6.11Paternity and the Adoption Code

A.Putative Father

Putative father is not expressly defined in the Adoption Code but the term is used in several statutory provisions of the Adoption Code to identify a man who may file a notice of his intent to claim paternity in proceedings involving adoption and the child he is believed to have fathered. See MCL 710.33, MCL 710.34, MCL 710.36, MCL 710.37, MCL 710.39. Black’s Law Dictionary (11th ed), defines putative father as “[t]he alleged biological father of a child born out of wedlock.” Although not expressly defined in the Adoption Code, a putative father is recognized as an interested party entitled to notice of “a petition for a hearing to identify the father of an adoptee and to determine or terminate his rights . . . .” MCL 710.24a(2)(b).

A man may not be identified as a child’s putative father and a respondent in child protective proceedings unless it has been determined that the child has no legal father as defined in MCR 3.903A)(7). In re KH, 469 Mich 621, 630 (2004).

B.Child Born Out of Wedlock

The Adoption Code defines a child born out of wedlock as “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.” MCL 710.22(h).

C.Notice of Intent to Claim Paternity

Before the birth of a child born out of wedlock, the Adoption Code provides that a man claiming to be the child’s father may file a verified notice of intent to claim paternity¹ with the court in any county within Michigan. MCL 710.33(1). The notice must be made under oath and contain the putative father’s address. Id.

A man filing a notice of intent to claim paternity is presumed to be the child’s father for purposes of the Adoption Code, unless the child’s mother denies that the man is the child’s father. MCL 710.33(2). A notice of intent to claim paternity creates a rebuttable presumption that the man who files the intent is the child’s father for purposes of the Paternity Act and for purposes of child protective proceedings. Id. 

“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.” MCL 710.33(3).

On the next business day following receipt of the notice, the court must forward the notice of intent to claim paternity to the vital records division of the Michigan Department of Community Health (MDCH). MCL 710.33(1). Once the vital records division receives the notice, it must send a copy of the notice by first-class mail to the child’s mother (if her address is indicated on the notice). Id.

D.Termination of Putative Father’s Parental Rights to an Adoptee

The Adoption Code provides a detailed procedure for managing the adoption process of an adoptee who was born out of wedlock and whose putative father’s identity is unknown or whose putative father’s identity is known but whose whereabouts are unknown. See MCL 710.36.

The Adoption Code also describes the procedure for terminating a putative father’s parental rights under certain circumstances following notice to the putative father or following the putative father’s disclaimer of paternity or affirmation of paternity and denial of interest in custody of the child. See MCL 710.37.

The process required to determine whether a putative father’s parental rights should be terminated when the putative father requests custody of the child or has established a custodial relationship with the child or has provided the child’s mother or the child with substantial and regular support is set forth in MCL 710.39.²