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MI HB5583

Bill

Status

Passed

12/18/2014

Primary Sponsor

Marcia Hovey-Wright

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Amends the 2012 paternity act to add definitions for "acknowledged father," "affiliated father," "alleged father," "genetic father," "presumed father," and "order of filiation"

  • Creates new procedures allowing mothers, genetic fathers, alleged fathers, or prosecuting attorneys to file an action within 3 years after a child's birth or within 1 year after paternity establishment (whichever is later) to challenge genetic paternity determinations

  • Requires actions to be supported by affidavits alleging genetic tests were inaccurate, genetic material was unavailable to the mother, or another man with identical DNA is the actual father

  • Requires the filing party to prove by clear and convincing evidence that the genetic father is not the child's father, with courts able to order the filer to repay genetic testing costs

  • Directs the state registrar to remove the genetic father from vital records and amend the birth certificate if the court determines paternity was incorrectly established, and provides that prosecutors and court-appointed attorneys need not represent parties in these actions

Legislative Description

Family law; paternity; paternity revocation process for genetic father; include in revocation of paternity act. Amends secs. 3 & 5 of 2012 PA 159 (MCL 722.1433 & 722.1435) & adds sec. 8. TIE BAR WITH: HB 5463'14, HB 5464'14, HB 5465'14

Family law, paternity

Last Action

Assigned Pa 376'14 With Immediate Effect

12/18/2014

Committee Referrals

Families, Seniors And Human Services9/23/2014
Families, Children, And Seniors5/15/2014

Full Bill Text

No bill text available