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MI HB6344

Bill

Status

Introduced

7/21/2010

Primary Sponsor

Matthew Lori

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Redefines "child born out of wedlock" to include children born during a marriage but determined by court not to be the biological issue of that marriage.

  • Allows a putative father to bring a paternity action within one year of birth if the mother was married at conception/birth, but only if specific conditions are met: mutual acknowledgment of biological relationship with DNA testing at 99% or higher probability, or separation/non-marriage at conception with affidavit and consent to testing, or mother's written acknowledgment with demonstrated parenting time.

  • Prohibits putative fathers convicted of criminal sexual conduct under Michigan Penal Code sections 520b-520e from bringing paternity actions.

  • Establishes DNA identification profiling at 99% or higher probability as creating a presumption of paternity, and requires labs to conduct additional testing when multiple putative fathers show greater than 99% probability until all but one is eliminated.

  • Updates references from "family independence agency" to "department of human services" throughout the statute.

Legislative Description

Family law; paternity; circumstances under which putative father may sue to establish paternity of a child born to a married woman; establish. Amends secs. 1, 4 & 6 of 1956 PA 205 (MCL 722.711 et seq.).

Family law, paternity

Last Action

Printed Bill Filed 07/22/2010

7/28/2010

Committee Referrals

Families And Children's Services7/21/2010

Full Bill Text

No bill text available