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Section 767.853 – Paternity hearings and records; confidentiality

May 14, 2021 | Family Law, Wisconsin

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.
(c) The record relates to a post-adjudication issue.

Wis. Stat. ยง 767.853

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.