HB-5583, As Passed House, September 18, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5583

     A bill to amend 2012 PA 159, entitled

"Revocation of paternity act,"

by amending sections 3 and 5 (MCL 722.1433 and 722.1435) and by

adding section 8.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. As used in this act:

     (a) (1) "Acknowledged father" means a man who has

affirmatively held himself out to be the child's father by

executing an acknowledgment of parentage under the acknowledgment

of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.

(b) (2) "Affiliated father" means a man who has been

determined in a court to be the child's father.

(c) (3) "Alleged father" means a man who by his actions could

have fathered the child.

     (d) "Genetic father" means a man whose paternity has been

determined solely through genetic testing under the paternity act,

1956 PA 205, MCL 722.711 to 722.730, the summary support and

paternity act, or the genetic parentage act.

(e) (4) "Presumed father" means a man who is presumed to be

the child's father by virtue of his marriage to the child's mother

at the time of the child's conception or birth.

(f) (5) "Order of filiation" means a judicial order

establishing an affiliated father.

(g) (6) "Title IV-D case" means an action in which services

are provided under part D of title IV of the social security act,

42 USC 651 to 669b.

     Sec. 5. (1) Section 7 governs an action to set aside an

acknowledgment of parentage.

     (2) Section 8 governs an action to determine that a genetic

father is not a child's father.

(3) (2) Section 9 governs an action to set aside an order of

filiation.

(4) (3) Section 11 governs an action to determine that a

presumed father is not a child's father.

     Sec. 8. (1) The mother, the genetic father, an alleged father,

or a prosecuting attorney may file an action for an order

determining that a genetic father is not a child's father. An

action under this section shall be filed within 3 years after the

child's birth or within 1 year after the date that the genetic

father was established as a child's father, whichever is later.

     (2) An action under this section shall be supported by an

affidavit signed by the person filing the action that states facts

constituting 1 of the following:

     (a) The genetic tests that established the man as a child's

father were inaccurate.

     (b) The man's genetic material was not available to the

child's mother.

     (c) A man who has DNA identical to the genetic father is the

child's father.

     (3) If the court in an action under this section finds that an

affidavit under subsection (2) is sufficient, the court shall order

blood or tissue typing or DNA identification profiling as required

under section 13(5). The person filing the action has the burden of

proving, by clear and convincing evidence, that the genetic father

is not the father of the child. The court may order the person

filing the action to repay the cost of the genetic test to the

state.

     (4) If a genetic father has been reported to the state

registrar as a child's father, the clerk of the court shall forward

a copy of an order determining that the genetic father is not a

child's father to the state registrar. The state registrar shall

remove the genetic father as the child's father and may amend the

birth certificate as prescribed by the order.

     (5) Whether an action filed under this section is brought by a

complaint in an original action or by a motion in an existing

action, the prosecuting attorney, an attorney appointed by the

county, or an attorney appointed by the court is not required to

represent any party regarding the action.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) House Bill No. 5463.

     (b) House Bill No. 5464.

     (c) House Bill No. 5465.