What is Paternity?

Establishing paternity is determining the father of a child. If your child was conceived or born when you were married, the husband is the legal father (unless the court decides otherwise). Paternity has to be established when a child was born out of wedlock. Legal fatherhood has to be decided before a court can order child support. The Clerk of Courts office does not have forms for Paternity actions.

How is Paternity Decided

Legal fatherhood can be decided if:

• You and the other parent sign and file the “Wisconsin Voluntary Paternity Acknowledgment Form”. You can get these forms from the hospital or the local Child Support Agency when your baby is born.
• You and the other parent sign a “Legitimation Form” if you marry after your child is born. You can get this form at your local Child Support Agency and from the State Vital Records Office.
• You and the other parent sign a stipulation (legal agreement) and have the court review and approve it. Your local Child Support Agency can prepare this stipulation.
• The court determines fatherhood when your local Child Support Agency brings your case in front of the court.