Michigan Laws 710.33 – Notice of intent to claim paternity
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(1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may file a verified notice of intent to claim paternity with the court in any county of this state. The form of the notice shall be prescribed by the director of the department of public health and provided to the court. The notice shall include the claimant’s address. On the next business day after receipt of the notice the court shall transmit the notice to the vital records division of the department of public health. If the mother’s address is stated on the notice, the vital records division shall send a copy of the notice by first-class mail to the mother of the child at the stated address.
(2) A person filing a notice of intent to claim paternity shall be presumed to be the father of the child for purposes of this chapter unless the mother denies that the claimant is the father. Such a notice is admissible in a paternity proceeding under Act No. 205 of the Public Acts of 1956, as amended, being section 722.711 to 722.730 of the Michigan Compiled Laws, and shall create a rebuttable presumption as to the paternity of that child for purposes of that act. Such a notice shall create a rebuttable presumption as to paternity of the child for purposes of dependency or neglect proceedings under chapter 12a.
Terms Used In Michigan Laws 710.33
- Born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
- Child: means an individual less than 18 years of age. See Michigan Laws 710.22
- Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
- Department: means the department of health and human services. See Michigan Laws 710.22
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) A person who timely files a notice of intent to claim paternity shall be entitled to notice of any hearing involving that child to determine the identity of the father of the child and any hearing to determine or terminate his paternal rights to the child.