767.87.Testimony and evidence relating to paternity.

Subch. IX: Paternity · Last amended 2019 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.87 sets the rules of evidence for paternity — what may be shown, what may not, immunity for testimony, and the clear and satisfactory preponderance burden.

Full Text of Section 767.87

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(1) GENERALLY. Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to:

(a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception or evidence of a relationship between the mother and alleged father at any time.

(b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

(cm) Genetic test results under s. 48.299 (6) (e) or 938.299 (6) (e).

(d) The statistical probability of the alleged father’s paternity based upon the genetic tests.

(e) Medical, scientific or genetic evidence relating to the alleged father’s paternity of the child based on tests performed by experts.

(f) All other evidence relevant to the issue of paternity of the child, except as provided in subs. (2), (2m) and (3).

(1m) BIRTH RECORD REQUIRED. If the child was born in this state, the petitioner shall present a certified copy of the child’s birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father of the child, at the earliest possible of the following:

(a) The initial appearance.

(b) The pretrial hearing.

(d) Prior to the entry of the judgment under s. 767.89.

(2) ADMISSIBILITY OF SEXUAL RELATIONS BY MOTHER. Testimony relating to sexual relations or possible sexual relations of the mother any time other than the possible time of conception of the child is inadmissible in evidence, unless offered by the mother.

(2m) ADMISSIBILITY OF CERTAIN MEDICAL AND GENETIC INFORMATION. Medical and genetic information filed with the department or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the paternity of the child.

(3) EVIDENCE OF IDENTIFIED MALE NOT UNDER JURISDICTION. Except as provided in s. 767.84 (4), in an action against an alleged father, evidence offered by him with respect to an identified male who is not subject to the jurisdiction of the court concerning that male’s sexual intercourse with the mother at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father has undergone genetic tests and made the results available to the court.

(4) IMMUNITY. (a) No person may be prosecuted or subjected to any penalty or forfeiture for or on account of any testimony or evidence given relating to the paternity of the child in any paternity proceeding, except for perjury committed in giving the testimony.

(b) The immunity provided under par. (a) is subject to the restrictions under s. 972.085.

(5) REFUSAL TO TESTIFY OR PRODUCE EVIDENCE. Except as provided in sub. (6), upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. The refusal of a witness, including a witness who has immunity under sub. (4), to obey an order to testify or produce evidence is a contempt of the court.

(6) WHEN MOTHER NOT COMPELLED TO TESTIFY. (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

(b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.

(7) CERTAIN TESTIMONY OF PHYSICIAN NOT PRIVILEGED. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

(8) BURDEN OF PROOF. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405, 891.407, or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

(9) ARTIFICIAL INSEMINATION; NATURAL FATHER. Where a child is conceived by artificial insemination, the husband of the mother of the child at the time of the conception of the child is the natural father of the child, as provided in s. 891.40.

(10) RECORD OF MOTHER’S TESTIMONY ADMISSIBLE. A record of the testimony of the child’s mother relating to the child’s paternity, made as provided under s. 48.299 (8) or 938.299 (8), is admissible in evidence on the issue of paternity.

(11) RELATED COSTS ADMISSIBLE. Bills for services or articles related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are prima facie evidence of the costs incurred for such services or articles.

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; 1981 c. 20 s. 2202 (20) (m); 1981 c. 359 ss. 13, 17; 1983 a. 447; 1987 a. 413; 1989 a. 31, 122, 212; 1993 a. 395, 481; 1995 a. 27 s. 9126 (19); 1995 a. 77, 100, 275, 289, 404; 1997 a. 27, 105, 191, 252; 1999 a. 185; 2005 a. 443 ss. 207, 258; Stats. 2005 s. 767.87; 2007 a. 20; 2017 a. 334; 2019 a. 95.

Plain-English Summary

The evidence section, and its shape is as much about exclusion as admission.

What may be shown. Evidence of intercourse between the mother and the alleged father at any possible time of conception, or of a relationship between them at any time; expert opinion on the probability of paternity based on the duration of the pregnancy; genetic test results and the statistical probability drawn from them; medical, scientific or genetic evidence from experts; and all other relevant evidence. The list is expressly not exhaustive.

What may not. Testimony about the mother's sexual relations at any time other than the possible time of conception is inadmissible — unless she offers it herself. Medical and genetic information filed in an adoption context cannot be used to prove paternity. And an alleged father who wants to point at some other identified man beyond the court's jurisdiction may do so only after he has himself been tested and made the results available.

The birth record. For a child born in this state, the petitioner must put a certified copy of the birth record, or a printed copy from the registrar's database, before the court at the earliest of the initial appearance, the pretrial hearing, the trial, or before judgment — so the court knows whether a father is already named on it.

Immunity and compulsion. Nobody may be prosecuted or penalised on account of testimony given about the child's paternity, except for perjury in giving it. A witness who refuses to testify or produce evidence may be ordered to, and refusing that order is contempt — immunity included. But a mother in a state-brought case cannot be compelled to testify about paternity where she has been found to have good cause for refusing to co-operate, and the state may still proceed on other evidence.

Odds and ends. A physician's testimony about the medical circumstances of the pregnancy and the condition of the child at birth is not privileged. A record of the mother's testimony made in a children's court proceeding is admissible. Bills for pregnancy, childbirth and genetic testing are prima facie evidence of the costs. Where a child is conceived by artificial insemination, the mother's husband at the time of conception is the natural father. And the burden on the party seeking to establish or to disprove a presumed paternity is proof by a clear and satisfactory preponderance of the evidence.

Frequently Asked Questions

What is the burden of proof in a Wisconsin paternity case?

Clear and satisfactory preponderance of the evidence, carried by the party bringing the action to determine paternity or to declare the nonexistence of a presumed paternity.

Can the mother be questioned about other relationships?

Testimony about her sexual relations at any time other than the possible time of conception is inadmissible, unless she offers it herself.

Am I protected if I testify?

No person may be prosecuted or subjected to any penalty or forfeiture on account of testimony or evidence given about the child's paternity, except for perjury committed in giving it.

Can I blame another man?

Evidence about an identified male not subject to the court's jurisdiction is admissible only after the alleged father has undergone genetic tests and made the results available to the court.

Who is the father where a child is conceived by artificial insemination?

The husband of the mother at the time of conception is the natural father.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.87), 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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