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MI SB0197
Bill
Status
2/5/2009
Primary Sponsor
John Pappageorge
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AI Summary
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Amends Michigan's paternity act to allow a putative father to establish paternity of a child born to a married woman within one year of birth if the mother and putative father mutually acknowledge the biological relationship through affidavit and 99% or higher DNA testing results.
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Establishes three conditions under which a putative father may bring a paternity action: (1) mutual acknowledgment with DNA results; (2) mother's separation or non-marriage at conception with putative father's consent to testing; or (3) mother's written acknowledgment plus putative father's demonstrated parenting time agreement.
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Clarifies definitions of "child born out of wedlock" to include children born during marriage but not the biological issue of that marriage, as determined by court before or during a paternity action.
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Requires DNA identification profiling conducted by accredited laboratories with results showing 99% or higher probability of paternity to establish a presumption of paternity without requiring additional testimony or proof of authenticity.
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Specifies that in paternity actions initiated by a putative father under new procedures, the putative father must pay for genetic testing expenses, whereas in other cases the court may order the alleged father to reimburse testing costs if paternity is declared.
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
Referred To Committee On Families And Human Services
2/5/2009