Michigan Laws 722.1445 – Determination of paternity
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Terms Used In Michigan Laws 722.1445
- Acknowledged father: means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act, 1996 PA 305, MCL 722. See Michigan Laws 722.1433
- Affiliated father: means a man who has been determined in a court to be the child's father. See Michigan Laws 722.1433
- Alleged father: means a man who by his actions could have fathered the child. See Michigan Laws 722.1433
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Genetic father: means a man whose paternity has been determined solely through genetic testing under the paternity act, 1956 PA 205, MCL 722. See Michigan Laws 722.1433
- Order of filiation: means a judicial order establishing an affiliated father. See Michigan Laws 722.1433
(1) If an action is brought by an alleged father who proves by clear and convincing evidence that he is the child’s father, the court may make a determination of paternity and enter an order of filiation as provided for under section 7 of the paternity act, 1956 PA 205, MCL 722.717.
(2) If an action is brought by a mother who, after a fact-finding hearing, proves by clear and convincing evidence that the child was conceived as a result of nonconsensual sexual penetration, the court shall do 1 of the following:
(a) Revoke an acknowledgment of parentage for an acknowledged father.
(b) Determine that a genetic father is not the child’s father.
(c) Set aside an order of filiation for an affiliated father.
(d) Make a determination of paternity regarding an alleged father and enter an order of revocation of paternity for that alleged father.
(3) Subsection (2) does not apply if, after the date of the alleged nonconsensual sexual penetration described in subsection (2), the biological parents cohabit and establish a mutual custodial environment for the child.
(4) As used in this section, “sexual penetration” means that term as defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.