Bill Text: MI HB5328 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Family law; paternity; acknowledgment of parentage; allow to be set aside under revocation of paternity act. Amends sec. 7 of 1996 PA 305 (MCL 722.1007) & repeals sec. 11 of 1996 PA 305 (MCL 722.1011). TIE BAR WITH: SB 0557'11
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-13 - Assigned Pa 161'12 With Immediate Effect [HB5328 Detail]
Download: Michigan-2011-HB5328-Chaptered.html
Act No. 161
Public Acts of 2012
Approved by the Governor
June 12, 2012
Filed with the Secretary of State
June 12, 2012
EFFECTIVE DATE: June 12, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Lori and Liss
ENROLLED HOUSE BILL No. 5328
AN ACT to amend 1996 PA 305, entitled “An act to prescribe procedures for and the contents of acknowledgments of parentage; to state the effects of those acknowledgments; to provide procedures and criteria for revoking acknowledgments; and to prescribe powers and duties of certain state officers and employees,” by amending section 7 (MCL 722.1007), as amended by 2006 PA 105; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 7. The acknowledgment of parentage form shall include at least all of the following written notices to the parties:
(a) The acknowledgment of parentage is a legal document.
(b) Completion of the acknowledgment is voluntary.
(c) The mother has initial custody of the child, without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the court or agreed by the parties in writing and acknowledged by the court. This grant of initial custody to the mother shall not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.
(d) Either parent may assert a claim in court for parenting time or custody.
(e) The parents have a right to notice and a hearing regarding the adoption of the child.
(f) Both parents have the responsibility to support the child and to comply with a court or administrative order for the child’s support.
(g) Notice that signing the acknowledgment waives the following:
(i) Blood or genetic tests to determine if the man is the biological father of the child.
(ii) Any right to an attorney, including the prosecuting attorney or an attorney appointed by the court in the case of indigency, to represent either party in a court action to determine if the man is the biological father of the child.
(iii) A trial to determine if the man is the biological father of the child.
(h) That in order to revoke an acknowledgment of parentage, an individual must file a claim as provided under the revocation of paternity act.
Enacting section 1. Section 11 of the acknowledgment of parentage act, 1996 PA 305, MCL 722.1011, is repealed.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 557 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
