Subch. IX: Paternity · Last amended 2019 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
In one sentenceSection 767.84 requires genetic tests of the child, mother and any man with probable cause, makes a 99.0 percent probability a rebuttable presumption of paternity, and makes exclusion conclusive.
(1)WHEN TEST ORDERED; REPORT. (a) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child’s conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child’s mother or an alleged father, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary. The court is not required to order a genetic test under this paragraph with respect to any of the following: 1. A person who has undergone a genetic test under s. 49.225, unless a party requests additional tests under sub. (2). 2. A deceased respondent if genetic material is not available without undue hardship as provided in s. 767.865 (2). 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man show that the other man is not excluded as the father and that the statistical probability of the other man’s parentage is 99.0 percent or higher creating a presumption of the other man’s paternity. b. Subdivision 3. a. does not apply if the presumption of the other man’s paternity is rebutted.
(b)The genetic tests shall be performed by an expert qualified as an examiner of genetic markers present on the cells of the specific body material to be used for the tests, appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability of the alleged father’s paternity based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at the trial or pretrial hearing if all of the following apply: 1. At least 10 days before the trial or pretrial hearing, the party offering the report files it with the court and notifies all other parties of that filing. 2. At least 10 days before the trial or pretrial hearing, the department or county child support agency under s. 59.53 (5) notifies the alleged father of the results of the genetic tests and that he may object to the test results by submitting an objection in writing to the court no later than the day before the hearing. 3. The alleged father, after receiving the notice under subd. 2., does not object to the test results in the manner provided in the notice under subd. 2.
(1m)REBUTTABLE PRESUMPTION. If genetic tests ordered under this section or s. 49.225 show that the alleged father is not excluded and that the statistical probability of the alleged father’s parentage is 99.0 percent or higher, the alleged father shall be rebuttably presumed to be the child’s parent.
(2)INDEPENDENT TESTS. The court, upon request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body material to be used for the tests. Additional tests performed by other experts of the same qualifications may be ordered by the court at the request of any party.
(3)NUMBER AND QUALIFICATIONS OF EXPERTS. In all cases, the court shall determine the number and qualifications of the experts.
(4)TESTS EXCLUDING PATERNITY; REFUSAL TO SUBMIT TO TEST. Genetic test results excluding an alleged father as the father of the child are conclusive evidence of nonpaternity and the court shall dismiss any paternity action with respect to that alleged father. Genetic test results excluding any male witness from possible paternity are conclusive evidence of nonpaternity of the male witness. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with any person excluded as a possible father, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child’s mother but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.
(5)FEES AND COSTS. The fees and costs for genetic tests performed upon any person listed under sub. (1) shall be paid for by the county except as follows:
(a)Except as provided in par. (b), at the close of the proceeding the court may order either or both parties to reimburse the county if the court finds that they have sufficient resources to pay the costs of the genetic tests.
(b)If 2 or more identical series of genetic tests are performed upon the same person, regardless of whether the tests were ordered under this section or s. 49.225 or 767.863 (2), the court shall require the person requesting the 2nd or subsequent series of tests to pay for the series in advance, unless the court finds that the person is indigent.
(6)CALLING CERTAIN WITNESSES; NOTICE. Any party calling a male witness for the purpose of testifying that he had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness 20 days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the 20-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
(7)NOTICE OF RIGHT TO TESTS. The court shall ensure that all parties are aware of their right to request genetic tests under this section.
End
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. 352; 1983 a. 447; 1987 a. 27; 1993 a. 481; 1995 a. 100; 1997 a. 191; 2005 a. 443 ss. 210, 211c, 212c, 249, 251; Stats. 2005 s. 767.84; 2019 a. 95.
Plain-English Summary
The evidentiary heart of a modern paternity case.
Who is tested. The court shall require the child, the mother, any male for whom there is probable cause to believe he had intercourse with the mother during a possible time of conception, and any male witness who will testify about such relations, to submit to genetic tests. Probable cause can come from a sufficient petition or affidavit, or from an examination under oath where the court thinks one necessary. Three carve-outs: someone already tested under the administrative provision, unless a party asks for more; a deceased respondent whose genetic material cannot be had without undue hardship; and a male respondent who fails to appear where another man's results have already raised the presumption, unless that presumption is rebutted.
The report. Tests are performed by a court-appointed expert qualified as an examiner of genetic markers. The expert's certified report is admissible without expert testimony if the offering party filed it and notified the other parties at least 10 days before the hearing, the department or agency notified the alleged father of the results and of his right to object in writing by the day before the hearing at least 10 days beforehand, and he did not object.
The presumption. Where the tests do not exclude the alleged father and the statistical probability of his parentage is 99.0 percent or higher, he is rebuttably presumed to be the child's parent.
Exclusion. Results excluding an alleged father are conclusive evidence of nonpaternity and the court shall dismiss the action as to him. Results excluding a male witness are conclusive too, and testimony about the mother's relations with anyone so excluded becomes inadmissible.
Refusing. A party's refusal is disclosed to the fact finder and is contempt of court. If the mother brought the action and then refuses to submit herself or the child, the action is dismissed.
Who pays. The county, unless the court finds at the close of the proceeding that a party has sufficient resources to reimburse it. Where a second or further identical series of tests is performed on the same person, the person requesting it pays in advance, unless indigent.
Surprise witnesses. A party calling a male witness to testify to intercourse with the mother must give the other parties his name and address 20 days before the hearing. Without that notice the court may adjourn to have him tested first — but only if the party who called him acted in good faith.
Frequently Asked Questions
What DNA probability establishes paternity in Wisconsin?
Where the tests do not exclude the alleged father and the statistical probability of his parentage is 99.0 percent or higher, he is rebuttably presumed to be the child's parent.
What if the test excludes him?
Results excluding an alleged father are conclusive evidence of nonpaternity, and the court shall dismiss the paternity action with respect to him.
What happens if I refuse the test?
Your refusal is disclosed to the fact finder and is contempt of court. If the mother brought the action and refuses to submit herself or the child, the action is dismissed.
Who pays for genetic testing?
The county, unless the court finds the parties have sufficient resources to reimburse it. A second or later identical series on the same person is paid for in advance by whoever requested it, unless they are indigent.
Can I get an independent test?
Yes. On a party's request the court shall order independent tests by other qualified experts, and may order further tests at any party's request.
Source & verification. The statutory text, official notes and history are reproduced verbatim from the
Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.84), 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
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