What Is the Law in Wisconsin for a Child's Birth Certificate?

Identifying Information on Biological Parents

• Under 48.433(2) of the Wisconsin state statutes, a birth parent who has consented to adoption or has had her child rights terminated, may file an affidavit authorizing Wisconsin to provide the child with her original birth certificate along with available information concerning the birth parent identities and locations. In addition, once a child has reached the age of 18 she may herself request a copy of her original birth certificate and any available locating information as to biological parents.
  
  

Non-judicial Modification of Birth Certificate

• Wisconsin allows for modification of a birth certificate without judicial order for certain events and conditions as codified in Section 69.10 of the Wisconsin state statutes, within a year of the mistake. 69.10 allows changes to the basic identifying information such as sex, date and place of birth, parental surnames and marital status of parents. In addition, cause of death may be changed if the request includes a statement by the person who signed the decedent's death certificate.
  
  

Judicial Modification of Birth Certificate

• Modifications requiring judicial order are covered under Section 69.12 of the Wisconsin state statutes. A person with a tangible and direct interest in the record in question may file a petition in the county where the event subject to the certificate change occurred. Note that the court may not amend the names of parents on a birth certificate on the grounds of termination of parental rights or termination of custody under 69.12(2) of the Wisconsin state statutes.
  
  

Correction of Misrepresented Facts on a Birth Certificate

• When the information on a birth certificate is incorrect due to a misrepresentation of information during the preparation of the certificate, a petition for correction may be filed under 69.13 of the Wisconsin state statutes.
  
  

General Information on Birth Certificates

• It is required that a certificate is filed within 5 days after the birth of an individual. The certificate should include the place of birth and the names of the mother and father. If the mother was not married at any time from the conception through birth, then no name for an alleged father may be entered on the certificate under 69.14(e)2. If the registrant of a birth certificate is born to a surrogate mother, information about the surrogate mother shall be entered on the birth certificate.