After signing the acknowledgement of paternity, the DNA test revealed that the child is not mine. What can i do now?
Full Question:
I am married and live in Michigan. I voluntarily acknowledged the paternity of the child of my ex-girlfriend 6 months ago, upon the belief that the child is mine. But last week I underwent a DNA test and has confirmed that the child is not mine. What is the procedure to revoke parentage?
12/26/2016 |
Category: Paternity |
State: Michigan |
#28803
Answer:
MCL § 722.1437 provides that:
“Sec. 7. (1) The mother, the acknowledged father, an alleged father, or a prosecuting attorney may file an action for revocation of an acknowledgment of parentage. 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 acknowledgment of parentage was signed, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date the acknowledgment is signed does not apply to an action filed on or before June 12, 2013.
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(4) An action for revocation under this section shall be supported by an affidavit signed by the person filing the action that states facts that constitute 1 of the following:
(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment.
(5) If the court in an action for revocation under this section finds that an affidavit under subsection (4) 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 acknowledged father is not the father of the child.
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If the court finds that the affidavit is sufficient, and the action is filed within the limitation period as provided above, the court may allow the action or motion to be filed and take other action that it considers appropriate. The court shall order blood or tissue typing or DNA identification. The burden of proving that the acknowledged father is not the father is upon the person filing the complaint. So, you may file an action to revoke the prior paternal acknowledgment and file a supporting affidavit which shows the facts amounting to any of the factors like mistake of fact, misrepresentation or any other factor as applicable in your case.
