HB-5464, As Passed House, September 17, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5464

A bill to provide for genetic testing in certain paternity

cases; and to prescribe the duties and responsibilities of certain

state departments, agencies, and officers.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"genetic parentage act".

Sec. 3. As used in this act:

(a) "Alleged father" means a man who by his actions could have

fathered the child.

(b) "Child born out of wedlock" means a child conceived and

born to a woman who was not married from the conception to the date

of birth of the child or a child that the court has determined to

be a child born or conceived during a marriage but not the issue of

that marriage.

those terms as defined in section 1 of the paternity act, MCL

722.711.

(d) "Genetic paternity determination form" means a form issued

by the title IV-D agency to provide genetic testing information to

the state registrar. A genetic paternity determination form

provides identifying information for individuals on the summary

report and includes, but is not limited to, the following

information:

(i) As provided under section 7 or 9, the man is the child's

father.

(ii) The child's name, date of birth, and the name of the city,

county, and state where the child was born.

(iii) The mother's name, social security number, and date of

birth.

(iv) The father's name, social security number, and date of

birth.

(v) Other information required to carry into effect the

provisions of this act.

(e) "Paternity act" means the paternity act, 1956 PA 205, MCL

722.711 to 722.730.

(f) "Public health code" means the public health code, 1978 PA

368, MCL 333.1101 to 333.25211.

(g) "State registrar" means that term as defined in section

2805 of the public health code, MCL 333.2805.

(h) "Title IV-D agency" means that term as defined in section

2 of the support and parenting time enforcement act, 1982 PA 295,

MCL 552.602.

Sec. 5. This act cannot be used to determine paternity if

either of the following is true:

(a) The child's father has previously acknowledged paternity

under the acknowledgment of parentage act, 1996 PA 305, MCL

722.1001 to 722.1013, or if the child's paternity has been

established under the law of this or another state.

(b) The child is subject to a pending adoption proceeding

under the Michigan adoption code, chapter X of the probate code of

1939, 1939 PA 288, MCL 710.21 to 710.70, or if the child is subject

to a pending adoption proceeding in another state.

Sec. 7. (1) If a child is born out of wedlock, a man is

considered to be the biological father of that child if all of the

following are true:

(a) The alleged father or mother is receiving services from a

title IV-D agency.

(b) The mother, child, and alleged father submitted to blood

or tissue typing determinations that may include, but are not

limited to, determinations of red cell antigens, red cell

isoenzymes, human leukocyte antigens, serum proteins, or DNA

identification profiling, to determine whether the alleged father

is likely to be, or is not, the father of the child.

was conducted by a person accredited for paternity determinations

by a nationally recognized scientific organization, including, but

not limited to, the American association of blood banks and

approved by the department of human services.

(d) The probability of paternity determined by the qualified

person described in subdivision (c) conducting the blood or tissue

typing or DNA identification profiling is 99% or higher.

(e) The mother and alleged father sign a form created by the

department of human services agreeing to submit to the test. The

form created under this subdivision shall include, but not be

limited to, the following information:

(i) A summary of how the tests will be conducted.

(ii) A summary of how the test results will establish or

exclude the alleged father as the child's father.

(iii) That if genetic testing establishes paternity, the mother

shall be granted initial custody of the child, 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.

(iv) That the parties consent to the general personal

jurisdiction of the court of record of this state regarding the

issues of the support, custody, and parenting time of the child.

(2) If the results of the analysis of genetic testing material

from 2 or more persons indicate a probability of paternity greater

than 99%, the accredited person described in subsection (1)(c)

shall conduct additional genetic paternity testing until all but 1

of the alleged fathers is eliminated, unless the dispute involves 2

or more alleged fathers who have identical DNA.

Sec. 9. (1) Genetic testing that determines a man is the

biological father of a child under this act establishes paternity.

If genetic testing establishes paternity as described in this

subsection, the mother is granted initial custody of the child,

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 does not, by itself, affect

the rights of either parent in a proceeding to seek a court order

for custody or parenting time.

(2) Genetic testing that determines the man is the biological

father of a child under this act may be the basis for court-ordered

child support, custody, or parenting time without further

adjudication under the paternity act. The child who is the subject

of the genetic testing has the same relationship to the mother and

the man determined to be the biological father under this act as a

child born or conceived during a marriage and has identical status,

rights, and duties of a child born in lawful wedlock effective from

birth.

Sec. 11. (1) The title IV-D agency shall file a genetic

paternity determination form and a summary report with the state

registrar. The state registrar shall review the genetic paternity

determination form and the summary report upon receipt. If the

genetic paternity determination form and summary report comply with

the provisions of this act, the state registrar shall file the

genetic paternity determination form and the summary report in a

parentage registry in the office of the state registrar. The

genetic paternity determination form and the summary report filed

with the state registrar shall be maintained as a permanent record

in a manner consistent with section 2876 of the public health code,

MCL 333.2876.

(2) The title IV-D agency shall provide a copy of the genetic

paternity determination form and the summary report to the mother

and father.

(3) When the genetic paternity determination form and the

summary report are filed with the state registrar on a child born

in this state, the father of the child may be included on the birth

certificate unless another man is recorded as the child's father on

the birth certificate. The state registrar shall collect the fee to

amend the birth certificate as identified in section 2891 of the

public health code, MCL 333.2891. For a birth certificate amended

under this subsection and upon written request of both parents, the

child's surname shall be recorded on the birth certificate as

designated by the child's parents.

(4) Upon request, the state registrar shall issue a copy of

the genetic paternity determination form and summary report filed

in the parentage registry under the procedures and upon payment of

the fee prescribed by section 2891 of the public health code, MCL

333.2891.

Sec. 13. Except as otherwise provided by law, a mother and

father who have genetic tests that are filed as a genetic paternity

determination form as prescribed by section 11 are consenting to

the general personal jurisdiction of the courts of record of this

state regarding the issues of the support, custody, and parenting

time of the child.

Sec. 15. The department of human services in consultation with

the department of community health shall create the genetic

paternity determination form.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) House Bill No. 5463.

(b) House Bill No. 5465.