HB-4161, As Passed Senate, March 23, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4161

As amended May 19, 2005

     A bill to amend 1996 PA 305, entitled

"Acknowledgment of parentage act,"

by amending sections 6 and 7 (MCL 722.1006 and 722.1007).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. After a mother and father sign an acknowledgment of

parentage, the mother  is presumed to have  has initial custody of

the minor child,  unless  without prejudice to the determination of

either parent's custodial rights, until otherwise determined by the

court or otherwise agreed upon 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.]

     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  , public

House Bill No. 4161 as amended March 22, 2006

document.

     (b) Completion of the acknowledgment is voluntary.

     (c) The mother has initial custody of the child,  unless

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 section 11.>>