HB-4661, As Passed House, June 4, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4661

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 33 of chapter X (MCL 710.33).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 33. (1) Before the birth of a child born out of wedlock,

a person claiming under oath to be the father of the child may file

a verified notice of intent to claim paternity with the court in

any county of this state. The form of the notice shall be

prescribed by the director of the department of public health and

provided to the court. The notice shall include the claimant's

address. On the next business day after receipt of the notice the

court shall transmit the notice to the vital records division of

the department of public health. A man who desires to be notified

of a proceeding for adoption of a child or termination of parental

rights regarding a child whom he may have fathered shall register

with the responsible father registry created in section 2892 of the

public health code, 1978 PA 368, MCL 333.2892, before the child's

birth or not more than 5 days, excluding weekends and holidays,

after the child's birth. If the mother's address is stated on the

notice, in the registry entry, the vital records division of the

department of community health shall send a copy of the notice

notify the child's mother by first-class mail to the mother of the

child at the stated address.

     (2) A person filing a notice of intent to claim paternity

shall be man registered with the responsible father registry is

presumed assumed to be the father of the child who is the subject

of the registry entry for purposes of this chapter unless the

mother denies that the claimant is the father. Such a notice is

admissible in a paternity proceeding under Act No. 205 of the

Public Acts of 1956, as amended, being sections 722.711 to 722.730

of the Michigan Compiled Laws, and shall create a rebuttable

presumption as to the paternity of that child for purposes of that

act. Such a notice shall create Registering with the responsible

father registry creates a rebuttable presumption as to paternity of

the child for purposes of dependency or neglect proceedings under

chapter 12a.XIIA.

     (3) A person who timely files a notice of intent to claim

paternity shall be A man who registers in a timely manner with the

responsible father registry is entitled to notice of any hearing

involving that child to determine the identity of the father of the

child and any hearing to determine or terminate his paternal rights

to the child.

     Enacting section 1. This amendatory act takes effect January

1, 2014.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4659 of the 97th Legislature is enacted into

law.