Michigan Paternity Law
Paternity – General – Michigan
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Michigan, but does include basic and other provisions.
Statutes:
Michigan Compiled Laws – Chapter 722 Children
~ THE PATERNITY ACT (Act 205 of 1956)
~ THE ACKNOWLEDGEMENT OF PARENTAGE ACT (Act 305 of 1996)
THE PATERNITY ACT (Act 205 of 1956)
Definitions. (2000)
Sec. 1. As used in this act:
(a) “Child born out of wedlock” means a child begotten 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.
(b) “Child” means a child born out of wedlock.
(c) “Mother” means the mother of a child born out of wedlock.
(d) “Court” means the circuit court.
(e) “DNA identification profile” means the results of the DNA identification profiling of genetic testing material.
(f) “DNA identification profiling” means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a sample of genetic testing material to identify the pattern of the components’ chemical structure that is unique to the individual.
(g) “State disbursement unit” or “SDU” means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.
(h) “Genetic testing material” means a sample of an individual’s blood, saliva, or tissue collected from the individual that is used for genetic paternity testing conducted under this act.
(i) “Summary report” means a written summary of the DNA identification profile that includes only the following information:
(i) The court case number, if applicable, the laboratory case number or identification number, and the family independence agency case number.
(ii) The mother’s name and race.
(iii) The child’s name.
(iv) The alleged father’s name and race.
(v) The collection dates and identification numbers of the genetic testing material.
(vi) The cumulative paternity index.
(vii) The probability of paternity.
(viii) The conclusion as to whether the alleged father can or cannot be excluded as the biological father.
(ix) The name, address, and telephone number of the contracting laboratory.
(x) The name of the individual certifying the report.
Chapter 722, §722.711
Child born out of wedlock; liability of parents. (2004)
Sec. 2.
(1) The parents of a child born out of wedlock are liable for the necessary support and education of the child. They are also liable for the child’s funeral expenses. The father is liable to pay the expenses of the mother’s confinement, and is also liable to pay expenses in connection with her pregnancy as the court in its discretion may deem proper. The court shall admit in proceedings under this act a bill for funeral expenses, expenses of the mother’s confinement, or expenses in connection with the mother’s pregnancy, which bill constitutes prima facie evidence of the amount of those expenses, without third party foundation testimony.
(2) If the father dies, an order of filiation or a judicially approved settlement made before his death is enforceable against his estate in the same manner and way as a divorce decree.
Sec. 2. (1) The parents of a child born out of wedlock are liable for the necessary support and education of the child. They are also liable for the child’s funeral expenses. Subject to subsections (2) and (3), based on each parent’s ability to pay and on any other relevant factor, the court may apportion, in the same manner as medical expenses of the child are divided under the child support formula, the reasonable and necessary expenses of the mother’s confinement and expenses in connection with her pregnancy between the parents and require the parent who did not pay the expense to pay his or her share of the expense to the other parent. At the request of a person other than a parent who has paid the expenses of the mother’s confinement or expenses in connection with her pregnancy, the court may order a parent against whom the request is made to pay to the person other than a parent the parent’s share of the expenses.
(2) If a pregnancy or a complication of a pregnancy has been determined in another proceeding to have been the result of either a physical or sexual battery by a party to the case, the court shall apportion these expenses to the party who was the perpetrator of the battery.
(3) If medicaid has paid the confinement and pregnancy expenses of a mother under this section, the court shall not apportion confinement and pregnancy expenses to the mother. After the effective date of the amendatory act that added this subsection, based on the father’s ability to pay and any other relevant factor, the court may apportion not more than 100% of the reasonable and necessary confinement and pregnancy costs to the father. If medicaid has not paid the confinement and pregnancy expenses of the mother under this section, the court shall require an itemized bill for the expenses upon request from the father before an apportionment is made.
(4) The court order shall provide that if the father marries the mother after the birth of the child and provides documentation of the marriage to the friend of the court, the father’s obligation for payment of any remaining unpaid confinement and pregnancy expenses is abated subject to reinstatement after notice and hearing for good cause shown, including, but not limited to, dissolution of the marriage. The remaining unpaid amount of the confinement and pregnancy expenses owed by the father is abated as of the date that documentation of the marriage is provided to the friend of the court.
(5) Each confinement and pregnancy expenses order entered by the court on or before the effective date of the amendatory act that added this subsection shall be considered by operation of law to provide for the abatement of the remaining unpaid confinement and pregnancy expenses if the father marries the mother and shall be implemented under the same circumstances and enforced in the same manner as for the abatement of confinement and pregnancy expenses provided by subsection (4).
(6) The court shall admit in proceedings under this act a bill for funeral expenses, expenses of the mother’s confinement, or expenses in connection with the mother’s pregnancy, which bill constitutes prima facie evidence of the amount of those expenses, without third party foundation testimony.
(7) If the father dies, an order of filiation or a judicially approved settlement made before his death is enforceable against his estate in the same manner and way as a divorce decree.
(8) As used in this section, “medicaid” means the medical assistance program administered by the state under section 105 of the social welfare act, 1939 PA 280, MCL 400.105.
Chapter 722, §722.712
Repealed. 1996, Act 308, Eff. June 1, 1997.
Chapter 722, §722.713
Paternity proceeding; parties; venue; action not required; commencement of action; statute of limitations; initiating and conducting proceedings; utilization of child support formula; verification of complaint; charge; summons; default judgment; genetic paternity testing; next friend or guardian ad litem; rights of indigent defendant; order of filiation. (1998)
Sec. 4.
(1) An action under this act shall be brought in the circuit court by the mother, the father, a child who became 18 years of age after August 15, 1984 and before June 2, 1986, or the family independence agency as provided in this act. The Michigan court rules for civil actions apply to all proceedings under this act. A complaint shall be filed in the county where the mother or child resides. If both the mother and child reside outside of this state, then the complaint shall be filed in the county where the putative father resides or is found. The fact that the child was conceived or born outside of this state is not a bar to entering a complaint against the putative father.
(2) An action to determine paternity shall not be brought under this act if the child’s father acknowledges paternity under the acknowledgment of parentage act, or if the child’s paternity is established under the law of another state.
(3) An action under this act may be commenced during the pregnancy of the child’s mother or at any time before the child reaches 18 years of age.
For a child who became 18 years of age after August 15, 1984 and before June 2, 1986, an action under this act may be commenced before January 1, 1995. This subsection applies regardless of whether the cause of action accrued before June 1, 1986 and regardless of whether the cause of action was barred under this subsection before June 1, 1986. A summons issued under this section shall be in the form the court determines and shall be served in the same manner as is provided by court rules for the service of process in civil actions.
(4) If the county family independence agency of the county in which the mother or alleged father resides first determines that she or he has physical possession of the child and is eligible for public assistance or without means to employ an attorney; if the family independence agency is the complainant; of if the mother, alleged father, or child is receiving services under part D of title IV of the social security act, 42 U.S.C. 651 to 667, then the prosecuting attorney or an attorney employed by the county under section 1 of 1941 PA 15, MCL 49.71, shall initiate and conduct proceedings under this act. The prosecuting attorney shall utilize the child support formula developed under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519, as a guideline in petitioning for child support. A complaint filed under this act shall be verified by oath or affirmation.
(5) The party filing the complaint shall name the person believed to be the father of the child and state in the complaint the time and place, as near as possible, when and where the mother became pregnant. If the family independence agency is the plaintiff, the required facts shall be stated upon information and belief.
(6) Upon the filing of a complaint, the court shall issue a summons against the named defendant. If the defendant does not file and serve a responsive pleading as required by the court rules, the court may enter a default judgment. Neither party is required to testify before entry of a default judgment in a proceeding under this act.
(7) If, after service of process, the parties fail to consent to an order naming the man as the child’s father as provided in this act within the time permitted for a responsive pleading, then the family independence agency or its designee may file and serve both the mother and the alleged father with a notice requiring that the mother, alleged father, and child appear for genetic paternity testing as provided in section 6.
(8) If the mother, alleged father, or child does not appear for genetic paternity testing as provided in subsection (7), then the family independence agency or its designee may apply to the court for an order compelling genetic paternity tests as provided in section 6 or may seek other relief as permitted by statute or court rule.
(9) It is unnecessary in any proceedings under this act commenced by or against a minor to have a next friend or guardian ad litem appointed for the minor unless required by the circuit judge. A minor may prosecute or defend any proceedings in the same manner and with the same effect as if he or she were of legal age.
(10) If a child born out of wedlock is being supported in whole or in part by public assistance, including medical assistance, the family independence agency may file a complaint on behalf of the child in the circuit court in the county in which the child resides. The mother or alleged father of the child shall be made a party plaintiff and notified of the hearing on the complaint by summons. The complaint made by the family independence agency shall be verified by the director of the family independence agency, or his or her designated representative, or by the director of the county family independence agency of the county in which an action is brought, or the county director’s designated representative.
(11) 1986 PA 107, which added this subsection, does not affect the rights of an indigent defendant in proceedings under this act as established by decisions of the courts of this state before June 1, 1986.
(12) If a determination of paternity is made under this act, the court may enter an order of filiation as provided in section 7. Regardless of who commences an action under this act, an order of filiation entered under this act has the same effect, is subject to the same provisions, and is enforced in the same manner as an order of filiation entered on complaint of the mother or father.
Chapter 722, §722.714
Summons or notice; notification of obligation and rights; court order for genetic paternity testing. (1998)
Sec. 4a.
(1) The summons or other initial notice to a party in an action under this act shall contain notification that the party’s obligation to support the child will be determined and that the party’s rights to custody of and parenting time with the child may be determined during the paternity action.
(2) The family independence agency or its designee that requires a party to appear for genetic paternity testing as provided in section 4, or the party requesting genetic paternity testing if a court orders genetic paternity testing for an individual as provided in section 4, shall serve notice of the testing on the mother and the alleged father. The notice shall include explanations of all of the following:
(a) The test to be performed.
(b) The purpose and potential uses of the test.
(c) How the test results will be used to establish paternity or nonpaternity as provided in section 6.
(d) How the individual will be provided with the test results.
(e) The individual’s right to keep the test results confidential as provided in section 6a.
Chapter 722, §722.714a
Effect of paternity in another state. (1994)
Sec. 4b. The establishment of paternity under the law of another state has the same effect and may be used for the same purposes as an acknowledgment of paternity or order of filiation under this act.
Chapter 722, §722.714b
Mother and alleged father competent to testify; cross-examination; exclusion of public; continuance until birth of child. (1998)
Sec. 5.
(1) Both the mother and the alleged father of the child shall be competent to testify, and if either gives evidence he or she shall be subject to cross-examination. The court may exclude the general public from the room where proceedings are held, pursuant to this act, admitting only persons directly interested in the case, including the officers of the court, officers or public welfare agents presenting the case, and witnesses.
(2) If the child is not born at the time set for trial, the case, unless the defendant mother or defendant father consents to trial, shall be continued until the child is born.
Chapter 722, §722.715
Pretrial proceedings; blood or tissue typing determinations as to mother, child, and alleged father; court order; refusal to submit to typing or identification profiling; qualifications of person conducting typing or identification profiling; compensation of expert; result of typing or identification profiling; filing summary report; objection; admissibility; presumption; burden of proof; summary disposition. (2000)
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 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 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 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. 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.
Chapter 722, §722.716
Information obtained from genetic paternity testing; disclosure prohibited; retention and destruction of material; confidentiality; sale, transfer, or offer; audit; violation as misdemeanor; penalty. (2004)
Sec. 6a.
(1) Except as authorized under this act, a person shall not disclose information obtained from genetic paternity testing that is authorized under this act.
(2) If an alleged father who is tested as part of an action under this act is found to be the child’s father, the contracting laboratory shall retain the genetic testing material of the alleged father, mother, and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. If a man is found not to be the child’s father, the contracting laboratory shall destroy the man’s genetic testing material after it is used in the paternity action, in compliance with section 13811 of the public health code, 1978 PA 368, MCL 333.13811, and in the presence of a witness. The witness may be an individual who is a party to the destruction of the genetic testing material. After the man’s genetic testing material is destroyed, the contracting laboratory shall make and keep a written record of the destruction and have the individual who witnessed the destruction sign the record. The contracting laboratory shall also expunge the contracting laboratory’s records regarding the genetic paternity testing performed on the genetic testing material in accordance with the national standards under which the laboratory is accredited. The contracting laboratory shall retain the genetic testing material of the mother and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. After a contracting laboratory destroys an individual’s genetic testing material as provided in this subsection, it shall notify the adult individual, or the parent or legal guardian of a minor individual, by certified mail that the genetic testing material was destroyed.
(3) A contracting laboratory, the family independence agency or its designee, or another entity involved with the genetic paternity testing are all required to protect the confidentiality of genetic testing material, except as required for a paternity determination under this act. The court, its officers, and the family independence agency shall not use or disclose genetic testing material for a purpose other than the paternity determination as authorized by this act.
(4) A person shall not sell, transfer, or offer genetic testing material obtained under this act except as authorized by this act.
(5) A contracting laboratory shall annually cause to be conducted an independent audit verifying the contracting laboratory’s compliance with this section and section 6. The audit shall not disclose the names of, or otherwise identify, the test subjects required to submit to blood or tissue typing or DNA identification profiling under section 6 during the previous year. The contracting laboratory shall forward the audit to the department of consumer and industry services.
(6) A violation of this section is a misdemeanor punishable by a fine of not more than $5,000.00. A second or subsequent violation of this section is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.
Sec. 7. (1) 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.
(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 incurred by or for the mother in connection with her confinement and pregnancy 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 in connection with the mother’s confinement or pregnancy 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 $35.00 from the person against whom the order of filiation is entered. The clerk shall retain $9.00 of the fee and remit the $26.00 balance, along 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 fee required by this section is 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.
Chapter 722, §722.716a
Order of filiation; circumstances; contents; support order; enforcement of judgment or order; fee; reports to director of department of community health; service of copies to parties. (2001)
Sec. 7.
(1) 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.
(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 incurred by or for the mother in connection with her confinement, for the funeral expenses if the child has died, for the support of the child before the entry of the order of filiation, and for the expenses in connection with the pregnancy of the mother or of the proceedings as the court considers proper. However, if proceedings under this act are commenced after the lapse of more than 6 years after the birth of the child, an amount shall not be awarded for expenses or support that accrued before the date on which the complaint was filed unless 1 or more of the following circumstances exist:
(a) Paternity has been acknowledged by the father in writing in accordance with statutory provisions.
(b) One or more payments were made for support of the child during the 6-year period and proceedings are commenced within 6 years after the date of the most recent payment.
(c) The defendant was out of the state, was avoiding service of process, or threatened or coerced the complainant not to file a proceeding under this act during the 6-year period. The court may award an amount for expenses or support that accrued before the date the complaint was filed if the complaint was filed within a period of time equal to the sum of 6 years and the time that the defendant was out of state, was avoiding service of process, or threatened or coerced the complainant not to file a proceeding under this act.
(3) A judgment or order entered under this act providing for the support of a child or payment of expenses in connection with the mother’s confinement or pregnancy 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 $35.00 from the person against whom the order of filiation is entered.
The clerk shall retain $9.00 of the fee and remit the $26.00 balance, along 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 fee required by this section is 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.
Chapter 722, §722.717
Repealed. 2001, Act 109, Eff. Sept. 30, 2001.
Chapter 722, §722.717a
Provisions for custody and parenting time; temporary order in case of dispute; referral to friend of the court; attorneys not required to represent parties in dispute. (1996)
Sec. 7b. If the court makes a determination of paternity and there is no dispute regarding custody, the court shall include in the order of filiation specific provisions for the custody and parenting time of the child as provided in the child custody act of 1970, Act No. 91 of the Public Acts of 1970, being sections 722.21 to 722.29 of the Michigan Compiled Laws. If there is a dispute between the parties concerning custody or parenting time, the court shall immediately enter an order that establishes support and temporarily establishes custody of and parenting time with the child.
Pending a hearing on or other resolution of the dispute, the court may also refer the matter to the friend of the court for a report and recommendation as provided in section 5 of the friend of the court act, Act No. 294 of the Public Acts of 1982, being section 552.505 of the Michigan Compiled Laws.
In a dispute regarding custody or parenting time, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court under section 4 shall not be required to represent either party regarding that dispute.
Chapter 722, §722.717b
Payments to friend of court, clerk of court, or state disbursement unit; disbursement. (1999)
Sec. 8. The court shall require the payment of money to be made to the friend of the court, clerk of the court, or state disbursement unit, which money shall be disbursed in accordance with the order of the court, except that upon certification by a county family independence agency that a complainant is receiving public assistance, a payment received by the friend of the court for support and education of a child born out of wedlock shall be transmitted to the family independence agency.
Chapter 722, §722.718
Bond to perform court order and indemnify county; filing; dismissal of complaint; default; issuance of citation to principal and sureties; service; execution; contempt of court; commitment; decree or judgment; appointment of receiver. (1998)
Sec. 9.
(1) The person so adjudged to be the father of the child may be required to give bond with 1 or more sufficient sureties to the satisfaction of the court, to perform the order of the court, and to indemnify the county that is chargeable with the confinement expenses and with the maintenance of the child. The bond shall be filed with the friend of the court or the clerk of the court. If on the trial he is adjudged not to be the father of the child, the court shall dismiss the complaint; and the judgment of the court is final.
(2) If default is made in the payment of an installment or a part of the installment, mentioned in the bond filed under subsection (1), the judge of the court in which the bond is filed, at the request of the mother, guardian, or any other person interested in the support of the child, shall issue a citation to the principal and sureties in the bond requiring them to appear on a day specified in the citation, and show cause why execution shall not issue against them for the amount of the installment due and unpaid on the bond. The citation shall be served by the sheriff of any county in which the principal or sureties reside or may be found. If the amount due on the installment is not paid on or before the time mentioned for showing cause, the judge shall render judgment in favor of the complainant against the principal and sureties who have been served with the citation, for the amount unpaid on the installment due on the bond. Execution shall issue from the court against the goods and chattels of the person or persons against whom the judgment is rendered for the amount of the judgment and costs to the sheriff of any county in the state where a party to the judgment resides or has property subject to the execution.
(3) The judge, in case of default in the payment, when due, of any installment or any part of the installment or in the condition of the bond, may adjudge the reputed father guilty of contempt of court as provided in sections 31 to 39 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631 to 552.639. The commitment of the reputed father under sections 31 to 39 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631 to 552.639, does not operate to stay or defeat the obtaining of judgment and the collection of the judgment by execution.
The rendition and the enforcement of decree or judgment does not bar or hinder the taking of similar proceedings for subsequent defaults.
(4) In order to make effective the purpose and intention of the bonds required under subsection (1), the court may appoint a receiver of the real and personal property belonging to the judgment debtors with powers not exceeding those customarily exercised by receivers.
Chapter 722, §722.719
Continuing jurisdiction; purposes. (2001)
Sec. 10. The court has continuing jurisdiction over proceedings brought under this act to increase or decrease the amount fixed by the order of filiation subject to section 7, and to provide for, change, and enforce provisions of the order relating to the custody or support of or parenting time with the child.
Chapter 722, §722.720
Repealed. 1982, Act 296, Eff. July 1, 1983.
Chapter 722, §722.720a
Mother’s support and education of child born out of wedlock; bond; default; liability of father. (2001)
Sec. 11.
(1) If a mother of a child born out of wedlock possesses property and fails to support and educate her child, the court having jurisdiction, on application of the child’s guardian or next friend, or the family independence agency if the child is being supported in whole or in part by public assistance, may investigate the matter and, after a hearing and subject to section 7, may make an order charging the mother with the payment of money weekly or otherwise for the child’s support and education.
(2) The court may require the mother to give security, by bond, with sufficient sureties approved by the court for the payment as directed by the order. In case of default under the bond, the bond shall be enforced in the manner provided in section 9.
(3) This section does not relieve the father from liability for the child’s support and education in accordance with this act.
Chapter 722, §722.721
False complaint; penalty. (1972)
Sec. 12. Any person making a false complaint under this act as to identity of the father, or the aiding or abetting therein, shall be guilty of a misdemeanor. This section shall not apply to an authorized official of the department of social services who in good faith filed a complaint under this act based upon information and belief.
Chapter 722, §722.722
Repealed. 1982, Act 296, Eff. July 1, 1983. [M.S.A. 25.503]
Chapter 722, §722.723
Appeal; stay of execution, bond, security for costs. (1956)
Sec. 14. An appeal in all cases may be taken by either the complainant or the defendant, a guardian ad litem appointed by the court for the child, the mother or her personal representative, from any final order or judgment of any court having jurisdiction of filiation proceedings.
No appeal, however, shall operate as a stay of execution unless the defendant gives the security provided in section 9 of this act and further security to pay the costs of such appeal.
Chapter 722, §722.724
Reference to mother as parent of child in records, certificates, or other papers. (1980)
Sec. 15. In a record, certificate, or other paper made or executed requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient to refer to the mother as the parent of the child. An explicit reference shall not be made to illegitimacy.
Chapter 722, §722.725
Application of act. (1956)
Sec. 16. This act applies to all cases arising out of birth out of wedlock commenced after this act takes effect, and such cases shall not thereafter be commenced under chapter 42 of the Revised Statutes of 1846, as amended, being sections 722.601 to 722.612, inclusive, of the Compiled Laws of 1948, which shall, however, apply to and govern all cases commenced thereunder prior to the time this act takes effect.
Chapter 722, §722.726
Fees; assessment in order of filiation. (1956)
Sec. 17. No fees for commencement of suit, filing fee, decree or judgment fee, or stenographer fee shall be required in proceedings under this act, but the court may assess such fees against the father in the order of filiation.
Chapter 722, §722.727
Enforcement remedies. (1956)
Sec. 18. In addition to the methods provided under this act for the enforcement of any court order or judgment, whether interlocutory or final, any such order, decree or judgment may be also enforced under the provisions of Act No. 8 of the Public Acts of 1952, as amended, being sections 780.151 to 780.173, inclusive, of the Compiled Laws of 1948.
Chapter 722, §722.728
Reimbursement of county for cost of enforcing support or parenting time orders; service fee; computation, payment, and disposition; failure or refusal to pay service fee; contempt. (1999)
Sec. 19.
(1) To reimburse the county for the cost of enforcing support or parenting time orders under this act, the court shall order the payment of $2.00 per month, payable semiannually on each January 2 and July 2, to the friend of the court or state disbursement unit. The service fee shall be paid by the person ordered to pay the support money. The service fee shall be computed from the beginning date of the support order and shall continue while the support order is operative. The service fee shall be paid 6 months in advance on each due date, except for the first payment, which shall be paid at the same time the support order is filed and covers the period of time from that month until the next calendar due date. An order or judgment for the payment of support money shall provide for the payment of the service fee. Upon its own motion, the court may amend an order or judgment for the payment of support money to provide for the payment of the service fee in the amount provided by this subsection, upon proper notice to the person ordered to pay the support money. The service fees shall be turned over to the county treasurer and credited to the general fund of the county.
(2) The court may hold in contempt a person who fails or refuses to pay a service fee ordered under subsection (1).
Chapter 722, §722.729
Transition to centralized receipt and disbursement of support and fees. (1999)
Sec. 19a. The department, the SDU, and each office of the friend of the court shall cooperate in the transition to the centralized receipt and disbursement of support and fees. An office of the friend of the court shall continue to receive and disburse support and fees through the transition, based on the schedule developed as required by section 6 of the office of child support act, 1971 PA 174, MCL 400.236, and modifications to that schedule as the department considers necessary.
Chapter 722, §722.729a
Paternity act; short title. (1956)
Sec. 20. This act shall be known and may be cited as “The paternity act”.
Chapter 722, §722.730
THE ACKNOWLEDGEMENT OF PARENTAGE ACT (Act 305 of 1996)
722.1001 Short title. (1996)
Sec. 1.
This act shall be known and may be cited as the “acknowledgment of parentage act”.
722.1002 Definitions. (1996)
Sec. 2.
As used in this act:
(a) “Acknowledgment” means an acknowledgment of parentage executed as provided in this act.
(b) “Child” means a child conceived and born to a woman who was not married at the time of conception or the date of birth of the child, or a child that the circuit court determines was born or conceived during a marriage but is not the issue of that marriage.
(c) “Court” means the circuit court.
(d) “Father” means the man who signs an acknowledgment of parentage of a child.
(e) “State registrar” means that term as defined in section 2805 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.2805 of the Michigan Compiled Laws.
722.1003 Acknowledgment of parentage; form; validity; signatures; copy. (1996)
Sec. 3.
(1) If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.
(2) An acknowledgment of parentage form is valid and effective if signed by the mother and father and those signatures are notarized by a notary public authorized by the state in which the acknowledgment is signed. An acknowledgment may be signed any time during the child’s lifetime.
(3) The mother and father shall be provided a copy of the completed acknowledgment at the time of signing.
722.1004 Acknowledgment as basis for court ordered child support, custody, or parenting time; relationship and status of child. (1996)
Sec. 4.
An acknowledgment signed under this act establishes paternity, and the acknowledgment may be the basis for court ordered child support, custody, or parenting time without further adjudication under the paternity act, Act No. 205 of the Public Acts of 1956, being sections 722.711 to 722.730 of the Michigan Compiled Laws. The child who is the subject of the acknowledgment shall bear the same relationship to the mother and the man signing as the father as a child born or conceived during a marriage and shall have the identical status, rights, and duties of a child born in lawful wedlock effective from birth.
722.1005 Acknowledgment of parentage; filing with state registrar; review; maintenance as permanent record; review; procedures and payment for issuance; basis for preparation of new birth certificate. (1996)
Sec. 5.
(1) A completed original acknowledgment of parentage shall be filed with the state registrar. Upon receipt of an acknowledgment, the state registrar shall review the form. If it appears to be properly completed and notarized, the state registrar shall file the acknowledgment in a parentage registry in the office of the state registrar. An acknowledgment filed with the state registrar shall be maintained as a permanent record in a manner consistent with section 2876 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.2876 of the Michigan Compiled Laws.
(2) The state registrar shall issue a copy of an acknowledgment filed in the parentage registry under the procedures and upon payment of the fee prescribed by section 2891 of Act No. 368 of the Public Acts of 1978, being section 333.2891 of the Michigan Compiled Laws.
(3) Upon filing, the completed acknowledgment form may serve as a basis for preparation of a new certificate of birth as provided in section 2831 of Act No. 368 of the Public Acts of 1978, being section 333.2831 of the Michigan Compiled Laws.
722.1006 Presumption of custody. (1996)
Sec. 6.
After a mother and father sign an acknowledgment of parentage, the mother is presumed to have custody of the minor child unless otherwise determined by the court or otherwise agreed upon by the parties in writing.
722.1007 Notices. (1996)
Sec. 7.
The acknowledgment of parentage form shall include at least all of the following written notices to the parties:
(a) The acknowledgment of parentage is a legal, public document.
(b) Completion of the acknowledgment is voluntary.
(c) The mother has custody of the child unless otherwise determined by the court or agreed by the parties in writing.
(d) Either parent may assert a claim in court for parenting time or custody.
(e) The parents have a right to notice and a hearing regarding the adoption of the child.
(f) Both parents have the responsibility to support the child and to comply with a court or administrative order for the child’s support.
(g) Notice that signing the acknowledgment waives the following:
(i) Blood or genetic tests to determine if the man is the biological father of the child.
(ii) Any right to an attorney, including the prosecuting attorney or an attorney appointed by the court in the case of indigency, to represent either party in a court action to determine if the man is the biological father of the child.
(iii) A trial to determine if the man is the biological father of the child.
722.1008 Acknowledgment of parentage; preparation or approval of form; availability to public. (1996)
Sec. 8.
The state registrar shall prepare or approve the form used for acknowledgment of parentage. The form shall conform as closely as possible to section 7, federal requirements, and the needs of other appropriate state agencies. The state registrar shall make the form available to the public through the family independence agency, prosecuting attorneys, and hospitals as provided in section 21532 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.21532 of the Michigan Compiled Laws.
722.1009 Appointment of next friend or guardian ad litem; effect of signing by minor parent. (1996)
Sec. 9.
In proceedings under this act, the court may appoint a next friend or guardian ad litem to represent a minor parent at the court’s discretion. A minor parent may sign an acknowledgment of parentage with the same effect as if he or she were of legal age.
722.1010 Consent to court jurisdiction. (1996)
Sec. 10.
Except as otherwise provided by law, a mother and father who sign an acknowledgment that is filed as prescribed by section 5 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.
722.1011 Acknowledgment of parentage; claim for revocation. (1996)
Sec. 11.
(1) The mother or the man who signed the acknowledgment, the child who is the subject of the acknowledgment, or a prosecuting attorney may file a claim for revocation of an acknowledgment of parentage. If filed as an original action, the claim shall be filed in the circuit court of the county where either the mother or man resides. If neither of those parties lives in this state, the claim shall be filed in the county where the child resides. A claim for revocation may be filed as a motion in an existing action for child support, custody, or parenting time in the county where the action is and all provisions in this act apply as if it were an original action.
(2) A claim for revocation shall be supported by an affidavit signed by the claimant setting forth facts that constitute 1 of the following:
(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment.
(3) If the court finds that the affidavit is sufficient, the court may order blood or genetic tests at the expense of the claimant, or may take other action the court considers appropriate. The party filing the claim for revocation has the burden of proving, by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgment is proper.
(4) A copy of the order of revocation shall be forwarded by the clerk of the court to the state registrar. The state registrar shall vacate the acknowledgment and may amend the birth certificate as prescribed by the order of revocation.
(5) Whether the claim for revocation under this act arises as an original action or as a motion in another action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent either party regarding the claim for revocation.
722.1012 Validity of prior acknowledgment. (1996)
Sec. 12.
This act does not affect the validity of an acknowledgment signed before the effective date of this act. The procedures for determination of a claim for revocation apply to all acknowledgments, including those signed before the effective date of this act.
722.1013 Effective date. (1996)
Sec. 13.
This act shall take effect June 1, 1997.
