May 2, 2013, Introduced by Reps. Kowall, 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 37 of chapter X (MCL 710.37).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec.
37. (1) If Except as
provided in subsection (2) for a
child born on or before September 30, 2014, if the court has proof
that
the person whom it determines pursuant to under section 36 of
this
chapter to be the child's father
of the child was timely
served
with a notice of intent to release or consent pursuant to
under section 34(1) of this chapter or was served with or waived
the notice of hearing required by section 36(3) of this chapter,
the court may permanently terminate the putative father's parental
rights
of the putative father under any of the following
circumstances:
(a) The putative father submits a verified affirmation of his
paternity and a denial of his interest in custody of the child.
(b) The putative father files a disclaimer of paternity. For
purposes of this section the filing of the disclaimer of paternity
shall
constitute is a waiver of notice of hearing and shall
constitute
is a denial of his interest in custody of the child.
(c) The putative father was served with a notice of intent to
release or consent in accordance with section 34(1) of this
chapter, at least 30 days before the expected date of confinement
specified in that notice but failed to file an intent to claim
paternity either before the expected date of confinement or before
the birth of the child.
(d) The putative father is given proper notice of hearing in
accordance with section 36(3) or 36(5) of this chapter but either
fails to appear at the hearing or appears and denies his interest
in custody of the child.
(2) For a child born on or after October 1, 2014, if the court
is notified that the person whom it determines to be the child's
father has not filed in a timely manner with the responsible father
registry, the court may permanently terminate the putative father's
parental rights.
(3) (2)
If For a child born on or
before September 30, 2014,
if the identity of the father cannot be determined, or if the
identity of the father is known but his whereabouts cannot be
determined, the court shall take evidence to determine the facts in
the matter. The court may terminate the putative father's parental
rights
of the putative father if the court finds from the evidence
that reasonable effort has been made to identify and locate the
father
and that any either of the following circumstances
exist:exists:
(a) The putative father, whose identity is not known, has not
made provision for the child's care and did not provide support for
the mother during her pregnancy or during her confinement.
(b) The putative father, whose identity is known but whose
whereabouts are unknown, has not provided support for the mother,
has not shown any interest in the child, and has not made provision
for the child's care, for at least 90 days preceding the hearing
required under section 36 of this chapter.
(4) For a child born on or after October 1, 2014, if the
putative father has not registered with the responsible father
registry, the court may terminate the putative father's parental
rights.