Of course, this bill will get snagged up in the Senate because it will be stuck on stupid in dealing with morality law, or in other ways, child protection law. See, if the state allows something like this to go through, it will throw a monkey wrench in its billing schemes of Title IV-D.
In Michigan, a man can be deemed as not the biological father is the mother is married to another man. What this means is, in the event of Child Protective Services stepping in on a married couple, the biological man is not recognized nor included in the court proceedings. Hell, he will not even have his parental rights terminated because he will not even be notified.
Gotta love Michigan.
SENATE BILL No. 256
March 10, 2011, Introduced by Senators BIEDA, ROBERTSON, JONES and GLEASON and referred to the Committee on Judiciary.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending sections 1, 4, and 6 (MCL 722.711, 722.714, and
722.716), sections 1 and 6 as amended by 2000 PA 31 and section 4
as amended by 1998 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(A) "CHILD" MEANS A CHILD BORN OUT OF WEDLOCK.
(B) (a) "Child born out of wedlock" means a ANY OF THE
FOLLOWING:
(i) A child begotten and born to a woman who was not married
from the conception to the date of birth of the child. , or a
(ii) A child that WHOM the court has determined, BEFORE AN
ACTION FILED UNDER THIS ACT, to be a child born or conceived during
a marriage but not TO BE the issue of that marriage.
(iii) A CHILD WHOM THE COURT DETERMINES, DURING THE PENDENCY OF
AN ACTION FILED UNDER THIS ACT, TO BE A CHILD BORN OR CONCEIVED
DURING A MARRIAGE BUT NOT TO BE THE ISSUE OF THAT MARRIAGE.
(C) (d) "Court" means the circuit court.
(D) (e) "DNA identification profile" means the results of the
DNA identification profiling of genetic testing material.
(E) (f) "DNA identification profiling" means a validated
scientific method of analyzing components of deoxyribonucleic acid
molecules in a sample of genetic testing material to identify the
pattern of the components' chemical structure that is unique to the
individual.
(F) (h) "Genetic testing material" means a sample of an
individual's blood, saliva, or tissue collected from the individual
that is used for genetic paternity testing conducted under this
act.
(G) "MOTHER" MEANS THE MOTHER OF A CHILD BORN OUT OF WEDLOCK.
(H) "STATE DISBURSEMENT UNIT" OR "SDU" MEANS THE ENTITY
ESTABLISHED IN SECTION 6 OF THE OFFICE OF CHILD SUPPORT ACT, 1971
PA 174, MCL 400.236.
(i) "Summary report" means a written summary of the DNA
identification profile that includes only the following
information:
(i) The court case number, if applicable, the laboratory case
number or identification number, and the family independence agency
DEPARTMENT OF HUMAN SERVICES case number.
(ii) The mother's name and race.
(iii) The child's name.
(iv) The alleged father's name and race.
(v) The collection dates and identification numbers of the
genetic testing material.
(vi) The cumulative paternity index.
(vii) The probability of paternity.
(viii) The conclusion as to whether the alleged father can or
cannot be excluded as the biological father.
(ix) The name, address, and telephone number of the contracting
laboratory.
(x) The name of the individual certifying the report.
Sec. 4. (1) An action under this act shall be brought in the
circuit court by the ANY OF THE FOLLOWING:
(A) THE mother. , the father, a
(B) A child who became 18 years of age after August 15, 1984
and before June 2, 1986. , or the family independence agency
(C) THE DEPARTMENT OF HUMAN SERVICES as provided in this act.
(D) AN INDIVIDUAL NAMED AS THE CHILD'S FATHER ON A CERTIFICATE
OF BIRTH OR THE CHILD'S PRESUMED FATHER.
(E) A PUTATIVE FATHER. HOWEVER, A PUTATIVE FATHER MAY NOT
BRING AN ACTION IF THE CHILD IS CONCEIVED AS THE RESULT OF ACTS FOR
WHICH THE PUTATIVE FATHER WAS CONVICTED OF CRIMINAL SEXUAL CONDUCT
UNDER SECTIONS 520B TO 520E OF THE MICHIGAN PENAL CODE, 1931 PA
328, MCL 750.520B TO 750.520E.
(2) IF THE MOTHER WAS MARRIED AT ANY TIME FROM THE CONCEPTION
TO THE DATE OF BIRTH OF THE CHILD, A PUTATIVE FATHER MAY NOT BRING
AN ACTION UNDER THIS ACT UNLESS THE ACTION IS COMMENCED WITHIN 1
YEAR AFTER THE BIRTH OF THE CHILD, A FATHER WAS NOT NAMED ON THE
CHILD'S BIRTH CERTIFICATE WITHIN 1 YEAR AFTER THE CHILD WAS BORN,
OR THE MOTHER'S HUSBAND REFUSED TO BE NAMED AS THE FATHER ON THE
CHILD'S BIRTH CERTIFICATE DURING THE YEAR AFTER THE CHILD WAS BORN
AND 1 OR MORE OF THE FOLLOWING APPLY:
(A) THE MOTHER AND THE PUTATIVE FATHER MUTUALLY AND OPENLY
ACKNOWLEDGE A BIOLOGICAL RELATIONSHIP BETWEEN THE PUTATIVE FATHER
AND THE CHILD BY DOING ALL OF THE FOLLOWING:
(i) FILING WITH THE COURT AN AFFIDAVIT STATING THAT THE
PUTATIVE FATHER IS THE BIOLOGICAL FATHER OF THE CHILD.
(ii) FILING WITH THE COURT THE RESULTS OF BLOOD OR TISSUE
TYPING OR DNA IDENTIFICATION PROFILING THAT ESTABLISH THAT THE
PROBABILITY OF PATERNITY BY THE PUTATIVE FATHER IS 99% OR HIGHER.
(iii) NOTIFYING EACH INDIVIDUAL DESCRIBED IN SUBSECTION (1)(D)
THAT THE AFFIDAVIT AND RESULTS HAVE BEEN FILED.
(B) ALL OF THE FOLLOWING APPLY:
(i) THE MOTHER WAS SEPARATED FROM HER HUSBAND UNDER AN ORDER OR
JUDGMENT ENTERED IN AN ACTION FOR SEPARATE MAINTENANCE BROUGHT
UNDER SECTION 7 OF 1846 RS 84, MCL 552.7, OR NOT MARRIED AT OR
AROUND THE TIME OF CONCEPTION.
(ii) THE PUTATIVE FATHER FILES WITH THE COURT AN AFFIDAVIT
STATING THAT HE IS THE BIOLOGICAL FATHER OF THE CHILD AND THAT HE
CONSENTS TO OR A COURT HAS ORDERED DNA IDENTIFICATION PROFILING.
(iii) THE PUTATIVE FATHER NOTIFIES EACH INDIVIDUAL DESCRIBED IN
SUBSECTION (1)(D) THAT HE HAS FILED THE AFFIDAVIT.
(C) ALL OF THE FOLLOWING APPLY:
(i) THE MOTHER ACKNOWLEDGES IN WRITING A BIOLOGICAL
RELATIONSHIP BETWEEN THE PUTATIVE FATHER AND THE CHILD.
(ii) THE PUTATIVE FATHER DEMONSTRATES TO THE COURT THAT HE HAS
HAD PARENTING TIME WITH THE CHILD BY AGREEMENT WITH THE MOTHER.
(iii) THE PUTATIVE FATHER FILES WITH THE COURT AN AFFIDAVIT
STATING THAT HE IS THE BIOLOGICAL FATHER OF THE CHILD AND THAT HE
CONSENTS TO DNA IDENTIFICATION PROFILING.
(iv) THE PUTATIVE FATHER NOTIFIES EACH INDIVIDUAL DESCRIBED IN
SUBSECTION (1)(D) THAT HE HAS FILED THE AFFIDAVIT.
(3) A JUDGMENT IN AN ACTION UNDER SUBSECTION (2) DOES NOT
RELIEVE AN INDIVIDUAL DESCRIBED IN SUBSECTION (1)(D) FROM ANY CHILD
SUPPORT OBLIGATION INCURRED BEFORE ENTRY OF THE JUDGMENT.
(4) The Michigan court rules for civil actions apply to all
proceedings under this act. A complaint shall be filed in the
county where the mother or child resides. If both the mother and
child reside outside of this state, then the complaint shall be
filed in the county where the putative father resides or is found.
The fact that the child was conceived or born outside of this state
is not a bar to entering a complaint against the putative father.
(5) (2) An action to determine paternity shall not be brought
under this act if the child's father acknowledges paternity under
the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 TO
722.1013, or if the child's paternity is established under the law
of another state.
(6) (3) An EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN action
under this act may be commenced during the pregnancy of the child's
mother or at any time before the child reaches 18 years of age. For
form the court determines and shall be served in the same manner as
is provided by court rules for the service of process in civil
actions.
(7) (4) If the county family independence agency OFFICE OF THE
DEPARTMENT OF HUMAN SERVICES of the county in which the mother or
alleged father resides first determines that she or he has physical
possession of the child and is eligible for public assistance or
without means to employ an attorney; if the family independence
the mother, alleged father, or child is receiving services under
part D of title IV of the social security act, 42 U.S.C. USC 651 to
the county under section 1 of 1941 PA 15, MCL 49.71, shall initiate
and conduct proceedings under this act. THIS SUBSECTION DOES NOT
APPLY TO AN ACTION FILED UNDER SUBSECTION (2). The prosecuting
attorney OR AN ATTORNEY EMPLOYED BY THE COUNTY shall utilize the
child support formula developed under section 19 of the friend of
the court act, 1982 PA 294, MCL 552.519, as a guideline in
petitioning for child support. A complaint filed under this act
shall be verified by oath or affirmation.
(8) (5) The party filing the A complaint UNDER THIS ACT shall
name the person believed to be the father of the child and state in
the complaint the time and place, as near as possible, when and
where the mother became pregnant. If the family independence agency
DEPARTMENT OF HUMAN SERVICES is the plaintiff, the required facts
shall be stated upon information and belief.
(9) (6) Upon the filing of a complaint UNDER THIS ACT, the
court shall issue a summons against the named defendant. If the
defendant does not file and serve a responsive pleading as required
by the court rules, the court may enter a default judgment. Neither
party is required to testify before entry of a default judgment in
a proceeding under this act.
(10) (7) If, after service of process, the parties fail to
consent to an order naming the man as the child's father as
provided in this act within the time permitted for a responsive
pleading, then the family independence agency DEPARTMENT OF HUMAN
SERVICES or its designee may file and serve both the mother and the
alleged father with a notice requiring that the mother, alleged
father, and child appear for genetic paternity testing as provided
in section 6.
(11) (8) If the mother, alleged father, or child does not
appear for genetic paternity testing as provided in subsection (7)
(10), then the family independence agency DEPARTMENT OF HUMAN
SERVICES or its designee may apply to the court for an order
compelling genetic paternity tests as provided in section 6 or may
seek other relief as permitted by statute or court rule.
(12) (9) It is unnecessary in any proceedings under this act
commenced by or against a minor to have a next friend or guardian
ad litem appointed for the minor unless required by the circuit
judge. A minor may prosecute or defend any proceedings in the same
manner and with the same effect as if he or she were of legal age.
(13) (10) If a child born out of wedlock is being supported in
whole or in part by public assistance, including medical
assistance, the family independence agency DEPARTMENT OF HUMAN
SERVICES may file a complaint on behalf of the child in the circuit
court in the county in which the child resides. The mother or
alleged father of the child shall be made a party plaintiff and
notified of the hearing on the complaint by summons. The complaint
made by the family independence agency DEPARTMENT OF HUMAN SERVICES
shall be verified by the director of the family independence agency
DEPARTMENT OF HUMAN SERVICES, or his or her designated
representative, or by the director of the county family
the county in which an action is brought, or the county director's
designated representative.
(14) (11) 1986 PA 107, which added this subsection, does not
affect the rights of an indigent defendant in proceedings under
this act as established by decisions of the courts of this state
before June 1, 1986.
(15) (12) If a determination of paternity is made under this
act, the court may enter an order of filiation as provided in
section 7. Regardless of who commences an action under this act, an
order of filiation entered under this act has the same effect, is
subject to the same provisions, and is enforced in the same manner
as an order of filiation entered on complaint of the mother or
father.
Sec. 6. (1) In a proceeding under this act before trial, the
court, upon ON application made by or on behalf of either party, or
on its own motion, shall order that the mother, child, and alleged
father submit to blood or tissue typing determinations, which 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.
If the court orders a blood or tissue typing or DNA identification
profiling to be conducted and a party refuses to submit to the
typing or DNA identification profiling, in addition to any other
remedies available, the court may do either of the following:
(a) Enter a default judgment at the request of the appropriate
party.
(b) If a trial is held, allow the disclosure of the fact of
the refusal unless good cause is shown for not disclosing the fact
of refusal.
(2) A blood or tissue typing or DNA identification profiling
shall be 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.
(3) The court shall fix the compensation of an expert at a
reasonable amount and may direct the compensation to be paid by the
county, IF SECTION 4(7) IS APPLICABLE, or by any other party to the
case, or by both in the proportions and at the times the court
prescribes. Before blood or tissue typing or DNA identification
profiling is conducted, the court may order a part or all of the
compensation paid in advance. If the family independence agency
DEPARTMENT OF HUMAN SERVICES paid for the genetic testing expenses,
the court may order repayment by the alleged father if the court
declares paternity. IN AN ACTION FILED UNDER SECTION 4(2), THE
PUTATIVE FATHER SHALL PAY FOR THE GENETIC TESTING EXPENSES.
Documentation of the genetic testing expenses is admissible as
evidence of the amount, which evidence constitutes prima facie
evidence of the amount of those expenses without third party
foundation testimony.
(4) Subject to subsection (5), the result of blood or tissue
typing or a DNA identification profile and the summary report shall
be served on the mother and alleged father. The summary report
shall be filed with the court. Objection to the DNA identification
profile or summary report is waived unless made in writing, setting
forth the specific basis for the objection, within 14 calendar days
after service on the mother and alleged father. The court shall not
schedule a trial on the issue of paternity until after the
expiration of the 14-day period. If an objection is not filed, the
court shall admit in proceedings under this act the result of the
blood or tissue typing or the DNA identification profile and the
summary report without requiring foundation testimony or other
proof of authenticity or accuracy. If an objection is filed within
the 14-day period, on the motion of either party, the court shall
hold a hearing to determine the admissibility of the DNA
identification profile or summary report. The objecting party has
the burden of proving by clear and convincing evidence by a
qualified person described in subsection (2) that foundation
testimony or other proof of authenticity or accuracy is necessary
for admission of the DNA identification profile or summary report.
(5) If the probability of paternity determined by the
qualified person described in subsection (2) conducting the blood
or tissue typing or DNA identification profiling is 99% or higher,
and the DNA identification profile and summary report are
admissible as provided in subsection (4), paternity is presumed. If
the results of the analysis of genetic testing material from 2 or
more persons indicate a probability of paternity greater than 99%,
the contracting laboratory shall conduct additional genetic
paternity testing until all but 1 of the putative fathers is
eliminated, unless the dispute involves 2 or more putative fathers
who have identical DNA.
(6) Upon the establishment of the presumption of paternity as
provided in subsection (5), either party may move for summary
disposition under the court rules. This section does not abrogate
the right of either party to child support from the date of birth
of the child if applicable under section 7.
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