November 26, 2007, Introduced by Rep. Calley and referred to the Committee on Families and Children's Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 37 of chapter X (MCL 710.37).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 37. (1) If the court has proof that the person whom it
determines
pursuant to under section 36 to be the child's father of
the
child was timely served with a
notice of intent to release or
consent
pursuant to under section 34(1) or was served with or
waived the notice of hearing required by section 36(3), the court
may permanently terminate the rights of the putative father under
any of the following circumstances:
(a) The putative father submits a verified affirmation of his
paternity and a denial of his interest in custody of the child.
(b) The putative father files a disclaimer of paternity. For
purposes of this section the filing of the disclaimer of paternity
shall
constitute constitutes a waiver of notice of hearing and
shall
constitute constitutes a denial of his interest in custody of
the child.
(c) The putative father was served with a notice of intent to
release or consent in accordance with section 34(1), at least 30
days before the expected date of confinement specified in that
notice but failed to file an intent to claim paternity either
before the expected date of confinement or before the child's
birth. of
the child.
(d) The putative father is given proper notice of hearing in
accordance with section 36(3) or 36(5) but either fails to appear
at the hearing or appears and denies his interest in custody of the
child.
(2) If the identity of the father cannot be determined, or if
the identity of the father is known but his whereabouts cannot be
determined, the court shall take evidence to determine the facts in
the matter. The court may terminate the rights of the putative
father if the court finds from the evidence that reasonable effort
has been made to identify and locate the father and that any of the
following circumstances exist:
(a) The putative father, whose identity is not known, has not
made provision for the child's care and did not provide support for
the mother during her pregnancy or during her confinement.
(b) The putative father, whose identity is known but whose
whereabouts are unknown, has not provided support for the mother,
has not shown any interest in the child, and has not made provision
for the child's care, for at least 90 days preceding the hearing
required under section 36.
(3) Any document required under subsection (1)(a) or (b) must
be sworn and notarized before presentation to the court.