April 16, 2008, Introduced by Reps. Simpson, Johnson, Condino, Bieda, Donigan, Vagnozzi, Leland, Jackson, Cushingberry, Hammon and Clack and referred to the Committee on Judiciary.
A bill to amend 1996 PA 305, entitled
"Acknowledgment of parentage act,"
by amending section 11 (MCL 722.1011).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) The mother or the man who signed the
acknowledgment, the child who is the subject of the acknowledgment,
a man who is shown by blood or genetic testing to be the father of
the child, or a prosecuting attorney may file a claim for
revocation of an acknowledgment of parentage. If filed as an
original action, the claim shall be filed in the circuit court of
the county where either the mother or man resides. If neither of
those parties lives in this state, the claim shall be filed in the
county where the child resides. A claim for revocation may be filed
as a motion in an existing action for child support, custody, or
parenting
time in the county where the action is, and in
which case
all provisions in this act apply as if it were an original action.
(2) A claim for revocation shall be supported by an affidavit
signed by the claimant setting forth 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.
(3) If the court finds that the affidavit is sufficient, the
court may order blood or genetic tests at the expense of the
claimant, or may take other action the court considers appropriate.
The party filing the claim for revocation has the burden of
proving, by clear and convincing evidence, that the man is not the
father and that, considering the equities of the case, revocation
of the acknowledgment is proper.
(4) A copy of the order of revocation shall be forwarded by
the clerk of the court to the state registrar. The state registrar
shall vacate the acknowledgment and may amend the birth certificate
as prescribed by the order of revocation.
(5) If the prosecuting attorney is presented with clear and
convincing evidence that a man other than the man identified as the
father in an acknowledgment under this act is the father of the
child who is the subject of the acknowledgment and that the
acknowledgment of parentage is incorrect, the prosecuting attorney
shall file and pursue a claim for revocation under this section.
Blood or genetic tests that show that the man who is not identified
as the father in the acknowledgment of paternity is the father of
the child constitute clear and convincing evidence under this
subsection.
(6)
(5) Whether the claim for revocation under this act
arises
as an original action or as a motion in another action, except as
provided in subsection (5), the prosecuting attorney, an attorney
appointed by the county, or an attorney appointed by the court is
not required to represent either party regarding the claim for
revocation.