section.

(3) ACTIONS WHEN PATERNITY ACKNOWLEDGED. (a) Unless the statement acknowledging paternity has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity.

(b) Except as provided in s. 767.407, in an action specified in par. (a) the court may appoint a guardian ad litem for the child.

(4) ORDERS WHEN PATERNITY ACKNOWLEDGED. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:

(a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.41.

(am) The information set forth in s. 767.41 (6) (h).

(b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.511.

(c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c).

(d) 1. An order establishing the amount of the father’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s ability to pay or contribute to those expenses. 2. If the order does not require periodic payments because the father has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father has the ability to pay at that time.

(e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

(f) An order requiring either party to pay or contribute to the attorney fees of the other party.

(4m) LIABILITY FOR PAST SUPPORT. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following: 1. That he or she was induced to delay commencing the action by any of the following: a. Duress or threats. b. Actions, promises or representations by the other party upon which the party relied. c. Actions taken by the other party to evade proceedings under sub. (3) (a). 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

(5) VOIDING DETERMINATION. (a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

(b) If a court in a proceeding under par. (a) determines that the male is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the male. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male’s name as the father of the child from the child’s birth record. No paternity action may thereafter be brought against the male with respect to the child.

(6) APPLICABILITY. (a) This section does not apply unless all of the following apply to the statement acknowledging paternity: 1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998. 2. The statement was signed and filed on or after April 1, 1998. 3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

(b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). The new statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.

(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with the acknowledgements of paternity that are prescribed by the state registrar on April 1, 1998.

End

Official Notes

Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.

NOTE: 2005 Wis. Act 443 contains explanatory notes. A Michigan Affidavit of Parentage was a conclusive determination of paternity in Wisconsin. The affidavit was not voided under sub. (5) (a) by a Wisconsin child support action in which tests found the signer of the affidavit not to be the biological father when there was no showing of fraud, duress, or a mistake of fact in relation to the signing of the affidavit. Sub. (5) (b) does not prevent the child from bringing a paternity action based on having been unrepresented at the original paternity proceeding. Daniel T.W. v. Joni K.W., 2009 WI App 13, 315 Wis. 2d 181, 762 N.W.2d 444, 08-0902. A circuit court does not have the power to change the name of a child when paternity has been determined on the basis of voluntary acknowledgment under this section. Scace v. Schulte, 2018 WI App 30, 382 Wis. 2d 180, 913 N.W.2d 189, 162413. Wisconsin’s Custody, Placement, and Paternity Reform Legislation.

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: 1993 a. 481; 1995 a. 100; 1997 a. 191; 1999 a. 9; 2001 a. 16, 61; 2005 a. 304; 2005 a. 443 ss. 233, 242; Stats. 2005 s. 767.805; 2013 a. 170; 2017 a. 203, 334, 366; 2021 a. 127.

Plain-English Summary

The other route to paternity without a trial, and the one most often used: both parents sign a statement acknowledging paternity, and it is filed with the state registrar.

The effect. Once the period for rescinding has passed, the statement is a conclusive determination of paternity with the same effect as a judgment. A minor may not sign one. A person who signed as a parent may rescind within the statutory window, and if they do, no order may be made against the man unless he is adjudicated the father through the ordinary paternity procedure.

What follows. A family action about custody, support and placement may be brought, and the court's order must cover the same ground as after a conclusive genetic determination: custody and placement, the required custody information, support for a child under 18 or under 19 if pursuing a high school diploma or its equivalent, the tax exemption, the father's share of pregnancy and birth expenses capped at one-half of the total actual and reasonable expenses with findings on the poverty line, guardian ad litem fees and costs, and attorney fees.

Undoing it. A determination arising under this section may be voided at any time on a motion stating facts showing fraud, duress or a mistake of fact. Orders already made stay in effect during that proceeding except for good cause. If the court finds the man is not the father, it vacates the orders, his name is removed from the birth record, and no paternity action may afterwards be brought against him for that child.

Which statements count. Only those on the registrar's form prescribed for use beginning April 1, 1998, signed and filed on or after that date, and carrying an attestation that both parties received oral and written notice of the legal consequences, the rights and responsibilities, and the alternatives before signing. Parties who signed earlier may sign a new statement that meets those requirements, and it supersedes the old one.

Frequently Asked Questions

Is signing a Wisconsin paternity acknowledgment the same as a court judgment?

After the time for rescinding has passed, yes — it is a conclusive determination of paternity of the same effect as a judgment.

Can a minor sign an acknowledgment of paternity?

No. A minor may not sign a statement acknowledging paternity.

Can an acknowledgment be undone?

It may be rescinded within the statutory window, and afterwards may be voided at any time on a motion stating facts that show fraud, duress or a mistake of fact.

What happens if the court finds he is not the father?

The court vacates the orders made under this section, his name is removed as father from the child's birth record, and no paternity action may afterwards be brought against him with respect to that child.

Do old acknowledgments count?

The section applies to statements on the form prescribed for use beginning April 1, 1998 and signed and filed on or after that date. Parties who signed earlier may sign a new statement that supersedes it.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.805), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: voluntary paternity acknowledgment Wisconsinrescind paternity acknowledgmentundo paternity fraud Wisconsin767.805 acknowledgment