How to Establish Paternity in Michigan
Reviewed by DocDraft Legal Team · Michigan · Last updated 2026-09-12
In Michigan, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and parenting time, health coverage, inheritance, and benefits. Unmarried parents who agree can sign an Affidavit of Parentage through the Michigan Department of Health and Human Services, establishing legal parentage without court. When parents do not agree, a paternity action is filed under the Paternity Act, which may be brought at any time before the child reaches 18 years of age (MCL 722.714). Genetic testing is decisive in Michigan: when the probability of paternity is 99 percent or higher and the results are admissible, paternity is established (MCL 722.716). A child born or conceived during a marriage is presumed to be the husband's child, and that presumption is challenged under the Revocation of Paternity Act. A revocation action generally must be filed within 3 years of the child's birth or within 1 year after an acknowledgment of parentage was signed, whichever is later, and requires clear and convincing evidence (MCL 722.1437). Under federal law, either parent may rescind a signed acknowledgment within 60 days. Attorney review of your situation is available through DocDraft.
Find out where you stand in Michigan
Where are you in establishing paternity?
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What are the ways to establish paternity in Michigan?
There are two routes. Unmarried parents who agree can sign an Affidavit of Parentage through the Michigan Department of Health and Human Services, establishing legal parentage without court. If parents disagree, a paternity action is filed under the Paternity Act and the court can order genetic testing (MCL 722.714).
How long do I have to establish paternity in Michigan?
Under the Paternity Act, an action to establish paternity may be brought at any time before the child reaches 18 years of age (MCL 722.714). It can be filed by the mother, the alleged father, or the Department of Health and Human Services, so the practical deadline is the child's eighteenth birthday.
What genetic-testing result establishes paternity in Michigan?
Under MCL 722.716, when blood or tissue typing or DNA profiling shows a probability of paternity of 99 percent or higher and the report is admissible, paternity is established. This is one of the stronger genetic-testing rules among the states, treating a 99 percent result as establishing rather than merely presuming paternity.
Is a married mother's husband automatically the father in Michigan?
A child born or conceived during a marriage is presumed the husband's child. Under the Revocation of Paternity Act, a revocation action generally must be filed within 3 years of the child's birth or within 1 year after an acknowledgment was signed, whichever is later, on clear and convincing evidence (MCL 722.1437).
Michigan paternity law at a glance
Michigan splits paternity across several statutes. Unmarried parents who agree can establish legal parentage without court by signing an Affidavit of Parentage through the Department of Health and Human Services. When parents disagree, a paternity action is filed under the Paternity Act and may be brought at any time before the child reaches 18 years of age (MCL 722.714). Genetic testing carries unusual weight in Michigan: a probability of paternity of 99 percent or higher, with an admissible report, establishes paternity rather than creating only a presumption (MCL 722.716). The marital presumption that a child born during a marriage is the husband's child is challenged under a separate law, the Revocation of Paternity Act. A revocation action generally must be filed within 3 years of the child's birth or within 1 year after an acknowledgment of parentage was signed, whichever is later, and requires clear and convincing evidence (MCL 722.1437).
Establishing Michigan paternity for a child born to unmarried parents
Suppose a child is born in Michigan to unmarried parents who agree on the father. At the hospital both sign an Affidavit of Parentage through the Department of Health and Human Services, establishing legal parentage without court. Weeks later one parent has second thoughts and can still rescind within 60 days of signing under the federal rule that applies in Michigan; after that, only the Revocation of Paternity Act applies, generally within 3 years of birth or 1 year of signing, whichever is later, on clear and convincing evidence (MCL 722.1437). Had the parents disputed parentage instead, either could file a paternity action, which may be brought at any time before the child turns 18 (MCL 722.714), and the court could order genetic testing where a 99 percent probability with an admissible report establishes paternity (MCL 722.716). Attorney review is available through DocDraft.
Relevant Laws
MCL 722.714 (Paternity Act, time to bring an action)
Provides that an action to determine paternity under the Paternity Act may be brought by the mother, the alleged father, or the Department of Health and Human Services at any time before the child reaches 18 years of age.
MCL 722.716 (Paternity Act, genetic testing and 99 percent threshold)
Provides that when the probability of paternity determined by blood or tissue typing or DNA identification profiling is 99 percent or higher, and the report is admissible, paternity is established.
MCL 722.1437 (Revocation of Paternity Act, action to revoke an acknowledgment)
Provides that an action to revoke an acknowledgment of parentage generally must be filed within 3 years of the child's birth or within 1 year after the acknowledgment was signed, whichever is later, and that the person seeking revocation must prove by clear and convincing evidence that the acknowledged parent is not the father.
42 U.S.C. 666(a)(5) and 45 CFR 303.5 (federal voluntary acknowledgment and 60-day rescission)
Federal law requires every state child-support program to offer a voluntary acknowledgment of parentage, lets either signer rescind within 60 days, and provides that after 60 days it may be challenged only on the basis of fraud, duress, or material mistake of fact. This rule is uniform nationwide and applies in Michigan.
Michigan Department of Health and Human Services, Office of Child Support
The Department of Health and Human Services administers Michigan's Affidavit of Parentage and explains how unmarried parents voluntarily establish legal parentage and how a case to establish parentage and support is opened.
Regional Variances
Michigan paternity rules at a glance
Voluntary path and form
Unmarried parents establish legal parentage by signing the Affidavit of Parentage through the Department of Health and Human Services, usually at the hospital or later through the agency.
Rescission and revocation windows
Under the federal rule, either parent may rescind within 60 days of signing; after that, revocation runs under the Revocation of Paternity Act, generally within 3 years of birth or 1 year of signing, whichever is later, on clear and convincing evidence (MCL 722.1437).
Deadline to establish
Under the Paternity Act, an action to establish paternity may be brought at any time before the child reaches 18 years of age (MCL 722.714).
Marital presumption
A child born or conceived during a marriage is presumed the husband's child; that presumption is challenged only under the Revocation of Paternity Act (MCL 722.1437).
Genetic-testing threshold
A probability of paternity of 99 percent or higher with an admissible report establishes paternity in Michigan, not merely a rebuttable presumption (MCL 722.716).
Who administers it
The Michigan Department of Health and Human Services administers the Affidavit of Parentage and helps open cases; disputed parentage is decided by the circuit court, which may order genetic testing.
Suggested Compliance Checklist
Confirm whether the child was born during a marriage
Before signing or filing anything days after startingDetermine whether the child was born or conceived during a marriage, which triggers Michigan's presumption that the husband is the father, challengeable only under the Revocation of Paternity Act with its deadlines and clear and convincing standard (MCL 722.1437).
Get genetic testing if biological parentage is uncertain
Before signing an affidavit days after startingBecause a signed affidavit has lasting effect and starts a revocation clock, obtain genetic testing first if there is any doubt. Under MCL 722.716, a probability of paternity of 99 percent or higher with an admissible report establishes paternity.
Sign and file the Affidavit of Parentage
At the hospital or a local office days after startingUnmarried parents who agree sign the Affidavit of Parentage through the Department of Health and Human Services, establishing legal parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day and revocation windows
Within 60 days of signing days after startingTo cancel a signed acknowledgment, rescind within 60 days under the federal rule; after that, revocation runs under the Revocation of Paternity Act, generally within 3 years of birth or 1 year of signing, whichever is later (MCL 722.1437).
File a paternity action before the deadline if parents disagree
Before the child's eighteenth birthday days after startingIf parents do not agree, file a paternity action under the Paternity Act, which may be brought at any time before the child reaches 18 years of age (MCL 722.714). The court can order genetic testing and enter an order of filiation.
Keep records of the affidavit, testing, and orders
Ongoing days after startingSave copies of the signed affidavit, genetic-test results, and court papers, and calendar the child's eighteenth birthday, the federal 60-day window, and the Revocation of Paternity Act limits (MCL 722.1437) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the child was born during a marriage | Determine whether the child was born or conceived during a marriage, which triggers Michigan's presumption that the husband is the father, challengeable only under the Revocation of Paternity Act with its deadlines and clear and convincing standard (MCL 722.1437). | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a signed affidavit has lasting effect and starts a revocation clock, obtain genetic testing first if there is any doubt. Under MCL 722.716, a probability of paternity of 99 percent or higher with an admissible report establishes paternity. | - | Before signing an affidavit |
| Sign and file the Affidavit of Parentage | Unmarried parents who agree sign the Affidavit of Parentage through the Department of Health and Human Services, establishing legal parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the 60-day and revocation windows | To cancel a signed acknowledgment, rescind within 60 days under the federal rule; after that, revocation runs under the Revocation of Paternity Act, generally within 3 years of birth or 1 year of signing, whichever is later (MCL 722.1437). | - | Within 60 days of signing |
| File a paternity action before the deadline if parents disagree | If parents do not agree, file a paternity action under the Paternity Act, which may be brought at any time before the child reaches 18 years of age (MCL 722.714). The court can order genetic testing and enter an order of filiation. | - | Before the child's eighteenth birthday |
| Keep records of the affidavit, testing, and orders | Save copies of the signed affidavit, genetic-test results, and court papers, and calendar the child's eighteenth birthday, the federal 60-day window, and the Revocation of Paternity Act limits (MCL 722.1437) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Michigan means legally identifying a child's father so the child can receive support, custody and parenting time, health coverage, inheritance, and benefits. It can be done by signing an Affidavit of Parentage or through a paternity action under the Paternity Act (MCL 722.714).
Unmarried parents who agree can sign an Affidavit of Parentage through the Michigan Department of Health and Human Services, establishing legal parentage without court. If parents disagree, a paternity action is filed under the Paternity Act and the court can order genetic testing before deciding (MCL 722.714).
It is a form unmarried parents sign to establish a legal father-child relationship without going to court, administered through the Department of Health and Human Services. Once signed and filed it makes the father a legal parent and starts the clock on the Revocation of Paternity Act if it is later challenged.
Yes. Under the Paternity Act, an action to establish paternity may be brought at any time before the child reaches 18 years of age (MCL 722.714). Challenges to an existing acknowledgment or a marital presumption run on the shorter Revocation of Paternity Act deadlines (MCL 722.1437).
Yes, within limited windows. Under the federal rule that applies in Michigan, either parent may rescind within 60 days of signing. After that, revocation runs under the Revocation of Paternity Act, generally within 3 years of birth or 1 year of signing, whichever is later, on clear and convincing evidence (MCL 722.1437).
Under MCL 722.716, when blood or tissue typing or DNA profiling shows a probability of paternity of 99 percent or higher and the report is admissible, paternity is established. Michigan treats a 99 percent result as establishing paternity, not merely creating a rebuttable presumption.
A child born or conceived during a marriage is presumed the husband's child. The presumption is challenged only under the Revocation of Paternity Act, generally within 3 years of the child's birth or 1 year after an acknowledgment was signed, whichever is later, on clear and convincing evidence (MCL 722.1437).
The Michigan Department of Health and Human Services administers the Affidavit of Parentage and can help open a case to establish parentage and support. When parentage is disputed, the circuit court decides it under the Paternity Act and can order genetic testing (MCL 722.714, 722.716).
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