Wisconsin Statutes

Wis. Stat. § 891.09 (2026)

Record of births, stillbirths, fetal deaths, deaths and marriages

✓ current as of July 2026
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891.09891.09Record of births, stillbirths, fetal deaths, deaths and marriages.
891.09(1)(1)Records as evidence. The record of any marriage, birth, stillbirth, fetal death or death kept in the office of any register of deeds or local health officer of a local health department, as defined in s. 250.01 (4) (a) 2. or 3. or (b), or in the state bureau of vital records shall be received as presumptive evidence of the marriage, birth, stillbirth, fetal death or death so recorded.
891.09(2)(2)Church and doctor’s records. Any church, parish or baptismal record, and any record of a physician or a person authorized to solemnize marriages, in which record are preserved the facts relating to any birth, stillbirth, fetal death, marriage or death, including the names of the persons, dates, places and other material facts, may be admitted as prima facie evidence of any fact aforesaid. But such record must be produced by its proper custodian and be supported by the custodian’s oath that it is such a record as it purports to be and is genuine to the best of the custodian’s knowledge and belief.
891.09(3)(3)Certificates of foreign births, etc. Official certificates of births, marriages or deaths, issued in foreign countries in which such births, marriages or deaths have occurred, purporting to be founded on books of record, properly authenticated, shall be received as presumptive evidence of the facts in such certificates stated.
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891.09 HistoryHistory: Sup. Ct. Order, 59 Wis. 2d R6 (1973); 1993 a. 27, 486; 2017 a. 334.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2003–2021 · leading case: DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003).
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). · cites it 20× “1 The appellants argue that the court erred in concluding that: (1) the evidence rebutted the birth-certificate-based presumption, under Wis. Stat. § 891.09 (1999-2000) 2 and Wis.”
Amy Cady-Krech v. Kimberly A. Mitchell (Wis. Ct. App. 2021). “41(1)(b) (2019-20) (stating that a man is presumed to be the natural father of a child if he and the child’s mother were married to each other after the child was born but had a relationship with one another during the period within which the child was conceived, if no other man…”
— Wis. Stat. § 891.09(1) — 1 case
Amy Cady-Krech v. Kimberly A. Mitchell (Wis. Ct. App. 2021). “41(1)(b) (2019-20) (stating that a man is presumed to be the natural father of a child if he and the child’s mother were married to each other after the child was born but had a relationship with one another during the period within which the child was conceived, if no other man…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.