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MI SB0858
Bill
AI Summary
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Allows mothers to bring actions to revoke paternity acknowledgments or set aside paternity orders if they prove by clear and convincing evidence that the child was conceived through nonconsensual sexual penetration.
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Requires courts to revoke acknowledgments of parentage, determine a genetic father is not the child's father, set aside filiation orders, or revoke paternity determinations when a mother proves nonconsensual conception.
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Exception: The revocation provisions do not apply if the biological parents cohabited and established a mutual custodial environment for the child after the alleged nonconsensual sexual penetration.
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Prevents alleged fathers convicted of criminal sexual conduct under Michigan Penal Code sections 520b-520e from bringing paternity actions under the act.
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Effective September 12, 2016.
Legislative Description
Family law; paternity; revocation of paternity in cases where a child's birth is the result of criminal sexual conduct; clarify. Amends secs. 13 & 15 of 2012 PA 159 (MCL 722.1443 & 722.1445).
Crimes: criminal sexual conduct
Last Action
Assigned Pa 0178'16 With Immediate Effect
8/3/2016