Michigan Laws 722.1438 – Action for order determining genetic father not child’s father
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 722.1438
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alleged father: means a man who by his actions could have fathered the child. See Michigan Laws 722.1433
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The mother, the genetic father, an alleged father, or a prosecuting attorney may file an action for an order determining that a genetic father is not a child’s father. An action under this section shall be filed within 3 years after the child’s birth or within 1 year after the date that the genetic father was established as a child’s father, whichever is later.
(2) An action under this section shall be supported by an affidavit signed by the person filing the action that states facts constituting 1 of the following:
(a) The genetic tests that established the man as a child’s father were inaccurate.
(b) The man’s genetic material was not available to the child’s mother.
(c) A man who has DNA identical to the genetic father is the child’s father.
(3) If the court in an action under this section finds that an affidavit under subsection (2) is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under section 13(5). The person filing the action has the burden of proving, by clear and convincing evidence, that the genetic father is not the father of the child. The court may order the person filing the action to repay the cost of the genetic test to the state.
(4) If a genetic father has been reported to the state registrar as a child’s father, the clerk of the court shall forward a copy of an order determining that the genetic father is not a child’s father to the state registrar. The state registrar shall remove the genetic father as the child’s father and may amend the birth certificate as prescribed by the order.
(5) Whether an action filed under this section is brought by a complaint in an original action or by a motion in an existing action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent any party regarding the action.