Wisconsin Statutes
Wis. Stat. § 885.23 (2026)
Genetic tests in civil actions
✓ current as of July 2026
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885.23885.23 Genetic tests in civil actions. Whenever it is relevant in a civil action to determine the parentage or identity of any child, person or corpse, the court, by order, shall direct any party to the action and any person involved in the controversy to submit to one or more genetic tests as provided in s. 767.84. The results of the tests shall be receivable as evidence in any case where exclusion from parentage is established or where a probability of parentage is shown to exist. Whenever the court orders the genetic tests and one of the parties refuses to submit to the tests that fact shall be disclosed upon trial.
885.23 AnnotationSection 767.80 (1) does not permit a man alleging he is the father to bring a paternity action for the sole purpose of establishing paternity of a stillborn so that he may bring a wrongful death action. The proper vehicle for determining parentage is a motion by the father under this section for a determination of parentage within the pending wrongful death action. Shannon E.T. v. Alicia M.V.M., 2007 WI 29, 299 Wis. 2d 601, 728 N.W.2d 636, 05-0077.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1979–2021 · leading case: Shannon E. T. v. Alicia M. V.M., 2007 WI 29 (Wis. 2007).
Shannon E. T. v. Alicia M. V.M., 2007 WI 29 (Wis. 2007). “However, we hold that, under such circumstances, Shannon, who is alleging that he is the father, may bring a motion under Wis. Stat. § 885.23 to determine his parentage in the pending wrongful death action.”
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). “After all, in an age when DNA testing definitively addresses disputes like that of the instant case, see Wis. Stat. § 885.23 , such a motion, in essence, seeks nothing more than the development and introduction of " '[Relevant evidence'" — "evidence having any tendency to make…”
J.B. v. A.F., 285 N.W.2d 880 (Wis. Ct. App. 1979). “If the HLA tests are “blood tests” within the meaning of sec. 885.23, Stats., then the test results are inadmissible because the results were offered to prove that plaintiff is Joshua’s father.”
Shannon E. T. v. Alicia M. V.M., 2006 WI App 104 (Wis. Ct. App. 2006). “We asked for supplemental briefing on the question of how, if at all, Wis. Stat. § 885.23 relates to the issue whether Shannon may bring a paternity action under Wis.”
In Re Paternity of CAVM, 2007 WI 29 (Wis. 2007). “However, we hold that, under such circumstances, Shannon, who is alleging that he is the father, may bring a motion under Wis. Stat. § 885.23 to determine his parentage in the pending wrongful death action.”
J. M. S. Ex Rel. Webb v. Benson, 297 N.W.2d 18 (Wis. 1980). “62 would *413 be available in a declaratory judgment action to establish paternity, but stated, as does the plaintiif, that the court in such a proceeding could order blood tests under sec. 885.23, Stats., and discovery under ch.”
Jb v. Af, 285 N.W.2d 880 (Wis. Ct. App. 1979). “If the HLA tests are "blood tests" within the meaning of sec. 885.23, Stats., then the test results are inadmissible because the results were offered to prove that plaintiff is Joshua's father.”
In Re Paternity of Cavm, 2006 WI App 104 (Wis. Ct. App. 2006). “23 provides: Genetic tests in civil actions. Whenever it is relevant in a civil action to determine the parentage or identity of any child, person or corpse, the court, by order, shall direct any party to the action and any person involved in the controversy to submit to one or…”
J.P.L. v. J.H., 354 N.W.2d 759 (Wis. Ct. App. 1984). “48 or sec. 885.23, Stats. 3 Sec. 767.47(1) (c).”
Amy Cady-Krech v. Kimberly A. Mitchell (Wis. Ct. App. 2021). “§ 885.23. The court rejected Cady-Krech’s argument that the divorce judgment listing Cady-Krech as Mikulewicz’s child prevented Mulligan from seeking genetic testing in the probate proceedings to determine whether Cady-Krech qualified as Mikulewicz’s heir.”
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