Michigan Laws 712.11 – Blood or tissue typing or DNA identification profiling; presumption; costs; dismissal of custody petition
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 712.11
- Court: means the family division of circuit court. See Michigan Laws 712.1
- Emergency service provider: means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. See Michigan Laws 712.1
- Newborn: means a child who a physician reasonably believes to be not more than 72 hours old. See Michigan Laws 712.1
(1) In a petition for custody filed under this chapter, the court shall order the child and each party claiming paternity to submit to blood or tissue typing determinations or DNA identification profiling, as described in section 16 of the paternity act, 1958 PA 205, MCL 722.716.
(2) Unless the birth was witnessed by the emergency service provider and sufficient documentation exists to support maternity, in a petition for custody filed under this chapter, the court shall order the child and each party claiming maternity to submit to blood or tissue typing determinations or DNA identification profiling, as described in section 16 of the paternity act, 1958 PA 205, MCL 722.716.
(3) If the probability of paternity or maternity determined by the blood or tissue typing or DNA identification profiling is 99% or higher and the DNA identification profile and summary report are admissible, paternity or maternity is presumed and the petitioner may move for summary disposition on the issue of paternity or maternity.
(4) The court may order the petitioner to pay all or part of the cost of the paternity or maternity testing.
(5) If the result of the paternity or maternity testing is admissible and establishes that the petitioner could not be the parent of the newborn, the court shall dismiss the petition for custody.