“A petition for blood or tissue typing tests under MCL 722.716 must be filed at or before the pretrial conference or, if a pretrial conference is not held, within the time specified by the court. Failure to timely petition waives the right to such tests, unless the court, in the interest of justice, permits a petition at a later time.” MCR 3.217(B).
A.Department of Health and Human Services (DHHS)
“If, after service of process, the parties fail to consent to an order naming the man as the child’s father as provided in [the Paternity Act] within the time permitted for a responsive pleading,[1] then the [DHHS] or its designee may file and serve both the mother and the alleged father with a notice requiring that the mother, alleged father, and child appear for genetic paternity testing as provided in [MCL 722.716].” MCL 722.714(9).
“If the mother, alleged father, or child does not appear for genetic paternity testing as provided in [MCL 722.716(9)], then the [DHHS] or its designee may apply to the court for an order compelling genetic paternity tests as provided in [MCL 722.716] or may seek other relief as permitted by statute or court rule.” MCL 722.714(10).
A party to the paternity action may file a request for genetic testing. See MCL 722.716(1) (Paternity Act), which requires the court to order the child’s mother, the child, and the alleged father to submit to genetic testing on a party’s request; MCL 722.1438(1)-(3) (Revocation of Paternity Act), which require the court to order genetic testing upon a sufficient2 action3 filed by the mother, genetic father, or alleged father.
Under the Paternity Act, the court may on its own motion order the child’s mother, the child, and the alleged father to submit to genetic testing. MCL 722.716(1).
1 MCR 2.108(A)(1)-(2) require a responsive pleading within 21 days of being served with the summons and complaint, and within 28 days of service if the defendant is served outside of Michigan or is served by registered mail.
2 The actions must be supported by an affidavit signed by the filer that states at least one of the following facts: “(a) [t]he genetic tests that established the man as a child’s father were inaccurate”; “(b) [t]he man’s genetic material was not available to the child’s mother”; or “(c) [a] man who has DNA identical to the genetic father is the child’s father.” MCL 722.1438(2).
3 The action may be “brought by a complaint in an original action or by a motion in an existing action[.]” See MCL 722.1438(5).It must 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.” MCL 722.1438(1).