Bill Text: MI HB5464 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Family law; paternity; genetic parentage act; create. Creates new act. TIE BAR WITH: HB 5463'14, HB 5465'14, HB 5583'14
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-18 - Assigned Pa 365'14 With Immediate Effect [HB5464 Detail]
Download: Michigan-2013-HB5464-Engrossed.html
HB-5464, As Passed Senate, December 10, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5464
A bill to provide for genetic testing in certain paternity
cases; and to prescribe the duties and responsibilities of certain
state departments, agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"genetic parentage act".
Sec. 3. As used in this act:
(a) "Alleged father" means a man who by his actions could have
fathered the child.
(b) "Child born out of wedlock" means a child conceived and
born to a woman who was not married from the conception to the date
of birth of the child or a child that the court has determined to
be a child born or conceived during a marriage but not the issue of
that marriage.
(c) "DNA identification profiling" and "summary report" mean
those terms as defined in section 1 of the paternity act, MCL
722.711.
(d) "Genetic paternity determination form" means a form issued
by the title IV-D agency to provide genetic testing information to
the state registrar. A genetic paternity determination form
provides identifying information for individuals on the summary
report and includes, but is not limited to, the following
information:
(i) As provided under section 7 or 9, the man is the child's
father.
(ii) The child's name, date of birth, and the name of the city,
county, and state where the child was born.
(iii) The mother's name, social security number, and date of
birth.
(iv) The father's name, social security number, and date of
birth.
(v) Other information required to carry into effect the
provisions of this act.
(e) "Paternity act" means the paternity act, 1956 PA 205, MCL
722.711 to 722.730.
(f) "Public health code" means the public health code, 1978 PA
368, MCL 333.1101 to 333.25211.
(g) "State registrar" means that term as defined in section
2805 of the public health code, MCL 333.2805.
(h) "Title IV-D agency" means that term as defined in section
2 of the support and parenting time enforcement act, 1982 PA 295,
MCL 552.602.
Sec. 5. This act cannot be used to determine paternity if
either of the following is true:
(a) The child's father has previously acknowledged paternity
under the acknowledgment of parentage act, 1996 PA 305, MCL
722.1001 to 722.1013, or if the child's paternity has been
established under the law of this or another state.
(b) The child is subject to a pending adoption proceeding
under the Michigan adoption code, chapter X of the probate code of
1939, 1939 PA 288, MCL 710.21 to 710.70, or if the child is subject
to a pending adoption proceeding in another state.
Sec. 7. (1) If a child is born out of wedlock, a man is
considered to be the biological father of that child if all of the
following are true:
(a) The alleged father or mother is receiving services from a
title IV-D agency.
(b) The mother, child, and alleged father submitted to blood
or tissue typing determinations that may include, but are not
limited to, determinations of red cell antigens, red cell
isoenzymes, human leukocyte antigens, serum proteins, or DNA
identification profiling, to determine whether the alleged father
is likely to be, or is not, the father of the child.
(c) A blood or tissue typing or DNA identification profiling
was conducted by a person accredited for paternity determinations
by a nationally recognized scientific organization, including, but
not limited to, the American association of blood banks and
approved by the department of human services.
(d) The probability of paternity determined by the qualified
person described in subdivision (c) conducting the blood or tissue
typing or DNA identification profiling is 99% or higher.
(e) The mother and alleged father sign a form created by the
department of human services agreeing to submit to the test. The
form created under this subdivision shall include, but not be
limited to, the following information:
(i) A summary of how the tests will be conducted.
(ii) A summary of how the test results will establish or
exclude the alleged father as the child's father.
(iii) That if genetic testing establishes paternity, the mother
shall be granted initial custody of the child, without prejudice to
the determination of either parent's custodial rights, until
otherwise determined by the court or otherwise agreed upon by the
parties in writing and acknowledged by the court.
(iv) That the parties consent to the general personal
jurisdiction of the court of record of this state regarding the
issues of the support, custody, and parenting time of the child.
(2) If the results of the analysis of genetic testing material
from 2 or more persons indicate a probability of paternity greater
than 99%, the accredited person described in subsection (1)(c)
shall conduct additional genetic paternity testing until all but 1
of the alleged fathers is eliminated, unless the dispute involves 2
or more alleged fathers who have identical DNA.
Sec. 9. (1) Genetic testing that determines a man is the
biological father of a child under this act establishes paternity.
If genetic testing establishes paternity as described in this
subsection, the mother is granted initial custody of the child,
without prejudice to the determination of either parent's custodial
rights, until otherwise determined by the court or otherwise agreed
upon by the parties in writing and acknowledged by the court. This
grant of initial custody to the mother does not, by itself, affect
the rights of either parent in a proceeding to seek a court order
for custody or parenting time.
(2) Genetic testing that determines the man is the biological
father of a child under this act may be the basis for court-ordered
child support, custody, or parenting time without further
adjudication under the paternity act. The child who is the subject
of the genetic testing has the same relationship to the mother and
the man determined to be the biological father under this act as a
child born or conceived during a marriage and has identical status,
rights, and duties of a child born in lawful wedlock effective from
birth.
Sec. 11. (1) The title IV-D agency shall file a genetic
paternity determination form and a summary report with the state
registrar. The state registrar shall review the genetic paternity
determination form and the summary report upon receipt. If the
genetic paternity determination form and summary report comply with
the provisions of this act, the state registrar shall file the
genetic paternity determination form and the summary report in a
parentage registry in the office of the state registrar. The
genetic paternity determination form and the summary report filed
with the state registrar shall be maintained as a permanent record
in a manner consistent with section 2876 of the public health code,
MCL 333.2876.
(2) The title IV-D agency shall provide a copy of the genetic
paternity determination form and the summary report to the mother
and father.
(3) When the genetic paternity determination form and the
summary report are filed with the state registrar on a child born
in this state, the father of the child may be included on the birth
certificate unless another man is recorded as the child's father on
the birth certificate. The state registrar shall collect the fee to
amend the birth certificate as identified in section 2891 of the
public health code, MCL 333.2891. For a birth certificate amended
under this subsection and upon written request of both parents, the
child's surname shall be recorded on the birth certificate as
designated by the child's parents.
(4) Upon request, the state registrar shall issue a copy of
the genetic paternity determination form and summary report filed
in the parentage registry under the procedures and upon payment of
the fee prescribed by section 2891 of the public health code, MCL
333.2891.
Sec. 13. Except as otherwise provided by law, a mother and
father who have genetic tests that are filed as a genetic paternity
determination form as prescribed by section 11 are consenting to
the general personal jurisdiction of the courts of record of this
state regarding the issues of the support, custody, and parenting
time of the child.
Sec. 15. The department of human services in consultation with
the department of community health shall create the genetic
paternity determination form.
Enacting section 1. This 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. 5465.
(c) House Bill No. 5583.
