Paternity changes possible under new laws

Legislation establishing procedures to determine that a presumed father is not a child’s father, and to set aside acknowledgements of parentage and orders of filiation have been signed into law by Gov. Rick Snyder.

Senate Bill 557 establishes the Revocation of Paternity Act. A key feature of the act deals with the presumption that a woman’s husband is the father of a child conceived or born during the marriage. The act allows a child’s mother, legally acknowledged father or potential biological father to file an action to establish which man should legally be viewed as the father.

House Bill 5328 amends the Acknowledgment of Parentage Act, MCL 722.1007, to require that in order to revoke an acknowledgment of parentage, an individual must file a claim as provided under the Revocation of Paternity Act instead of Section 11 of the Acknowledgment of Parentage Act. Section 11, which provides for a claim of revocation of an acknowledgment, is repealed.

House Bill 5329 provides that a court would have continuing jurisdiction over proceedings brought under the Paternity Act to determine an action to set aside an order of filiation under the Revocation of Paternity Act.

Senate Bill 560 amends the Estates and Protected Individuals Code, MCL 700.2114, to provide that a man would be considered to be a child’s natural father for purposes of intestate succession if he had been determined to be the father in an action under the Revocation of Paternity Act, in the case of a child born out of wedlock or a child conceived during a marriage but who was not the issue of that marriage.

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