Wisconsin Statutes

Wis. Stat. § 767.803 (2026)

Determination of marital children

✓ current as of July 2026

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767.803767.803 Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.

767.803 HistoryHistory: 1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.25; 1979 c. 352; Stats. 1979 s. 767.60; 1981 c. 314 s. 146; 1983 a. 447; 1985 a. 315; 2005 a. 443 s. 229; Stats. 2005 s. 767.803; 2017 a. 334.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2008–2024 · leading case: Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013).

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Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). · cites it 4× “Because the majority rightly recognizes that a "declaration of voidness" is not available under the annulment statute, this definitional provision does not suggest that Wisconsin law allows for any "declaration of invalidity" outside of the annulment statute.”

In Re Paternity of TJDC, 2008 WI App 60 (Wis. Ct. App. 2008). · cites it 4× “He argued that the paternity action could not proceed because the parties' marriage triggered the presumption that Tekyah was a marital child, pursuant to Wis. Stat. §§ 767.803 and 891.41(1). The trial court entered an order denying the motion and affirming the judgment and…”

Vishnu Chaitanya Alamuri v. Angela M. Yadagiri (Wis. Ct. App. 2024). · cites it 4× “§ 767.803[7] and [WIS. STAT.] § 891.41. Narendra Yadagiri is determined not to be the father of [R.”

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