Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.88 (2026)

Paternity actions

✓ current as of July 2026
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893.88893.88 Paternity actions. Notwithstanding s. 990.06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred.
893.88 HistoryHistory: 1971 c. 21; 1979 c. 323, 352; 1979 c. 355 s. 225, 231; 1979 c. 357; Stats. 1979 s. 893.88; 1983 a. 447.
893.88 AnnotationThis section did not revive a time-barred paternity action. State v. D.B., 137 Wis. 2d 57, 403 N.W.2d 434 (1987).
893.88 AnnotationThis section is constitutional. James A.O. v. George C.B., 182 Wis. 2d 166, 513 N.W.2d 410 (Ct. App. 1994).
893.88 AnnotationThis section, limiting only an action for the establishment of paternity, does not preclude a motion for the purpose of determining paternity in a probate proceeding. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
Notes of Decisions
Cited in 19 cases, 1984–2010 · leading case: Roberta Jo W. v. Leroy W., 578 N.W.2d 185 (Wis. 1998).
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Roberta Jo W. v. Leroy W., 578 N.W.2d 185 (Wis. 1998). · cites it 38× “Regarding her first argument, Roberta Jo asserts that the plain language of Wis. Stat. § 893.88 allows a non-marital child the right to seek support consistent with Wis.”
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). · cites it 16× “First, Wis. Stat. § 893.88 , providing that "an action for the establishment of the paternity of a child shall be *737 commenced within 19 years of the date of the birth of the child or be barred," foreclosed such proceedings.”
Mayonia M. M. Ex Rel. Schierland v. Keith N., 551 N.W.2d 31 (Wis. Ct. App. 1996). · cites it 4× “Section 893.88, Stats. 6 We addressed whether a child's paternity action may be barred by a previous action filed on behalf of the mother by a district attorney in In re Chad M.”
Brad Michael L. v. Lee D., 564 N.W.2d 354 (Wis. Ct. App. 1997). · cites it 4× “Catherine learned that the statute of limitations barred her and the State from bringing a paternity action, but Brad, under § 893.88, Stats., could do so. 2 The Legal Aid Society of Milwaukee as guardian ad litem, then filed Brad's paternity action.”
State v. D.B., 403 N.W.2d 434 (Wis. 1987). · cites it 6× “06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred.” It is conceded by the state that, at the time the present action was commenced, the state’s cause of action under previous…”
State ex rel. Henderson v. Raemisch, 2010 WI App 114 (Wis. Ct. App. 2010). · cites it 2× “2d 869 (concluding that *125 Wis. Stat. § 893.88 , which bars an "action" for paternity brought after the child's nineteenth birthday, did not apply to motions to determine paternity brought in an estate proceeding because a "motion" is not an "action").”
In Re Paternity of DLT, 403 N.W.2d 434 (Wis. 1987). · cites it 6× “06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred." It is conceded by the state that, at the time the present action was commenced, the state's cause of action under previous…”
James A. O. v. George C. B., 513 N.W.2d 410 (Wis. Ct. App. 1994). · cites it 23× “The trial court concluded that the action was precluded by § 893.88, Stats., that provides: [A]n action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred.”
W.R.W. v. Bartholomew, 341 N.W.2d 682 (Wis. 1984). · cites it 2× “Sec. 893.88(1), Stats. 1981-82, provides : “Paternity actions.”
In Re Paternity of RWL, 341 N.W.2d 682 (Wis. 1984). · cites it 2× “Sec. 893.88(1), Stats. 1981-82, provides: "Paternity actions.”
D.S.L. v. T.L.S., 465 N.W.2d 242 (Wis. Ct. App. 1990). · cites it 4× “See sec. 893.88, Stats. (1985-86). The 1984 amendment, however, did not operate to revive the state's cause of action if it was time barred prior to the enactment of the amendment.”
In Re Paternity of James AO, 513 N.W.2d 410 (Wis. Ct. App. 1994). · cites it 18× “We note, also, that by our October 8, 1993, order, this court allowed the Attorney General the opportunity to file a brief "that addresses the constitutionality of sec. 893.88, Stats." The Attorney General declined to do so.”
Show all 19 citing cases →
— Wis. Stat. § 893.88(1) — 4 cases
W.R.W. v. Bartholomew, 341 N.W.2d 682 (Wis. 1984). “Sec. 893.88(1), Stats. 1981-82, provides : “Paternity actions.”
In Re Paternity of RWL, 341 N.W.2d 682 (Wis. 1984). “Sec. 893.88(1), Stats. 1981-82, provides: "Paternity actions.”
D.S.L. v. T.L.S., 465 N.W.2d 242 (Wis. Ct. App. 1990). “See sec. 893.88, Stats. (1985-86). The 1984 amendment, however, did not operate to revive the state's cause of action if it was time barred prior to the enactment of the amendment.”
In Re Paternity of DSL, 465 N.W.2d 242 (Wis. Ct. App. 1990).
— Wis. Stat. § 893.88(2) — 6 cases
W.R.W. v. Bartholomew, 341 N.W.2d 682 (Wis. 1984). “Sec. 893.88(1), Stats. 1981-82, provides : “Paternity actions.”
In Re Paternity of RWL, 341 N.W.2d 682 (Wis. 1984). “Sec. 893.88(1), Stats. 1981-82, provides: "Paternity actions.”
State v. D.B., 403 N.W.2d 434 (Wis. 1987). “06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred.” It is conceded by the state that, at the time the present action was commenced, the state’s cause of action under previous…”
D.S.L. v. T.L.S., 465 N.W.2d 242 (Wis. Ct. App. 1990). “See sec. 893.88, Stats. (1985-86). The 1984 amendment, however, did not operate to revive the state's cause of action if it was time barred prior to the enactment of the amendment.”
In Re Paternity of DLT, 403 N.W.2d 434 (Wis. 1987). “06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred." It is conceded by the state that, at the time the present action was commenced, the state's cause of action under previous…”
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