Bill Text: MI HB5328 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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HB-5328, As Passed Senate, May 23, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5328

 

January 31, 2012, Introduced by Reps. Lori and Liss and referred to the Committee on Judiciary.

 

     A bill to amend 1996 PA 305, entitled

 

"Acknowledgment of parentage act,"

 

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 acknowledgement acknowledgment

 

of parentage, an individual must file a claim as provided under

 

section 11.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 or House Bill No. ____ (request no.

 

02738'11 *) of the 96th Legislature is enacted into law.