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In Wisconsin law, the statute of limitations to establish paternity in Wisconsin is 19 years after the child is born.
A signed and notarized Wisconsin Voluntary Paternity Acknowledgment form filed with the Office of Vital Records fully establishes legal paternity. The father's name is then added to the birth certificate. Filing the VPA form does not give a father legal custody or physical placement.
If a father is not added to the birth certificate, he still has the right to attempt to establish parentage and his parental rights through the court system or by signing a voluntary acknowledgment of parentage.
In Wisconsin once paternity has been established, the father's rights are the same as the mother's parental rights. Under Wisconsin law, the court orders custody and placement based on the best interest of the child. And a close relationship with both parents is often beneficial for the child.
If an alleged father asks a mother to submit to genetic testing, she can refuse. However, if a court orders her to submit to genetic testing, she must comply with the order. Her failure to do so can result in her being fined, jailed, or both.
The father and mother may sign the Voluntary Paternity Acknowledgment form and have it notarized at the hospital when their baby is born. All hospitals in Wisconsin have this form. Many midwives also have this form. The Voluntary Paternity Acknowledgment form is also available from local child support agencies.
Paternity can be established any time after the child is born. However, a court action to establish paternity must occur before the child's 19th birthday. It is best to determine paternity as soon as possible after the birth of the child.