How do I establish paternity in Michigan?
Michigan has three overlapping statutes: the Acknowledgment of Parentage Act, the Paternity Act, and the Revocation of Paternity Act.
1. Affidavit of Parentage
Form DCH-0682 is signed by both parents at the hospital or later, notarized, and filed with the Michigan Department of Health and Human Services (MDHHS). Under MCL 722.1003 a properly signed and filed affidavit "establishes paternity" and gives the mother initial custody (MCL 722.1006). It has the effect of a court order. There is no 60-day rescission as in many states; instead, an action to revoke must be filed under the Revocation of Paternity Act (MCL 722.1431 et seq.) within 3 years of the child's birth or 1 year after signing (whichever is later), based on mistake of fact, newly discovered evidence, fraud, misrepresentation, or duress.
2. Court-Ordered Paternity
A complaint under the Paternity Act, MCL 722.714, may be filed by the mother, alleged father, child (through guardian), or DHHS in family-division circuit court. Under MCL 722.716 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 99% probability creates a presumption (MCL 722.716(5)).
3. Presumption of Paternity
A child born or conceived during a marriage is presumed to be the husband's under MCL 722.1433. The Revocation of Paternity Act (MCL 722.1441) allows an alleged father, mother, or presumed father to set aside the presumption when statutory conditions are met.
4. Effects of Establishing Paternity
Triggers child support under the Michigan Child Support Formula (MCL 722.717), opens custody and parenting time under the Child Custody Act (MCL 722.21), vests intestate inheritance under MCL 700.2114, and supports birth-certificate amendment via MDHHS Vital Records.
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage and surrogacy are addressed through court orders, as Michigan's surrogacy framework is limited. Posthumous paternity is recognized. The Revocation of Paternity Act is unusually robust and frequently used.
This is legal information, not legal advice.
- Revocation of Paternity Act petition under MCL 722.1441
- Marital presumption challenge in a divorce involving a third-party biological father
- Affidavit of Parentage signed under duress or based on misrepresentation
- MCL 722.1003
- MCL 722.1006
- MCL 722.1433
- MCL 722.1441
- MCL 722.714
- MCL 722.716
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.