GENETIC TESTING; PATERNITY                                                              H.B. 5463 (H-1):

                                                                               SUMMARY OF HOUSE-PASSED BILL

                                                                                                         IN COMMITTEE

House Bill 5463 (Substitute H-1 as passed by the House)

Sponsor:  Representative Cindy Denby

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

Date Completed:  10-1-14

CONTENT

The bill would amend the Paternity Act to do the following:

-- Provide that, if a genetic test, or blood or tissue typing determined that the probability of paternity was 99% of higher, paternity would be established, rather than presumed.

-- Require a court to issue an order of filiation if genetic testing determined that the man was the child's father.

The Act specifies that if the probability of paternity determined by a qualified person conducting a blood or tissue typing or DNA identification profile is 99% or higher, and the DNA identification profile and summary report are admissible, paternity is presumed. Under the bill, paternity instead would be established.

The Act also requires a court to issue an order of filiation declaring paternity and providing for the support of a child under one or more of the following circumstances: a) the finding of the court or the verdict determines that the man is father, b) the defendant acknowledges paternity, and/or c) the defendant is served with a summons and a default judgment is entered against him or her. Under the bill, a court also would have to issue an order of filiation if genetic testing determined that the man was the father.

The bill is tie-barred to House Bills 5464, 5465, and 5583, and would take effect 90 days after its enactment. (House Bill 5464 would enact the "Genetic Parentage Act". House Bill 5465 would enact the "Summary Support and Paternity Act". House Bill 5583 would amend the Revocation of Paternity Act.)

MCL 722.716 & 722.717                                                     Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                      Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.