Paternity in Michigan: Because Being a Father and Being a Legal Father Aren’t the Same Thing

Biology doesn’t automatically create legal rights — or legal obligations. In Michigan, an unmarried father has no legal relationship to his child until paternity is established through an Affidavit of Parentage or court order. That means no custody rights, no parenting time, no say in major decisions — but also, for mothers, no enforceable child support.

At Boroja, Bernier & Associates, we help parents establish paternity properly, whether you’re a father seeking rights to your child, a mother seeking support, or someone facing a paternity claim you want to contest. Because legal parenthood matters.

Serving Southeast Michigan, Central Michigan & Mid-Michigan

Meet Joel Bernier, Family Law Partner

Legal Fatherhood Doesn’t Happen Automatically. Here’s Why That Matters.

When married couples have children, the law presumes the husband is the father. No paperwork required. No court involvement. The legal relationship exists from birth.

Unmarried parents don’t get that presumption.

Under Michigan’s Paternity Act (MCL 722.711 et seq.), an unmarried father has no legal rights to his child — and no legal obligations — until paternity is formally established. He can be the biological father. He can be raising the child. He can be the only father the child has ever known. None of that matters legally until paternity is on paper.

This creates problems in multiple directions.

For fathers: Without established paternity, you cannot seek custody or parenting time through the courts. If the mother decides to cut you out of the child’s life, you have no legal recourse. If she wants to move out of state with the child, you cannot object. Your relationship with your child exists entirely at her discretion — which is a terrifying position for any involved father.

For mothers: Without established paternity, you cannot obtain enforceable child support. The biological father may be morally obligated to contribute, but you have no legal mechanism to compel payment. If he decides to stop helping, you have no recourse.

For children: Without established paternity, children lack legal connection to their fathers — which affects inheritance rights, access to family medical history, eligibility for benefits (Social Security, veterans’ benefits, health insurance), and the fundamental right to know and have a relationship with both parents.

Establishing paternity solves all of these problems. It creates the legal foundation for custody, parenting time, and support — and gives both parents standing to seek court intervention when necessary.

“Many unmarried fathers assume that being on the birth certificate establishes their legal rights. It doesn’t — not without a signed Affidavit of Parentage or court order establishing paternity. At Boroja, Bernier & Associates, we regularly see fathers who’ve been involved since birth discover they have zero legal standing when the relationship with the mother deteriorates. The time to establish paternity is at birth or shortly after — not when a crisis forces the issue.”

The Two Paths to Establishing Paternity in Michigan

Michigan law provides two methods for establishing legal paternity: voluntary acknowledgment through an Affidavit of Parentage, or court determination through a paternity action. The right path depends on your situation — and getting it right from the start matters more than most parents realize.

Path 1: Affidavit of Parentage (Voluntary Acknowledgment)

The simplest way to establish paternity is for both parents to sign an Affidavit of Parentage — a legal document in which the mother identifies the father and the father acknowledges he is the biological parent.

Hospitals offer the Affidavit of Parentage to unmarried parents immediately after birth. Signing at the hospital is convenient, but it’s not the only option. Parents can sign the Affidavit later at the local DHHS office, county clerk’s office, or through an attorney.

When both parents sign the Affidavit of Parentage:

• The father’s name is added to the birth certificate (this only happens with a signed Affidavit or court order — not automatically)
• Legal paternity is established
• The father gains the right to seek custody and parenting time
• The father becomes obligated to support the child
• The child gains inheritance and benefit rights

The Affidavit must be signed voluntarily by both parents. If there’s any doubt about biological paternity, don’t sign until genetic testing confirms the truth. Once signed, the Affidavit is difficult (though not impossible) to revoke.

Revoking an Affidavit of Parentage

Michigan allows either parent to revoke the Affidavit within 60 days of signing by filing a revocation with the Michigan Department of Health and Human Services. No reason required — either parent can simply change their mind within that window.

After 60 days, revocation becomes much harder. You must file a court action and prove:

• Mistake of fact (typically, new evidence that the man is not the biological father)
• Newly discovered evidence
• Fraud, duress, or material mistake

Courts are reluctant to disrupt established paternity after the 60-day window, especially when a parent-child relationship has formed. The child’s interests in stability weigh heavily against revocation.

Path 2: Court Order (Paternity Action)

When parents disagree about paternity — or when the father is unwilling to acknowledge paternity voluntarily — the mother (or the alleged father, or the state) can file a paternity action asking the court to determine legal paternity.

A paternity action under MCL 722.714 involves:

• Filing a complaint in circuit court
• Service of process on the alleged father
• Discovery, including genetic testing if paternity is disputed
• A hearing or trial where the court determines paternity
• Entry of an Order of Filiation establishing the legal father-child relationship

Once the court enters an Order of Filiation, the legal consequences are the same as a signed Affidavit: the father has rights (to seek custody/parenting time) and obligations (to support the child).

The Marital Presumption: When You’re the Legal Father Even If You’re Not the Biological Father

Here’s a scenario that blindsides people — and it’s more common than you’d think.

You’re married. Your wife cheats on you. She gets pregnant by her affair partner. The child is born while you’re still legally married — maybe you’re even in the middle of divorce proceedings when the birth happens.

Under Michigan law, you are presumed to be that child’s legal father.

Not the man she cheated with. Not the biological father. You.

This presumption exists because the law historically assumed children born during marriage were the husband’s children. It made sense in an era before DNA testing. Today, it creates situations that feel profoundly unjust.

Why This Matters

If you don’t act quickly to rebut this presumption, you may be stuck with the legal consequences of fatherhood for a child who isn’t biologically yours:

Child support obligation: You could be ordered to pay child support for this child — potentially for 18 years — even though DNA would prove you’re not the father.

The cruelest twist: Your wife could move in with her affair partner — the child’s actual biological father — and you could still be paying her child support for his child while they play house together. The biological father faces no support obligation because he was never established as the legal father. You were, by operation of law.

Limited time to act: The longer you wait to challenge the presumption, the harder it becomes. Courts consider the child’s established relationships and need for stability. A man who waits years to challenge paternity — even with DNA evidence — may find courts unwilling to disrupt the child’s life by removing the only legal father they’ve known.

How to Rebut the Presumption

If you’re in this situation, you must file a court action to disestablish paternity. This typically requires:

• Filing promptly — ideally before or immediately after the child’s birth
• DNA testing proving you’re not the biological father
• Demonstrating that another man is the biological father (the court may require identifying and testing the actual father)
• Navigating strict procedural requirements and time limitations

The presumption can be rebutted, but it requires affirmative legal action. Doing nothing means accepting legal fatherhood by default.

If You’re Going Through Divorce

If you’re divorcing and your spouse is pregnant — or you suspect a child born during the marriage isn’t yours — address paternity immediately within the divorce proceedings. Don’t assume it will sort itself out. Don’t wait until the divorce is final. The longer the presumption stands unchallenged, the more difficult (and potentially impossible) it becomes to escape.

“We’ve represented men who discovered — sometimes years later — that they’ve been paying child support for children who aren’t biologically theirs, while the actual fathers contribute nothing. While there’s no statutory deadline to challenge paternity, courts become increasingly reluctant to disrupt established parent-child relationships the longer you wait. If you have any doubt about paternity, act immediately. The longer you function as that child’s legal father, the harder it becomes to convince a court to change it — even with DNA evidence proving you’re not the biological parent.”

DNA Testing: When Biology Is Disputed

When the alleged father denies being the biological parent — or when anyone has legitimate doubts — genetic testing resolves the question with near-certainty.

How Genetic Testing Works

Modern DNA paternity tests compare genetic markers between the child and the alleged father. Testing is non-invasive — typically a buccal (cheek) swab collecting cells from inside the mouth. No blood draw required.

The science is extremely reliable. An exclusion (the man is NOT the biological father) is 100% certain. An inclusion (the man IS the biological father) typically shows 99.9% or higher probability — essentially certain for legal purposes.

Court-Ordered Testing

In a paternity action, either party can request genetic testing, and courts routinely order it when paternity is disputed. Under MCL 722.716, courts must order testing upon request of any party.

Testing must be performed by an accredited laboratory. The court typically allocates testing costs — often to the party requesting the test, or ultimately to the losing party.

Results are admissible as evidence. A test showing 99% or higher probability of paternity creates a presumption that the tested man is the father — shifting the burden to him to prove otherwise (which, given the science, is essentially impossible).

At-Home Tests vs. Legal Tests

Over-the-counter DNA tests you order online can provide information, but they generally aren’t admissible in court. Legal paternity testing requires:

• Chain of custody documentation
• Identity verification of all parties
• Accredited laboratory processing
• Proper result certification

If you’re testing for peace of mind, an at-home test works. If you need results that matter in court, use a court-approved testing process.

When Testing Isn’t Requested

Not every paternity action involves testing. If the alleged father acknowledges he’s the biological parent but simply hasn’t signed the Affidavit, testing is unnecessary — the court can establish paternity based on his admission. Similarly, if circumstantial evidence strongly supports paternity and the alleged father fails to appear or participate, the court can enter a default order establishing paternity without genetic testing.

Rights and Obligations: What Established Paternity Actually Means

Establishing paternity isn’t just paperwork — it fundamentally changes the legal relationship between father, mother, and child. Too many parents treat this as a box to check. It’s not. It’s the legal foundation that everything else — custody, support, parenting time — is built on.

Father’s Rights

Once paternity is established, the father has standing to seek:

Custody: The father can petition for legal custody (decision-making authority) and physical custody (where the child lives). Courts evaluate custody between unmarried parents using the same twelve best interest factors (MCL 722.23) that apply in divorce cases.

Parenting time: The father can seek a court-ordered parenting time schedule. Without established paternity, a father has no enforceable right to see his child — the mother controls access entirely. With established paternity, courts will establish reasonable parenting time serving the child’s best interests.

Decision-making participation: With joint legal custody (common even when one parent has primary physical custody), the father participates in major decisions about education, healthcare, and religious upbringing.

Father’s Obligations

Established paternity also creates obligations:

Child support: The father becomes legally obligated to support the child financially. Michigan’s Child Support Formula applies to determine the amount based on both parents’ incomes, parenting time, and expenses. Support can be enforced through income withholding, tax intercept, license suspension, and contempt proceedings.

Healthcare coverage: Courts typically order one or both parents to maintain health insurance for the child.

Retroactive support: In some circumstances, the mother can seek support dating back to the child’s birth — not just from the date paternity was established. The potential for years of accumulated support obligation makes prompt paternity establishment important for fathers.

Mother’s Rights

Establishing paternity gives mothers:

Enforceable support: The ability to obtain and enforce child support orders through Friend of the Court and court mechanisms. Voluntary contributions are unreliable; court-ordered support is enforceable.

Shared responsibility: Financial responsibility for the child shifts from mother alone to both parents proportionally.

Child’s Rights

Perhaps most importantly, established paternity protects children’s rights:

Inheritance: Children inherit from their legal fathers under Michigan intestacy law. Without established paternity, children have no automatic inheritance rights from their biological fathers.

Benefits: Children may qualify for Social Security benefits, veterans’ benefits, and other government programs based on their father’s status. Paternity must be established to claim these benefits.

Medical history: Access to the father’s family medical history, which can be critical for healthcare decisions.

Identity and relationship: The fundamental right to know their parentage and have a legal relationship with both parents.

Michigan’s Expanded Parentage Laws: What Changed in 2025

Michigan’s approach to legal parentage expanded significantly in 2025 with the enactment of the Family Protection Act, which includes the Assisted Reproduction and Surrogacy Parentage Act. This is one of the most meaningful updates to Michigan family law in decades — and it directly affects how legal parentage is established beyond traditional paternity.

Before 2025, Michigan’s parentage framework focused almost exclusively on biological paternity: determining who the biological father is and establishing his legal relationship to the child. That framework didn’t adequately address families formed through assisted reproduction, surrogacy, or other modern pathways to parenthood.

The new law creates statutory frameworks for establishing legal parentage in assisted reproduction and surrogacy situations. For intended parents using donor eggs, donor sperm, or gestational surrogates, legal parentage can now be established through Michigan’s statutory process rather than relying solely on adoption — which was often the only available path before the law took effect.

This matters because Michigan families are forming in increasingly diverse ways. The law now reflects that reality. For families using assisted reproduction or surrogacy, establishing parentage through the statutory framework provides certainty and legal protection from the outset — rather than navigating a patchwork of adoption proceedings and court orders that were never designed for these situations.

At Boroja, Bernier & Associates, we help families navigate both traditional paternity establishment and these newer parentage pathways. Whether your situation involves an Affidavit of Parentage, a contested paternity action, or establishing parentage through Michigan’s expanded framework, we ensure your legal rights — and your child’s legal rights — are properly secured.

Contested Paternity: When Someone Disputes Who the Father Is

Not every paternity case is straightforward. Sometimes multiple men might be the father. Sometimes the alleged father denies involvement. Sometimes a man who signed an Affidavit later learns he’s not the biological parent. These cases require an attorney who understands the procedural complexity and isn’t afraid to push aggressively for the right outcome.

When the Alleged Father Denies Paternity

If a man denies being the father, the mother can file a paternity action and request court-ordered genetic testing. If testing confirms paternity, the court establishes the legal relationship regardless of the father’s denial.

The alleged father’s options are limited once DNA confirms biological paternity. He can challenge testing procedures or chain of custody, but the science itself is essentially irrefutable. Denial in the face of DNA evidence accomplishes nothing except potentially angering the judge.

When Multiple Men Might Be the Father

If the mother was involved with multiple men during the conception window, testing may need to exclude or include each possible father. Courts handle this through sequential testing or simultaneous testing of all alleged fathers.

When Someone Else Is Listed as the Father

Complications arise when someone other than the biological father is already established as the legal father — either through marriage or a previously signed Affidavit of Parentage.

The biological father seeking to establish his rights must first challenge the existing legal paternity. This involves complex proceedings, strict time limitations, and consideration of the child’s established relationships. Courts are reluctant to disrupt children’s existing legal family structures without compelling reasons.

When a Legal Father Discovers He’s Not the Biological Father

A man who signed an Affidavit of Parentage (or was presumed the father through marriage) may later discover — through DNA testing or other evidence — that he’s not the biological parent.

Options are limited:

• Within 60 days of signing an Affidavit: Revoke freely without court involvement
• After 60 days: Must file court action proving mistake, newly discovered evidence, or fraud
• After significant time: Courts may refuse to disturb established paternity if a parent-child relationship exists and disruption would harm the child

Michigan courts recognize that legal paternity isn’t only about biology — it’s about the child’s need for stability and established relationships. A man who has functioned as a child’s father for years may remain the legal father even if DNA proves someone else is the biological parent.

The Paternity Process: What to Expect

Whether you’re establishing paternity voluntarily or through litigation, understanding the process helps you navigate it effectively.

Voluntary Establishment (Affidavit of Parentage)

At the hospital: Both parents sign the Affidavit in front of a witness (usually a hospital staff member trained as a “paternity acknowledgment interviewer”). The hospital submits the Affidavit to the state, and the father’s name is added to the birth certificate.

After leaving the hospital: Parents can sign at the local DHHS office, county clerk’s office, or with an attorney. Both parents must be present with identification. The signed Affidavit is filed with the state.

Timeline: Immediate once signed and filed.

Cost: Free if done at the hospital or DHHS office.

Court Establishment (Paternity Action)

Filing: One party files a Complaint to Establish Paternity in circuit court. The complaint identifies the child, the mother, and the alleged father, and requests the court establish paternity.

Service: The alleged father must be formally served with the complaint.

Answer: The alleged father has 21-28 days to respond. He may admit paternity, deny it, or raise defenses.

Genetic testing: If paternity is disputed, either party can request court-ordered DNA testing. The court orders testing, results are submitted, and the court considers them as evidence.

Hearing/Trial: If the matter isn’t resolved by agreement, the court holds a hearing. Based on evidence (including any DNA testing), the court determines whether the alleged father is the legal father.

Order of Filiation: If paternity is established, the court enters an Order of Filiation — the legal document establishing the father-child relationship.

Related orders: The court typically addresses custody, parenting time, and child support simultaneously with paternity establishment, so families leave with a complete order addressing all issues.

Timeline: Contested paternity actions typically take 3-6 months, sometimes longer if complications arise.

Cost: Court filing fees (typically $175–$250) plus attorney fees. DNA testing costs $300–$500 if ordered. Attorney fees for straightforward paternity actions typically range from $4,000–$5,000+; contested cases with custody disputes cost more.

How BBA Law Handles Paternity Matters

Paternity cases require both legal precision and recognition of the profound personal stakes involved. At Boroja, Bernier & Associates, we don’t treat paternity establishment as routine paperwork. We treat it like what it is: the foundation of your legal relationship with your child.

We Clarify Your Options

Before taking action, we explain all available paths — voluntary acknowledgment, court establishment, potential challenges — and help you choose the approach that serves your goals. Sometimes the best outcome is a signed Affidavit that avoids court entirely. Sometimes litigation is necessary to establish or contest paternity.

We Move Efficiently

Paternity matters often involve urgency. A father needs standing to prevent a mother from relocating. A mother needs established paternity to secure support. A man presumed to be the father needs to challenge that presumption before time runs out. We move cases forward purposefully, without unnecessary delay. Effort is expected — results are required.

We Handle Related Issues Simultaneously

Establishing paternity alone doesn’t resolve custody, parenting time, or support — those require separate orders. We ensure that when you leave the courthouse, you have a complete set of orders addressing all relevant issues, not just a paternity determination you’ll need to supplement later.

We Approach Contested Cases Strategically

When paternity is disputed, we build cases methodically — proper genetic testing, clear evidence, thorough preparation. When someone wrongly established as a father seeks to challenge paternity, we navigate the complex requirements and strict time limitations that apply.

We Recognize the Human Stakes

Every paternity case involves a child whose interests matter most. We never lose sight of that — even when emotions between the adults run high. The goal is outcomes that serve children while protecting our clients’ legitimate rights and interests.

The Putative Father Registry: What Unmarried Fathers Need to Know

Michigan maintains a Putative Father Registry — a state database where unmarried men who believe they may be a child’s father can register to protect their parental rights. Registration matters most in adoption situations: if a child is placed for adoption, the court must notify registered putative fathers before the adoption can proceed.

If you’re an unmarried father and you haven’t established paternity through an Affidavit or court order, registering with the Putative Father Registry is an important protective step — particularly if there’s any possibility the mother might pursue an adoption without your knowledge or consent.

Registration doesn’t establish paternity. It establishes your right to notice — which is the first step toward protecting your relationship with your child.

Questions Michigan Parents Ask About Paternity

Don’t Wait for a Crisis to Establish Your Rights — Or Escape Obligations That Aren’t Yours

Paternity issues often surface during conflict — when relationships end, when support stops, when one parent wants to relocate. But the best time to establish paternity is before conflict arises, when both parents can proceed cooperatively. And if you’re wrongly presumed to be a father, the best time to act is immediately — before courts become reluctant to disrupt the child’s established relationships.

Consider consulting with a paternity attorney if:

• You’re an unmarried father who wants legal rights to your child
• You’re a mother who needs to establish paternity to obtain child support
• You signed an Affidavit of Parentage and now question whether you’re the biological father
• Someone is claiming you’re the father of a child you don’t believe is yours
• You’re married but believe your spouse’s child was fathered by someone else
• You’re the biological father but another man is listed as the legal father
• You need to establish paternity as part of custody or support proceedings
• Your family was formed through assisted reproduction or surrogacy and you need to establish legal parentage

At Boroja, Bernier & Associates, we help parents navigate paternity establishment efficiently — whether through voluntary acknowledgment or court proceedings — and ensure that related issues like custody, parenting time, and support are addressed comprehensively. We don’t leave loose ends. When you walk out of the courthouse, your legal rights are secured — not half-resolved.

Legal Fatherhood Creates Real Rights — And Real Responsibilities

Biological connection doesn’t equal legal parenthood. Until paternity is established under Michigan law, unmarried fathers have no enforceable rights to their children — and mothers have no enforceable right to support. And if you’re wrongly presumed to be a father, you could face 18 years of support obligations for a child who isn’t yours while the actual father pays nothing.

Establishing paternity — or challenging wrongful paternity — changes everything. It creates the legal foundation for custody, parenting time, and support. It protects fathers, mothers, and most importantly, children.

At Boroja, Bernier & Associates, we help families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan, Central Michigan, and Mid-Michigan establish, contest, and protect parental rights with the precision and urgency these matters demand. We understand the legal complexity and the human stakes — because both matter equally.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611.

Because biology isn’t enough. Legal recognition matters.

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Service Area Statement: Boroja, Bernier & Associates handles paternity matters throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing.