Bill Text: MI HB6093 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Family law; paternity; reference to the surrogate parenting act; remove. Amends sec. 13 of 2012 PA 159 (MCL 722.1443). TIE BAR WITH: HB 6092'12

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-12-27 - Printed Bill Filed 12/13/2012 [HB6093 Detail]

Download: Michigan-2011-HB6093-Introduced.html

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HOUSE BILL No. 6093

 

December 13, 2012, Introduced by Rep. Brown and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 2012 PA 159, entitled

 

"Revocation of paternity act,"

 

by amending section 13 (MCL 722.1443).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13. (1) An original action under this act shall be filed

 

in the circuit court for the county in which the mother or the

 

child resides or, if neither the mother nor the child reside in

 

this state, in the circuit court for the county in which the child

 

was born. If an action for the support, custody, or parenting time

 

of the child exists at any stage of the proceedings in a circuit

 

court of this state or if an action under section 2(b) of chapter

 

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, is

 

pending in a circuit court of this state, an action under this act

 

shall be brought by motion in the existing case under rules adopted

 

by the supreme court.

 

     (2) In an action filed under this act, the court may do any of

 

the following:

 

     (a) Revoke an acknowledgment of parentage.

 

     (b) Set aside an order of filiation or a paternity order.

 

     (c) Determine that a child was born out of wedlock.

 

     (d) Make a determination of paternity and enter an order of

 

filiation as provided for under section 7 of the paternity act,

 

1956 PA 205, MCL 722.717.

 

     (3) A judgment entered under this act does not relieve a man

 

from a support obligation for the child or the child's mother that

 

was incurred before the action was filed or prevent a person from

 

seeking relief under applicable court rules to vacate or set aside

 

a judgment.

 

     (4) A court may refuse to enter an order setting aside a

 

paternity determination or determining that a child is born out of

 

wedlock if the court finds evidence that the order would not be in

 

the best interests of the child. The court shall state its reasons

 

for refusing to enter an order on the record. The court may

 

consider the following factors:

 

     (a) Whether the presumed father is estopped from denying

 

parentage because of his conduct.

 

     (b) The length of time the presumed father was on notice that

 

he might not be the child's father.

 

     (c) The facts surrounding the presumed father's discovery that

 

he might not be the child's father.

 

     (d) The nature of the relationship between the child and the

 

presumed or alleged father.

 

     (e) The age of the child.

 

     (f) The harm that may result to the child.

 

     (g) Other factors that may affect the equities arising from

 

the disruption of the father-child relationship.

 

     (h) Any other factor that the court determines appropriate to

 

consider.

 

     (5) The court shall order the parties to an action or motion

 

under this act to participate in and pay for blood or tissue typing

 

or DNA identification profiling to assist the court in making a

 

determination under this act. Blood or tissue typing or DNA

 

identification profiling shall be conducted in accordance with

 

section 6 of the paternity act, 1956 PA 205, MCL 722.716. The

 

results of blood or tissue typing or DNA identification profiling

 

are not binding on a court in making a determination under this

 

act.

 

     (6) If the case is a title IV-D case, the court may appoint an

 

attorney approved by the office of child support to represent this

 

state's interests with respect to an action or a motion under this

 

act. The court may appoint a guardian ad litem to represent the

 

child's interests with respect to the action or motion.

 

     (7) A court shall not issue an order under this act that sets

 

aside a judgment or determination of a court or administrative

 

agency of another state, even if the judgment or determination is

 

being enforced in this state.

 

     (8) This act does not establish a basis for termination of an

 

adoption and does not affect any obligation of an adoptive parent

 

to an adoptive child.

 

     (9) This act does not establish a basis for vacating a

 

judgment establishing paternity of a child conceived under a

 

surrogate parentage contract as that term is defined in section 3

 

of the surrogate parenting act, 1988 PA 199, MCL 722.853.

 

     (9) (10) A common law action that was available before the

 

effective date of this act June 12, 2012 to set aside a paternity

 

determination or to determine that a child is born out of wedlock

 

remains available until 2 years after the effective date of this

 

act June 12, 2014 but is not available after that date.

 

     (10) (11) A court, in its discretion, may order a person who

 

files an action or motion under this act to post an amount of money

 

with the court, obtain a surety, or provide other assurances that

 

in the court's determination will secure the costs of the action

 

and attorney fees if the person does not prevail. The court, in its

 

discretion, may order a nonprevailing party to pay the reasonable

 

attorney fees and costs of a prevailing party.

 

     (11) (12) A court may extend the time for filing an action or

 

motion under this act. A request for extension shall be supported

 

by an affidavit signed by the person requesting the extension

 

stating facts that the person satisfied all the requirements for

 

filing an action or motion under this act but did not file the

 

action or motion within the time allowed under this act because of

 

1 of the following:

 

     (a) Mistake of fact.

 

     (b) Newly discovered evidence that by due diligence could not

 

have been found earlier.

 

     (c) Fraud.

 

     (d) Misrepresentation or misconduct.

 

     (e) Duress.

 

     (12) (13) If the court finds that an affidavit under

 

subsection (12) (11) is sufficient, the court may allow the action

 

or motion to be filed and take other action the court considers

 

appropriate. The party filing the request to extend the time for

 

filing has the burden of proving, by clear and convincing evidence,

 

that granting relief under this act will not be against the best

 

interests of the child considering the equities of the case.

 

     (13) (14) An alleged father may not bring an action under this

 

act if the child is conceived as the result of acts for which the

 

alleged 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.

 

     (14) (15) An action may not be brought under this act if the

 

child is under court jurisdiction under chapter XIIA of the probate

 

code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, and a petition

 

has been filed to terminate the parental rights to the child,

 

unless the court having jurisdiction under chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, first

 

finds that allowing an action under this act would be in the best

 

interests of the child.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.6092(request no.

 

06718'12) of the 96th Legislature is enacted into law.