April 23, 2014, Introduced by Rep. Denby and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending sections 6 and 7 (MCL 722.716 and 722.717), section 6
as amended by 2000 PA 31 and section 7 as amended by 2009 PA 235.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) In a proceeding under this act before trial, the
court, upon application made by or on behalf of either party, or on
its own motion, shall order that the mother, child, and alleged
father
submit to blood or tissue typing determinations , which 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.
If the court orders a blood or tissue typing or DNA identification
profiling to be conducted and a party refuses to submit to the
typing or DNA identification profiling, in addition to any other
remedies available, the court may do either of the following:
(a) Enter a default judgment at the request of the appropriate
party.
(b) If a trial is held, allow the disclosure of the fact of
the refusal unless good cause is shown for not disclosing the fact
of refusal.
(2) A blood or tissue typing or DNA identification profiling
shall be 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.
(3) The court shall fix the compensation of an expert at a
reasonable amount and may direct the compensation to be paid by the
county or by any other party to the case, or by both in the
proportions and at the times the court prescribes. Before blood or
tissue typing or DNA identification profiling is conducted, the
court may order a part or all of the compensation paid in advance.
If
the family independence agency department
of human services paid
for the genetic testing expenses, the court may order repayment by
the alleged father if the court declares paternity. Documentation
of the genetic testing expenses is admissible as evidence of the
amount, which evidence constitutes prima facie evidence of the
amount of those expenses without third party foundation testimony.
(4) Subject to subsection (5), the result of blood or tissue
typing or a DNA identification profile and the summary report shall
be served on the mother and alleged father. The summary report
shall be filed with the court. Objection to the DNA identification
profile or summary report is waived unless made in writing, setting
forth the specific basis for the objection, within 14 calendar days
after service on the mother and alleged father. The court shall not
schedule a trial on the issue of paternity until after the
expiration of the 14-day period. If an objection is not filed, the
court shall admit in proceedings under this act the result of the
blood or tissue typing or the DNA identification profile and the
summary report without requiring foundation testimony or other
proof of authenticity or accuracy. If an objection is filed within
the 14-day period, on the motion of either party, the court shall
hold
a hearing to determine the admissiblity admissibility of the
DNA identification profile or summary report. The objecting party
has the burden of proving by clear and convincing evidence by a
qualified person described in subsection (2) that foundation
testimony or other proof of authenticity or accuracy is necessary
for admission of the DNA identification profile or summary report.
(5) If the probability of paternity determined by the
qualified person described in subsection (2) conducting the blood
or tissue typing or DNA identification profiling is 99% or higher,
and the DNA identification profile and summary report are
admissible
as provided in subsection (4), paternity is presumed.
established. If the results of the analysis of genetic testing
material from 2 or more persons indicate a probability of paternity
greater than 99%, the contracting laboratory shall conduct
additional genetic paternity testing until all but 1 of the
putative fathers is eliminated, unless the dispute involves 2 or
more putative fathers who have identical DNA.
(6)
Upon the establishment of the presumption of paternity as
provided
in subsection (5), either party may move for summary
disposition
under the court rules. This section
does not abrogate
the right of either party to child support from the date of birth
of the child if applicable under section 7.
Sec. 7. (1) In an action under this act, the court shall enter
an order of filiation declaring paternity and providing for the
support of the child under 1 or more of the following
circumstances:
(a) The finding of the court or the verdict determines that
the man is the father.
(b) The defendant acknowledges paternity either orally to the
court or by filing with the court a written acknowledgment of
paternity.
(c) The defendant is served with summons and a default
judgment is entered against him or her.
(d) Genetic testing under section 6 determines that the man is
the father.
(2) An order of filiation entered under subsection (1) shall
specify the sum to be paid weekly or otherwise, as prescribed in
section 5 of the support and parenting time enforcement act, 1982
PA 295, MCL 552.605, until the child reaches the age of 18. Subject
to section 5b of the support and parenting time enforcement act,
1982 PA 295, MCL 552.605b, the court may also order support for a
child after he or she reaches 18 years of age. In addition to
providing for the support of the child, the order shall also
provide for the payment of the necessary expenses connected to the
mother's pregnancy and the birth of the child and for the funeral
expenses if the child has died, as determined by the court under
section 2. A child support obligation is only retroactive to the
date that the paternity complaint was filed unless any of the
following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic
violence or other means the complainant not to file a proceeding
under this act.
(c) The defendant otherwise delayed the imposition of a
support obligation.
(3) A judgment or order entered under this act providing for
the support of a child or payment of expenses connected to the
mother's pregnancy or the birth of the child is enforceable as
provided in the support and parenting time enforcement act, 1982 PA
295, MCL 552.601 to 552.650. If this act contains a specific
provision regarding the contents or enforcement of a support order
that conflicts with a provision in the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act
controls in regard to that provision.
(4) Upon entry of an order of filiation, the clerk of the
court shall collect a fee of $9.00 for entering the order and the
fee imposed by section 2891(9)(a) of the public health code, 1978
PA 368, MCL 333.2891, from the person against whom the order of
filiation is entered. The clerk shall retain the $9.00 fee and
remit the fee imposed by section 2891(9)(a) of the public health
code, 1978 PA 368, MCL 333.2891, with a written report of the order
of filiation, to the director of the department of community
health. The report shall be on a form prescribed by or in a manner
approved by the director of the department of community health.
Regardless of whether the fees required by this section are
collected, the clerk shall transmit and the department of community
health shall receive the report of the order of filiation.
(5) If an order of filiation or acknowledgment of parentage is
abrogated by a later judgment or order of a court, the clerk of the
court that entered the order shall immediately communicate that
fact to the director of the department of community health on a
form prescribed by the director of the department of community
health. An order of filiation supersedes an acknowledgment of
parentage.
(6) Within the time prescribed by court rule, the party,
attorney, or agency that secures the signing of an order of
filiation shall serve a copy of the order on all parties to the
action and file proof of service with the court clerk.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.