Wisconsin Statutes

Wis. Stat. § 891.395 (2026)

Presumption as to time of conception

✓ current as of July 2026

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891.395891.395 Presumption as to time of conception. In any paternity proceeding, in the absence of a valid birth certificate indicating the birth weight, the mother shall be competent to testify as to the birth weight of the child whose paternity is at issue, and where the child whose paternity is at issue weighed 5 1/2 pounds or more at the time of its birth, the testimony of the mother as to the weight shall be presumptive evidence that the child was a full term child, unless competent evidence to the contrary is presented to the court. The conception of the child shall be presumed to have occurred within a span of time extending from 240 days to 300 days before the date of its birth, unless competent evidence to the contrary is presented to the court.

891.395 HistoryHistory: 1979 c. 352.

891.395 AnnotationWhen competent medical testimony limited the conceptive period to two weeks, testimony of sexual relations outside that period was inadmissible unless offered by the mother. State ex rel. J.A.S. v. M.E.S., 142 Wis. 2d 300, 418 N.W.2d 32 (Ct. App. 1987).

891.395 AnnotationA fact finder can find a date of conception other than the date asserted either by the mother or the putative father. State ex rel. N.A.C. v. W.T.D., 144 Wis. 2d 621, 424 N.W.2d 707 (1988).

Notes of Decisions

Cited in 21 cases, 1972–1996 · leading case: State Ex Rel. Skowronski v. Mjelde, 332 N.W.2d 289 (Wis. 1983).

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State Ex Rel. Skowronski v. Mjelde, 332 N.W.2d 289 (Wis. 1983). · cites it 4× “The court reasoned that the presumptive con-ceptive period of sec. 891.395, Stats., did not apply and the state failed to meet its burden because it did not present any competent evidence establishing the concep-tive period.”

In Re Paternity of MJB, 425 N.W.2d 404 (Wis. 1988). · cites it 2× “[2] Because the child weighed more than five and one-half pounds at birth, pursuant to sec. 891.395, Stats., [3] the circuit court took judicial notice that the child was conceived between February 21, 1984, and April 22, 1984.”

In Re Paternity of Jeremy DL, 503 N.W.2d 275 (Wis. Ct. App. 1993). · cites it 2× “2 Section 891.395, Stats., provides: In any paternity proceeding, in the absence of a valid birth certificate indicating the birth weight, the mother shall be competent to testify as to the birth weight of the child whose paternity is at issue, and where the child whose…”

T.A.T. v. R.E.B., 425 N.W.2d 404 (Wis. 1988). · cites it 2× “2 Because the child weighed more than five and one-half pounds at birth, pursuant to sec. 891.395, Stats., 3 the circuit court took judicial notice that the child was conceived between February 21, 1984, and April 22, 1984.”

State Ex Rel. Brajdic v. Seber, 193 N.W.2d 43 (Wis. 1972). “Under sec. 891.395, Stats., a full-term child born November 11, 1969, would presumably have been *450 conceived between 240 and 300 days before birth and in this case between January 15 and March 16, 1969.”

State v. Randy J. G., 544 N.W.2d 926 (Wis. Ct. App. 1996). · cites it 4× “See § 891.395, STATS. 2 In addition, no medical evidence was submitted in the affidavits or at the preliminary hearing regard *507 ing the possible period of conception.”

Paternity of J.S.C. v. T.L.G., 400 N.W.2d 48 (Wis. Ct. App. 1986). · cites it 3× “L.G. Therefore, we affirm the judgment. CONCEPTIVE PERIOD At the time of birth, J.”

J.B. v. A.F., 285 N.W.2d 880 (Wis. Ct. App. 1979). “The presumptive period of his conception under sec. 891.395, Stats., was November 13, 1973 to January 12, 1974.”

In Matter of Paternity of Cmc, 455 N.W.2d 248 (Wis. Ct. App. 1990). · cites it 2× “Pursuant to sec. 891.395, Stats., the presumed conception period was calculated to be between December 20, 1985, *333 and February 18, 1986.”

State ex rel. N.A.C. v. W.T.D., 424 N.W.2d 707 (Wis. 1988). “Sec. 891.395, Stats. 1985-86. The presumption has no application in this case when the baby weighs less than five pounds, eight ounces.”

State v. R.L.B., 455 N.W.2d 248 (Wis. Ct. App. 1990). · cites it 2× “Pursuant to sec. 891.395, Stats., the presumed conception period was calculated to be between December 20, 1985, *333 and February 18, 1986.”

Paternity of C.A.K. v. J.B., 464 N.W.2d 59 (Wis. Ct. App. 1990). · cites it 2× “2 Section 891.395 provides in part: "The conception of the child shall be presumed to have occurred within a span of time extending from 240 days to 300 days before the date of its birth, unless competent evidence to the contrary is presented to the court.”

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