September 18, 2014, Introduced by Reps. Shirkey, Kurtz and O'Brien and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 36 of chapter X (MCL 710.36), as amended by
1996 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 36. (1) If a child is claimed to be born out of wedlock
and the mother executes or proposes to execute a release or consent
relinquishing her rights to the child or joins in a petition for
adoption filed by her husband, and the release or consent of the
natural father cannot be obtained, the judge shall hold a hearing
as soon as practical to determine whether the child was born out of
wedlock, to determine the identity of the father, and to determine
or terminate the rights of the father as provided in this section
and sections 37 and 39 of this chapter.
(2) Proof of service of a notice of intent to release or
consent or the putative father's verified acknowledgment of notice
of intent to release or consent shall be filed with the court, if
the notice was given to the putative father. The court shall
request
the vital records division of the department of public
community health to send to the court a copy of any notice of
intent
to claim paternity of the particular child which that the
division has received.
(3) Notice of the hearing shall be served upon the following:
(a) A putative father who has timely filed a notice of intent
to claim paternity as provided in section 33 or 34 of this chapter.
(b) A putative father who was not served a notice of intent to
release or consent at least 30 days before the expected date of
confinement specified in the notice of intent to release or
consent.
(c)
Any other male who was not served pursuant according to
section 34(1) of this chapter with a notice of intent to release or
consent and who the court has reason to believe may be the child's
father. of
the child.
(4) The notice of hearing shall inform the putative father
that
his failure to appear at the hearing shall constitute
constitutes a denial of his interest in custody of the child, which
denial shall result in the court's termination of his rights to the
child.
(5) Proof of service of the notice of hearing required by
subsection (3) shall be filed with the court. A verified
acknowledgment of service by the party to be served is proof of
personal
service. Notice of the hearing shall is not be required if
the putative father is present at the hearing. A waiver of notice
of hearing by a person entitled to receive it is sufficient.
(6) The court shall receive evidence as to the identity of the
father of the child. The court shall receive in lieu of the
mother's live testimony an affidavit or a verified written
declaration from the mother as evidence of the identity and
whereabouts of the child's father. If the court determines that the
affidavit or verified written declaration is insufficient, the
court shall allow amendment of the affidavit or verified written
declaration. Based upon the evidence received, the court shall
enter a finding identifying the father or declaring that the
identity of the father cannot be determined.
(7)
If the court finds that the child's
father of the child is
a person who did not receive either a timely notice of intent to
release
or consent pursuant according
to section 34(1) of this
chapter
or a notice required pursuant to under subsection (3) , and
who has neither waived his right to notice of hearing nor is
present at the hearing, the court shall adjourn further proceedings
until that person is served with a notice of hearing.