3.4Parentage Under the Acknowledgment of Parentage Act

A man may be considered the natural father of a child born out of wedlock if he joins the child’s mother in “acknowledg[ing] that child as his child by completing a form that is an acknowledgment of parentage.” MCL 722.1003(1). An acknowledgment properly signed and filed with the court will establish a child’s parentage, and “[t]he child who is the subject of the acknowledgment bears the same relationship to the birth parent and the acknowledged parent as a child born or conceived during a marriage and has the identical status, rights, and duties of a child born in lawful wedlock effective from birth.”¹ MCL 722.1004.

Note: The Acknowledgment of Parentage Act does not impact the validity of any acknowledgments signed before its effective date, June 1, 1997. MCL 722.1012. However, the revocation procedures under the Act impact all acknowledgments, including those signed before the June 1, 1997, effective date. Id.

Once the acknowledgment of parentage has been filed, a legal father’s parental rights may only be involuntarily terminated pursuant to a stepparent adoption or pursuant to the Juvenile Code. MCL 710.39(2). See Sections 2.10–2.11 for a detailed discussion of terminating parental rights.

Because an acknowledgment of parentage “legally establishe[s] paternity and confer[s] the status of natural and legal father on the man executing the acknowledgment,” an order of filiation cannot be entered under the Paternity Act as long as the acknowledgment of parentage remains valid and has not been revoked. Sinicropi v Mazurek, 273 Mich App 149, 152 (2006).

A.Acknowledgment of Parentage Form

It is the state registrar’s responsibility to prepare or approve an acknowledgment of parentage form, and make the approved form available to the public through the DHHS, prosecuting attorneys, and hospitals.² MCL 722.1008.

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

(a) The acknowledgment of parentage is a legal document.

(b) Completion of the acknowledgment is voluntary.

(c) For acknowledgments of parentage signed according to [MCL 722.1003(1)], the mother 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 mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.

(d) Either parent may assert a claim in court for parenting time or custody.

(e) The parents have a right to notice and a hearing regarding the adoption of the child.

(f) Both parents have the responsibility to support the child and to comply with a court or administrative order for the child’s support.

(g) Notice that signing the acknowledgment waives the following:

(i) Blood or genetic tests to determine if the man is the biological father of the child.

(ii) Any right to an attorney, including the prosecuting attorney or an attorney appointed by the court in the case of indigency, to represent either party in a court action to determine if the man is the biological father of the child.

(iii) A trial to determine if the man is the biological father of the child.

(h) That in order to revoke an acknowledgment of parentage, an individual must file a claim as provided under the revocation of parentage act.” MCL 722.1007.

“An acknowledgment of parentage form is valid and effective and establishes the parentage of a child if signed by individuals eligible to acknowledge parentage as set forth in [MCL 722.1001, MCL 722.1002, and MCL 722.1003] and those signatures are each notarized by a notary public authorized by the state in which the acknowledgment is signed or witnessed by 1 disinterested, legally competent adult.”³ MCL 722.1003(4). An acknowledgment may be signed at any time during a child’s lifetime. Id. 

After a mother and father sign an acknowledgment of parentage, the completed original must be filed with the state registrar.⁴ MCL 722.1005(1). The state registrar must file a properly completed acknowledgment in a parentage registry in the state registrar’s office and the state registrar must maintain the acknowledgment as a permanent record in a manner consistent with MCL 333.2876. MCL 722.1005(1).

A copy of the completed acknowledgment must be provided to both parents at the time the acknowledgment is signed.⁵ MCL 722.1003(5).

B.Minor Parent

A minor parent may sign an acknowledgment of parentage, and the signature has the same effect as if the minor were an adult. MCL 722.1009. The court may appoint a next friend or guardian ad litem to represent the minor parent during the acknowledgment of parentage proceedings. Id. 

C.Birth Certificate

Once a completed acknowledgment of parentage form has been filed, “the completed acknowledgment form may serve as a basis for preparation of a new certificate of birth as provided in . . . MCL 333.2831.” MCL 722.1005(3).

D.Parental Rights and Obligations

“After completion of an acknowledgment of parentage signed according to [MCL 722.1003(1)], the mother has initial custody of the minor child, without prejudice to the determination of either parent’s custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court. This grant of initial custody to the mother shall not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time.” MCL 722.1006. “[A]lthough the mother receives initial custody of the child through the execution of an [Acknowledgment of Parentage (AOP)], this initial custody is not a judicial determination.” Sims v Verbrugge, 322 Mich App 205, 212 (2017) (equating an AOP to a judicial determination “would be in direct conflict with the MCL 722.1006 statement that the grant of initial custody ‘shall not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time’”), citing Foster v Wolkowitz 486 Mich 356, 366 (2010).

“Except as otherwise provided by law, a mother and father who sign an acknowledgment that is filed as prescribed by [MCL 722.1005] are consenting to the general, personal jurisdiction of the courts of record of this state regarding the issues of support, custody, and parenting time of the child. MCL 722.1010. An acknowledgment “is the equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.” MCL 722.1004. “[T]he acknowledgment may be the basis for court ordered child support, custody, or parenting time without further adjudication under the paternity act, . . . [MCL] 722.711 to [MCL] 722.730, or under the assisted reproduction and surrogacy parentage act.” MCL 722.1004.

However, an “improperly executed affidavit of parentage does not provide [a putative father] with standing to seek custody of the child.” Aichele v Hodge, 259 Mich App 146, 156 (2003). A putative father does not have a due process right to establish and maintain a relationship with his child when the mother gave birth to the child while married to another man and there is no court determination of paternity. Michael H v Gerald D, 491 US 110, 121, 124 (1989); Aichele, 259 Mich App at 167-168.

E.Validation of Acknowledgment

“‘[T]he Acknowledgment of Parentage Act does not prohibit a child from being acknowledged by a man that is not his or her biological father’ . . . [when the] man honestly, but mistakenly, believe[s] that he [is] the biological father of a child and sign[s] an acknowledgment of parentage so believing.” In re E R Moiles (Moiles I), 303 Mich App 59, 72-73 (2013), rev’d in part and vacated in part on other grounds by In re E R Moiles (Moiles II), 495 Mich 944 (2014),⁶ quoting In re Daniels Estate, 301 Mich App 450, 456 (2013).

“[A]n affidavit of parentage can never be properly executed unless a child is born out of wedlock.” Aichele v Hodge, 259 Mich App 146, 156 (2003) (despite a paternity test revealing another man outside of the marriage was the child’s biological father, the trial court properly invalidated the acknowledgment of parentage signed by the child’s mother and biological father when the child “was conceived and born during [the mother’s] marriage to [someone other than the biological father] and there had been no judicial determination that [the child] was not an issue of the marriage”).

F.Revoking an Acknowledgment of Parentage

“[I]n order to revoke an acknowledgment of parentage, an individual must file a claim as provided under the revocation of parentage act[, MCL 722.1431 et seq.]” MCL 722.1007(h).