Wisconsin Birth Certificate Laws: Does a Birth Certificate Establish Paternity in Wisconsin?

Wisconsin birth certificate laws can raise several questions for unmarried parents, especially when it comes to establishing paternity, signing the appropriate forms, choosing the child’s last name, and adding the father’s name to the birth certificate.

Although these issues are related, each one has a different legal meaning. Adding a name to a birth record does not automatically provide custody or physical placement rights, and unmarried parents may need to take additional legal steps.

Wisconsin Birth Certificate Laws and Paternity

Under Wisconsin birth certificate laws, writing a man’s name on hospital paperwork does not, by itself, make him the child’s legal father. For unmarried parents, paternity must be established through a legally recognized process. Once that happens, the father’s name can be added to the child’s birth certificate.

This distinction matters because establishing paternity can affect custody, physical placement, child support, health insurance, inheritance, and other rights involving the child.

A father’s name on a Wisconsin birth certificate can serve as evidence that paternity has already been established. However, the birth certificate itself is not normally the document that creates legal paternity.

How Long Does a Father Have to Sign a Birth Certificate?

A father does not technically sign the birth certificate. Instead, unmarried parents may sign a Voluntary Paternity Acknowledgment, commonly called a VPA. Once the completed form is filed with the Wisconsin Vital Records Office, it legally establishes paternity and allows the father’s name to be added to the child’s birth certificate.

The VPA may be filed at any time after the child is born. Parents often complete it at the hospital, but they do not have to sign it immediately after the birth. The form may also be obtained from a midwife, local child support agency, Register of Deeds office, or the Wisconsin Vital Records Office.

If either parent is uncertain about the biological father’s identity, they should request genetic testing before signing the form.

If paternity must be established through a court case, the action generally must be started before the child turns 19.

Whose Last Name Does the Baby Get If the Parents Are Not Married?

A baby does not automatically have to receive the father’s last name when the parents are not married. The child’s last name and the establishment of legal paternity are separate matters.

Giving the child the father’s last name does not establish paternity or provide the father with custody or physical placement rights. Likewise, choosing the mother’s last name does not prevent the father from establishing paternity.

If the parents later want to change the child’s name, they may need to follow Wisconsin’s birth-record amendment or court name-change process. A court may also consider a requested name change as part of a paternity case.

How Is the Father’s Name Added to a Birth Certificate in Wisconsin?

For unmarried parents, the father’s name is generally added to the birth certificate after legal paternity has been established. One common option is for both parents to sign and file a Voluntary Paternity Acknowledgment.

The father’s name may also be added after a court ruling, a qualifying genetic-test determination through a child support agency, or an Acknowledgment of Marital Child if the parents marry after the child is born.

If the father’s name was not included on the original birth record, it may be added later after the required legal process has been completed and the proper documents have been submitted to the Wisconsin Vital Records Office.

How Is Paternity Established in Wisconsin?

Wisconsin recognizes several ways to establish legal paternity:

1. Voluntary Paternity Acknowledgment: If both parents are at least 18 and agree about the identity of the child’s father, they may sign and file a VPA.
2. Court ruling: Either parent, the child, or a government agency involved in the case may start a paternity action in family court. The court can order genetic testing and determine whether the alleged father is the child’s legal father.
3. Conclusive genetic-test determination: Under certain conditions, genetic testing completed through the county child support agency may result in a conclusive paternity determination when the probability of paternity is 99% or greater.
4. Acknowledgment of a marital child: Parents who marry after their child is born may be able to establish paternity by completing an Acknowledgment of Marital Child form.

The right process depends on whether the parents agree about paternity, whether genetic testing is needed, and whether a family court or child support case has already begun.

What Is a Voluntary Paternity Acknowledgment?

A Voluntary Paternity Acknowledgment is a legal document that unmarried parents can use to establish paternity without first going to court.

Once a properly completed VPA is filed with the Wisconsin Vital Records Office, it has the same legal effect as a paternity judgment. The father’s name can then be added to the child’s birth certificate.

Parents should not sign a VPA if either person is uncertain about the identity of the biological father. Genetic testing should be requested before signing a document that establishes legal paternity.

What If the Father Refuses to Sign the VPA?

A man cannot be forced to sign a Voluntary Paternity Acknowledgment. If the parents disagree about paternity, either parent may ask the family court to determine who the child’s legal father is.

The court may order genetic testing as part of the case. If someone refuses to comply with court-ordered testing or does not attend a scheduled hearing, the court may still move forward and issue appropriate orders.

Does Establishing Paternity Give a Father Custody?

Establishing paternity does not automatically give an unmarried father legal custody or physical placement. A VPA allows the father to ask the court for custody and placement, but those rights are addressed separately.

Under Wisconsin law, an unmarried mother generally has sole legal custody until a court orders otherwise. After paternity is established, either parent may ask the court to decide matters involving:

• Legal custody
• Physical placement and parenting time
• Child support
• Health insurance and medical expenses
• Other financial responsibilities involving the child

These matters may be addressed during what is commonly called a terms hearing. Learn more about child custody and placement in Wisconsin.

Can a Voluntary Paternity Acknowledgment Be Withdrawn?

Either parent may request to withdraw a VPA within 60 days after the original acknowledgment was filed, provided a court has not already ruled on a family matter involving the parents and child.

After the 60-day period, changing an established paternity determination generally requires court action. A person challenging paternity may need to present facts showing fraud, duress, a mistake of fact, or another legally recognized reason.

Because withdrawing or challenging paternity can have lasting consequences, parents should consider speaking with a Wisconsin family lawyer before filing additional documents.

What Rights and Responsibilities Come With Paternity?

Legal paternity gives a father the right to ask the court for custody and physical placement. It may also allow the child to receive financial support, health insurance, Social Security benefits, veterans’ benefits, inheritance rights, and access to the father’s family medical history.

Establishing paternity also creates legal responsibilities. Once paternity has been established, the court may enter orders involving child support, health insurance, medical expenses, and other costs connected to raising the child.

Speak With a Wisconsin Paternity Lawyer

Paternity cases can involve more than adding a father’s name to a birth certificate. Parents may also need to address genetic testing, custody, physical placement, child support, or a challenge to an existing paternity determination.

The Wisconsin paternity lawyers at Karp & Iancu, S.C. can explain the available options and help you determine what steps may be appropriate for your situation.

Call 414-453-0800 or contact our family law team online to discuss your paternity questions.

Wisconsin Paternity Resources

• Wisconsin Department of Children and Families: Establishing Legal Fatherhood
• Wisconsin Voluntary Paternity Acknowledgment Information
• Wisconsin Department of Health Services: Amending a Vital Record