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Bill Signed to Ensure Legal Recognition of Biological Fathers

heiny, Flickr

Governor Snyder signed legislation on Tuesday to increase biological fathers’ paternal rights, even in situations where another man already is legally acknowledged as the child’s father.

The four bill package allows a child’s mother, legally acknowledged father or potential biological father to file an action to challenge which man should legally be viewed as the father. Under the current 1956 law, a woman’s husband is presumed the father of her children, and challenging this assumption in nearly impossible. In addition, 43 percent of all Michigan babies are born to unmarried mothers, and many of these diverse family structures can cause legal uncertainty over children’s paternity.

Under the legislation, when an action to change legal paternity is filed, the court will order a DNA profiling or blood or tissue typing test. Based on the results and the best interests of the child, the court will decide paternity. This allows biological fathers in unusual or difficult family situation the chance for legal rights over their children.

The Department of Human Services also will be able to file a suit to determine paternity, as well as child support, for children of uncertain parentage who receive public benefits supported by tax dollars.

The package includes Senate Bill 557, S.B. 560 and House Bill 5328 and H.B. 5329.

“Children thrive with parental involvement, and I am pleased this legislation pushes for increased involvement through easier recognition of biological fathers,” Snyder said.

The bills are now Public Acts 159-162 of 2012, respectively. Visit www.legislature.mi.gov for more information on these bills and others.

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