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Establish Parenthood

Establish Parenthood

Establishing Parenthood

It is important to establish parenthood (also called parentage) as it provides a legal relationship between the parents and a child which gives rights and benefits to both parents and children.

Parents who were married at the time of conception, time of birth, or anytime in between do not need an Affidavit of Parentage or court order to establish parentage or parenthood.  Michigan law presumes the spouse is the legal parent (MCL 333.2824).

If parents are unmarried, and the man is be considered the natural father of the child, a voluntary Affidavit of Parentage (AOP) signed by both parents,  or court documentation, is required to establish legal parentage. You can find a copy of the AOP here.

If assisted reproduction, not involving surrogacy, was used to conceive the child,  then unmarried or married parents may complete an AOP. 

    • Married parents: AOP is optional, the law presumes both spouses are legal parents, but you may file an AOP for added clarity.
    • Unmarried parents: An AOP is required to establish parentage unless valid court documentation is provided at the time of birth filing.

If you have questions, you may contact Vital Records Registration at 517-335-6506 or the Office of Child Support at 866-540-0008.

Stillbirths

A stillbirth or fetal death, is the death of a fetus before or during delivery.  If this happened to you, we are deeply sorry for your loss and appreciate your assistance with the following:  Michigan law requires that stillbirths at 20 or more weeks of gestation or weighing 400 grams or more be registered.  A stillbirth not attended by a medical professional must be reported to the medical examiner in the county where the delivery occurred.  Parents should complete the Parent Information Worksheet for Stillbirth form. 

Please call the Registration unit at 517-335-6506 or email MDHHS-VR-Registration@michigan.gov for a blank copy of the form.  

  • What is an Affidavit of Parentage (AOP)?

    An Acknowledgment of Parentage (AOP) is a voluntary form that, once properly signed, witnessed, and filed with the State Registrar, becomes a fully effective legal document. A filed acknowledgment is the equivalent of a court order establishing parentage. [MCL 722.1003.]

  • When to Complete and File an AOP

    You can complete an Affidavit of Parentage at the hospital when your child is born.  If the AOP is completed at the hospital, the hospital will guide the parents through the process and forward the AOP to the State of Michigan Vital Records Division. The hospital will add both parents to the birth record.   After the AOP is received by the State and is determined to be eligible for filing, the AOP will be placed on file in the State of Michigan’s Central Parentage Registry.

    If the AOP was not completed at the hospital when your child was born, both parents may voluntarily establish parentage by completing an AOP or obtain a court order through their local family court. Please note that if one of the parents is not available, deceased,  or is unwilling to sign the AOP, a court order will need to be obtained through your local family court.

    Steps to Complete:

    1. Obtain the official Affidavit of Parentage form (DCH 0682).
    2. Confirm eligibility: Unmarried parents when the man will be considered the natural father of the child or married or unmarried individuals who used Assisted Reproduction, not involving surrogacy, may use the AOP to establish parentage.  Please see MCL-Act-24-of-2024 , Assisted Reproduction and Surrogacy Parentage Act for more information.  
    3. Both parents present valid ID and sign in front of qualified witnesses or notaries.  Parents may sign the AOP at different times and in different places, but both parents must sign in ink. The original with ink signatures shall be forwarded to the State Vital Records office.
      • A qualified witness is an employee of a hospital, publicly funded or licensed health clinic, pediatric office, Friend of the Court office, Prosecuting Attorney office, court, Michigan Department of Health and Human Services, county health agency, county records department, Head Start program, local social services provider, county jail, or state prison.
    4. Follow instructions for mailing the AOP, which can be found on page 2 of the AOP form.

    To find more information on establishing parentage you can visit MDHHS Office of Child Support’s website: Establish Parentage.

  • Spousal Presumption in the State of Michigan

     According to Michigan law, if the parent giving birth is married at the time the child is conceived, the spouse at the time of conception, or if none, at the time of birth, is listed as the father or second parent on the birth record. MCL 333.2824 (1) states that if the birth parent is married their spouse at the time of conception or birth shall be recorded as the parent on her child’s birth record.

    When completing the birth record, and the birth parent refuses to provide the spouse’s information, the hospital will send an incomplete birth record to the State of Michigan, Division for Vital Records and Health Statistics. The birth record will not be completed and registered until the birth parent either provides sufficient court documentation revoking their spouse’s rights or elects to add the spouse to the record.