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2. Are there minutes that can be obtained regarding the new law that took effect April 1, 2000 regarding adopted children? In other words, what was actually said by the Council, Senators, House, etc. when this new law was created. Is the reporters comment section of the new law where the people changing the law were actually speaking?
3. Also, if an adopted child lost their natural mother one year prior to April 1, 2000 and just inherited from that estate are they entitled to their biological fathers estate if he died after April 1, 2000. And are the adopted children entitled to their step-fathers estate when he dies?
4. What was the reason for the change in the law regarding adopted children as of April 1, 2000? What prompted this change? Was there a similar case that was brought to the legislature's attention?
Only the individual presumed to be the natural parent of a child under subdivision (a) may disprove a presumption that is relevant to the relationship, and this exclusive right to do so terminates upon the death of the presumed parent.The Estates and Protected Individuals Code (EPIC) Technical Corrections Act (2000 PA 54 - Effective April 1, 2000) added Sec. 2114(1)(C)(v). This provides a fifth method for establishing the paternity of the father of an illegitimate child –
Regardless of the child’s age or whether or not the alleged father has died, the court with jurisdiction over probate proceedings relating to the decedent’s estate determines that the man is the child’s father, using the standards and procedures established under the paternity act, 1956 PA 205, MCL 722.711 to 722.730. MCL 700.2114(1)(C)(v); MSA 27.12114(1)(C)(v).Note, however, that according to John Martin, the official reporter for EPIC, this change is designed to provide a method for establishing paternity if a child is born after the father’s death or is an infant when the father dies. The reference to the paternity act is intended to safeguard against spurious claims. There is no language authorizing individuals to use this or any other method to attempt to dispute the paternity of an individual after the death of the person’s biological father. See also In re Quintero, 224 Mich App 682; 569 NW 2d 889 (1997).
2. I am not aware that this specific provision was discussed at any sub-committee, committee, or full legislative hearing. It is addressed in the Reporter’s Comment to Sec. 2114 in ICLE’s EPIC book with reporter’s commentary.
3. The adopted child would be able to inherit from their biological mother who died before April 1, 2000 – EPIC’s effective date. He could also inherit from his adoptive father regardless of when he died and his biological father if the death was on or after April 1, 2000. The rules of intestate succession in effect at a decedent’s date of death control, since this is a vested right. MCL 700.8101(2)(d); MSA 27.18101(2)(d). Adopted children are entitled to inherit from their adoptive parent(s)’ estate(s) under both the RPC and EPIC. The change under EPIC is that in a stepparent adoption (regardless of when the adoption occurred), a child may inherit from both his adoptive parent and their biological parent whose rights were terminated.
4. This change may have been motivated by a desire to make Michigan’s probate law more similar to the Uniform Probate Code (UPC). It was not motivated by a particular case that was brought to the legislature’s attention.
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