April 23, 2014, Introduced by Reps. Hooker and Kesto and referred to the Committee on Families, Children, and Seniors.
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.
(c) "DNA identification profiling" and "summary report" mean
those terms as defined in section 1 of the paternity act, MCL
722.711.
(d) "Genetic paternity transmittal" means a form issued by the
title IV-D agency to provide genetic testing information to the
state registrar. Genetic paternity transmittal provides identifying
information for individuals on the summary report and includes the
following information:
(i) The child's name, date of birth, and the name of the city,
county, and state where the child was born.
(ii) The mother's name, social security number, and date of
birth.
(iii) The father's name, social security number, and date of
birth.
(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. (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.
(c) A blood or tissue typing or DNA identification profiling
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.
(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. 7. (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. 9. (1) The title IV-D agency shall file a genetic
paternity transmittal and a summary report with the state
registrar. The state registrar shall review the genetic paternity
transmittal and the summary report upon receipt. If the genetic
paternity transmittal and summary report appear to comply with the
provisions of this act, the state registrar shall file the genetic
paternity transmittal and the summary report in a parentage
registry in the office of the state registrar. The genetic
paternity transmittal 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 transmittal and the summary report to the mother and
father.
(3) When the genetic paternity transmittal and the summary
report are filed with the state registrar on a child born in this
state, the father of the child shall be included on the birth
certificate. The state registrar shall waive the fee to amend the
birth certificate as identified in section 2891 of the public
health code, MCL 333.2891.
(4) Upon request, the state registrar shall issue a copy of
the genetic paternity transmittal 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. 11. Except as otherwise provided by law, a mother and
father who have genetic tests that are filed as genetic paternity
transmittal as prescribed by section 9 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. 12. This act cannot be used to determine paternity if 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.
Sec. 13. The department of human services shall create the
genetic paternity transmittal.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.