767.853.Paternity hearings and records; confidentiality.

Subch. IX: Paternity · Last amended 2007 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.853 closes paternity hearings and files, then lists who may see the record and when a past record becomes public.

Full Text of Section 767.853

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Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of pending proceedings shall be placed in a closed file, except that:

(1) PENDING PROCEEDING. Access to the record of any pending proceeding involving the paternity of the same child shall be allowed to all of the following:

(a) The child’s parents.

(b) The parties to that proceeding and their attorneys or their authorized representatives.

(c) If the child is the subject of a proceeding under ch. 48 or 938, all of the following: 1. The court assigned to exercise jurisdiction under chs. 48 and 938 in which the proceeding is pending. 2. The parties to the proceeding under ch. 48 or 938 and their attorneys. 3. The person under s. 48.09 or 938.09 who represents the interests of the public in the proceeding under ch. 48 or 938. 4. A guardian ad litem for the child and a guardian ad litem for the child’s parent. 5. Any governmental or social agency involved in the proceeding under ch. 48 or 938.

(2) INFORMATION ACCESS TO DEPARTMENT AND CHILD SUPPORT AGENCIES. The clerk of circuit court shall provide access to the record of any pending paternity proceeding to the department or any county child support agency under s. 59.53 (5) for purposes related to administering the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding.

(3) PAST PROCEEDINGS. Subject to s. 767.13, a record of a past proceeding is open to public inspection if all of the following apply:

(a) Paternity was established in the proceeding.

(b) The record is filed after May 1, 2000.

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; 1985 a. 29; 1995 a. 27 s. 9126 (19); 1995 a. 201, 275, 404; 1997 a. 80, 252; 1999 a. 9; 2005 a. 443 ss. 222, 253; Stats. 2005 s. 767.853; 2007 a. 81.

Plain-English Summary

Every hearing, discovery proceeding and trial relating to a paternity determination is closed to anyone not necessary to it, and the record of a pending proceeding goes into a closed file. The section then carves out who may look.

A pending case. The child's parents; the parties, their attorneys and authorised representatives; and, where the child is the subject of a children's court proceeding, that court, its parties and their attorneys, the person representing the public interest there, guardians ad litem for the child and for the child's parent, and any governmental or social agency involved.

The support programme. The clerk must give the department and any county child support agency access to the record of any pending paternity proceeding, for the purposes of running the support and paternity programme, whether or not they are parties.

A past case. The record becomes open to public inspection only where all three conditions hold: paternity was established in the proceeding, the record is filed after May 1, 2000, and it relates to a post-adjudication issue. So the file opens for what happened after paternity was settled, and stays shut on the question of whether it would be.

Frequently Asked Questions

Are Wisconsin paternity records public?

Not while the case is pending — hearings are closed and the record is in a closed file. A past record is open only where paternity was established, the record was filed after May 1, 2000, and it relates to a post-adjudication issue.

Who can see the file in a pending case?

The child's parents, the parties and their attorneys or authorised representatives, and, where the child is in a children's court proceeding, that court, its parties and attorneys, the public's representative, guardians ad litem, and involved agencies.

Can the child support agency see it?

Yes. The clerk provides access to the department and any county child support agency for programme purposes, whether or not they are a party.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.853), 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: paternity records confidential Wisconsinclosed paternity hearing767.853 confidentiality