COURT REFUSAL TO REVOKE PATERNITY                                                 H.B. 5473 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5473 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Matt Lori

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend the Revocation of Paternity Act to allow a court to do either of the following:

-- Determine that a genetic father was not a child's father.

-- Refuse to enter an order revoking an acknowledgement of parentage or determining that a genetic father was not a child's father.

The Act allows various parties to bring an action to determine that a presumed father is not a child's father or an action to set aside an acknowledgment of parentage or an order of filiation. In an action filed under the Act, the court may do any of the following:

-- Revoke an acknowledgment of parentage.

-- Set aside an order of filiation or a paternity order.

-- Determine that a child was born out of wedlock.

-- Make a determination of paternity and enter an order of filiation as provided under the Paternity Act.

Under the bill, the court also could determine that a genetic father was not a child's father.

The Revocation of Paternity Act allows a court to refuse to enter an order setting aside a paternity determination or determining that a child is born out of wedlock, if the court finds evidence that the order would not be in the best interests of the child. The bill also would allow a court to refuse to enter an order revoking an acknowledgment of parentage or determining that a genetic father was not a child's father, if the court found evidence that the order would not be in the child's best interest.

The bill would take effect 90 days after its enactment.

MCL 722.1443                                                         Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  10-21-14                                                  Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.