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MI SB0557
Bill
AI Summary
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Establishes the "Revocation of Paternity Act" to allow acknowledgments of parentage, paternity orders, and orders of filiation to be set aside under specified circumstances in Michigan.
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Permits the mother, acknowledged father, alleged father, or prosecuting attorney to file for revocation of an acknowledgment of parentage within 3 years after the child's birth or 1 year after the acknowledgment was signed (whichever is later) based on mistake of fact, newly discovered evidence, fraud, misrepresentation, or duress.
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Allows courts to set aside paternity determinations based on a father's failure to participate in court proceedings, or to determine a child was born out of wedlock under specific conditions involving mutual acknowledgment of biological relationship, lack of parental support for 2+ years, or separation from the child.
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Requires DNA testing or blood/tissue typing in paternity actions and grants courts discretion to refuse setting aside paternity if doing so would not serve the child's best interests, considering factors such as the length of the father-child relationship and harm to the child.
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Prohibits actions under this act if the child's conception resulted from criminal sexual conduct, if an alleged father was convicted of such conduct, or if a petition to terminate parental rights is pending unless the court finds the action serves the child's best interests.
Legislative Description
Family law; paternity; revocation of paternity act; enact. Creates new act.
Family law, paternity
Last Action
Assigned Pa 0159'12 With Immediate Effect
6/14/2012