April 23, 2014, Introduced by Reps. Hooker and Kesto 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 7 (MCL 722.1437).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) The mother, the acknowledged father, an alleged
father, or a prosecuting attorney may file an action for revocation
of an acknowledgment of parentage. An action under this section
shall be filed within 3 years after the child's birth or within 1
year after the date that the acknowledgment of parentage was
signed, whichever is later. The requirement that an action be filed
within 3 years after the child's birth or within 1 year after the
date the acknowledgment is signed does not apply to an action filed
on
or before 1 year after the effective date of this act.June 12,
2013.
(2) The prosecuting attorney and the department of human
services may enter into an agreement to transfer the prosecutor's
responsibilities under this act to 1 of the following:
(a) The friend of the court, with the approval of the chief
circuit judge.
(b) An attorney employed or contracted by the county under
section 1 of 1941 PA 15, MCL 49.71.
(c) An attorney employed by, or under contract with, the
department of human services.
(3) A proceeding under this section is conducted on behalf of
the state and not as the attorney for any other party.
(4) (2)
An action for revocation under this
section shall be
supported by an affidavit signed by the person filing the action
that states facts that constitute 1 of the following:
(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not
have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment.
(5) (3)
If the court in an action for
revocation under this
section
finds that an affidavit under subsection (2) (4) is
sufficient, the court shall order blood or tissue typing or DNA
identification profiling as required under section 13(5). The
person filing the action has the burden of proving, by clear and
convincing evidence, that the acknowledged father is not the father
of the child.
(6) (4)
The clerk of the court shall
forward a copy of an
order of revocation entered under this section to the state
registrar. The state registrar shall vacate the acknowledgment of
parentage and may amend the birth certificate as prescribed by the
order of revocation.
(7) (5)
Whether an action for revocation
under this section is
brought by a complaint in an original action or by a motion in an
existing action, the prosecuting attorney, an attorney appointed by
the county, the friend of the court, or an attorney appointed by
the court is not required to represent any party regarding the
action for revocation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.