May 2, 2013, Introduced by Reps. Denby, Kurtz and Shirkey and referred to the Committee on Families, Children, and Seniors.
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, added
of the public health code, 1978 PA 368, MCL 333.2892, before the
child's birth or not more than 48 hours 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 does not take effect
unless Senate Bill No. ____ or House Bill No. 4659(request no.
02100'13) of the 97th Legislature is enacted into law.