Bill Text: MI SB0560 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Family law; paternity; determination of parentage for intestate succession; provide for determination under revocation of paternity act. Amends sec. 2114 of 1998 PA 386 (MCL 700.2114). TIE BAR WITH: SB 0557'11
Spectrum: Moderate Partisan Bill (Republican 20-3)
Status: (Passed) 2012-06-14 - Assigned Pa 0160'12 With Immediate Effect [SB0560 Detail]
Download: Michigan-2011-SB0560-Introduced.html
SENATE BILL No. 560
June 30, 2011, Introduced by Senators JONES, BIEDA, ROCCA, ROBERTSON, GLEASON and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 2114 (MCL 700.2114), as amended by 2004 PA 314.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2114. (1) Except as provided in subsections (2), (3), and
(4), for purposes of intestate succession by, through, or from an
individual, an individual is the child of his or her natural
parents, regardless of their marital status. The parent and child
relationship may be established in any of the following manners:
(a) If a child is born or conceived during a marriage, both
spouses are presumed to be the natural parents of the child for
purposes of intestate succession. A child conceived by a married
woman with the consent of her husband following utilization of
assisted reproductive technology is considered as their child for
purposes of intestate succession. Consent of the husband is
presumed unless the contrary is shown by clear and convincing
evidence. If a man and a woman participated in a marriage ceremony
in apparent compliance with the law before the birth of a child,
even though the attempted marriage may be void, the child is
presumed to be their child for purposes of intestate succession.
(b) If a child is born out of wedlock or if a child is born or
conceived during a marriage but is not the issue of that marriage,
a man is considered to be the child's natural father for purposes
of intestate succession if any of the following occur:
(i) The man joins with the child's mother and acknowledges that
child as his child by completing an acknowledgment of parentage as
prescribed in the acknowledgment of parentage act, 1996 PA 305, MCL
722.1001 to 722.1013.
(ii) The man joins the mother in a written request for a
correction of certificate of birth pertaining to the child that
results in issuance of a substituted certificate recording the
child's birth.
(iii) The man and child have established a mutually acknowledged
relationship of parent and child that begins before the child
becomes age 18 and continues until terminated by the death of
either.
(iv) The man is determined to be the child's father and an
order of filiation establishing that paternity is entered as
provided in the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(v) Regardless of the child's age or whether or not the
alleged father has died, the court with jurisdiction over probate
proceedings relating to the decedent's estate determines that the
man is the child's father, using the standards and procedures
established under the paternity act, 1956 PA 205, MCL 722.711 to
722.730.
(vi) The man is determined to be the father in an action under
the revocation of paternity act.
(c) A child who is not conceived or born during a marriage is
an individual born in wedlock if the child's parents marry after
the conception or birth of the child.
(2) An adopted individual is the child of his or her adoptive
parent or parents and not of his or her natural parents, but
adoption of a child by the spouse of either natural parent has no
effect on either the relationship between the child and that
natural parent or the right of the child or a descendant of the
child to inherit from or through the other natural parent. An
individual is considered to be adopted for purposes of this
subsection when a court of competent jurisdiction enters an
interlocutory decree of adoption that is not vacated or reversed.
(3) The permanent termination of parental rights of a minor
child by an order of a court of competent jurisdiction; by a
release for purposes of adoption given by the parent, but not a
guardian, to the family independence agency or a licensed child
placement agency, or before a probate or juvenile court; or by any
other process recognized by the law governing the parent-child
status at the time of termination, excepting termination by
emancipation or death, ends kinship between the parent whose rights
are so terminated and the child for purposes of intestate
succession by that parent from or through that child.
(4) Inheritance from or through a child by either natural
parent or his or her kindred is precluded unless that natural
parent has openly treated the child as his or hers, and has not
refused to support the child.
(5) Only the individual presumed to be the natural parent of a
child under subsection (1)(a) may disprove a presumption that is
relevant to that parent and child relationship, and this exclusive
right to disprove the presumption terminates on the death of the
presumed parent.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 557
of the 96th Legislature is enacted into law.
