The Rights of Unmarried Parents - Michigan

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Definitions

Citation: Comp. Laws §§ 722.1002; 722.1003

A 'father' is the person who signs an acknowledgment of parentage of a child.

If a child is born out of wedlock, a person is considered the natural other parent of that child if the person joins with the birth parent of the child and acknowledges that child as their child by completing a form that is an acknowledgment of parentage.

Use of Parentage Registries

This issue is not addressed in the statutes reviewed.

Alternate Means to Establish Parentage

Citation: Comp. Laws §§ 710.33; 722.1003; 722.1467; 722.1469

Before the birth of a child born out of wedlock, a person claiming under oath to be the other parent of the child may file a verified notice of intent to claim parentage with the court in any county of this State. A person filing a notice of intent to claim parentage shall be presumed to be the other parent of the child unless the birth parent denies that the claimant is the genetic parent. A person who timely files a notice of intent to claim parentage shall be entitled to notice of any hearing involving that child to determine the identity of the other parent of the child and any hearing to determine or terminate their paternal rights to the child.

If a child is born out of wedlock, a person is considered the natural other parent of that child if the person joins with the child's birth parent and acknowledges the child as their child by completing a form that is an acknowledgment of parentage. An acknowledgment of parentage form is valid and effective if signed by both parents and those signatures are each notarized by a notary public or witnessed by one disinterested adult. An acknowledgment may be signed any time during the child's lifetime.

A person is considered the biological father of a child if the results of genetic testing determine that the probability of parentage is 99 percent or higher. Genetic testing that determines the person is the genetic parent of a child may be the basis for court-ordered child support, custody, or parenting time without further adjudication under the parentage act. The child who is the subject of the genetic testing has the same relationship to the birth parent and the person determined to be the genetic parent as a child born or conceived during a marriage and has identical status, rights, and duties of a child born in lawful wedlock effective from birth.

Required Information

Citation: Comp. Laws §§ 710.33; 722.1003; 722.1007

The notice of intent to claim parentage shall include the claimant's address.

The witness to an acknowledgment of parentage must sign and date the acknowledgment of parentage form and provide their printed name, address, and place of employment.

The acknowledgment of parentage form shall include at least all the following written notices to the parties:

  • The acknowledgment of parentage is a legal document.
  • Completion of the acknowledgment is voluntary.
  • The birth parent has initial custody of the child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or agreed by the parties in writing and acknowledged by the court. This grant of initial custody to the birth parent shall not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.
  • Either parent may assert a claim in court for parenting time or custody.
  • The parents have a right to notice and a hearing regarding the adoption of the child.
  • Both parents have the responsibility to support the child and to comply with a court or administrative order for the child's support.
  • Notice that signing the acknowledgment waives the following:
    • Blood or genetic tests to determine if the person is the genetic parent of the child
    • Any right to an attorney to represent either party in a court action to determine if the person is the genetic parent of the child
    • A trial to determine if the person is the genetic parent of the child
  • That to revoke an acknowledgment of parentage, an individual must file a claim as provided under the revocation of parentage act.

Revocation of Claim to Parentage

Citation: Comp. Laws § 722.1437

Either parent or a prosecuting attorney may file an action for revocation of an acknowledgment of parentage. An action 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.

An action for revocation shall be supported by an affidavit signed by the person filing the action that states facts that constitute one of the following:

  • Mistake of fact
  • Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed
  • Fraud
  • Misrepresentation or misconduct
  • Duress in signing the acknowledgment

If the court in an action for revocation finds that an affidavit is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under § 722.1443(5). The person filing the action has the burden of proving, by clear and convincing evidence, that the acknowledged other parent is not the genetic parent of the child.

The clerk of the court shall forward a copy of an order of revocation entered under this section to the State registrar. The State registrar shall vacate the acknowledgment of parentage and may amend the child's birth certificate as prescribed by the order of revocation.

Access to Information

Citation: Comp. Laws §§ 710.33; 722.1003

If the birth parent's address is stated on the notice of intent to claim parentage, the vital records division shall send a copy of the notice by first-class mail to the child's birth parent at the stated address.

The parents shall be provided a copy of the completed acknowledgment of parentage at the time of signing.