A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child’s mother, and a male alleged, or alleging himself, to be the child’s father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child’s mother during a possible time of the child’s conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child’s mother, the male alleged, or alleging himself, to be the child’s father, or the county child support agency under s. 59.53 (5) based on information provided by the child’s mother.

If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.80 for determining the paternity of the child.