Evolving Parentage Law in Michigan: From Birth Rights to the 2025 Surrogacy Act

Welcoming a child into your life is a profound event, but biological connection or marriage alone may not be enough to secure your legal rights as a parent under Michigan law. Understanding the specific paths to establishing legal parentage is crucial to ensuring you can make medical decisions, enroll your child in school, petition for custody, and secure your long-term relationship with your child.

This guide outlines the key ways to become a legal parent in Michigan.

AUTOMATIC PARENTAGE: BIRTH AND MARRIAGE

In Michigan, the law automatically recognizes two scenarios for legal parentage:

1. The Person Who Gave Birth: The individual who carries and gives birth to a child is automatically recognized as a legal parent.

2. The Marital Presumption: If you are married to the person who gave birth at the time of the child’s conception or birth, you are presumed to be the child’s second legal parent.

   
   

If you do not fit into one of these categories, for instance, if you are an unmarried father, a same-sex partner, or an intended parent through assisted reproduction, you must take formal legal steps to secure your parental rights.

TWO PRIMARY PATHS TO ESTABLISH PARENTAGE

For those not automatically recognized, Michigan law provides two clear avenues to establish legal parentage.

1. Affidavit of Parentage (AOP): This is a voluntary form that both parents can sign to acknowledge paternity. It must be signed voluntarily and notarized.

   
   

   • How it works: You can complete an AOP at the hospital after the child's birth or later through the Michigan Department of Health and Human Services (MDHHS) or a county registrar's office.

     
     

   • Why it matters: Once filed with the Michigan Department of Health and Human Services, it adds your name to the child’s birth certificate and grants you the legal rights and responsibilities of a parent. It is a straightforward administrative process, but it requires both parties to agree. Michigan Courts - Affidavit of Parentage Pamphlet

     
     

2. Court-Ordered Parentage (Filial Judgment): If there is a disagreement about parentage, if one parent is uncooperative, or if the situation is complex, you can petition a court to establish parentage.

   
   

   • The court will review evidence, which can include testimony, documentation, and often DNA testing. The result is a formal court order that legally declares you the parent.

     
     

   • A court order is a powerful and conclusive judgment that is recognized across state lines. This is the necessary path when an AOP is not an option. Michigan Legislature - Paternity Act (MCL 722.711 et seq.)

     
     

MODERN FAMILIES: ASSISTED REPRODUCTION AND SURROGACY

Families formed through IVF, sperm/egg donation, and surrogacy have historically faced significant legal hurdles in Michigan. However, a new law is set to simplify this process dramatically.

1. The New Law: The Assisted Reproduction and Surrogacy Parentage Act came in effect in April 2025. This modernized law allows intended parents, whether married or unmarried, to use an AOP or seek a parentage judgment from a court without having to undergo a full adoption proceeding, even if they are not genetically related to the child.

   
   

2. Why This is a Major Change: Previously, many intended parents, including some who were genetically related to their children, were forced to go through the costly and lengthy process of adoption to be recognized as legal parents. This new law provides a much clearer and more secure path to parentage for all involved.

THE ROLE OF ADOPTION

Despite the new options, adoption remains a vital and sometimes necessary tool for establishing legal parenthood. It is the primary path for stepparents, domestic partners who do not qualify as "intended parents" under the new act, or individuals seeking to parent a child who is not biologically related to them. Adoption provides a full and permanent legal parent-child relationship with all the accompanying rights and responsibilities.

IT'S NEVER TOO LATE: ESTABLISHING PARENTAGE FOR ADULTS

A little-known fact in Michigan is that there is no age limit for establishing parentage. You can file an AOP or seek a court order to establish paternity even after the child has turned 18. This can be important for reasons of inheritance, emotional closure, or establishing a family medical history.

KEY TAKEAWAYS AND ACTION STEPS

Legal parentage is the foundation of your rights and responsibilities. Without it, you may be shut out of critical decisions in your child’s life.

What you should do:

1. Identify Your Situation: Are you an unmarried biological father? A same-sex spouse? An intended parent through surrogacy? Your specific scenario determines the best path.

   
   

2. Prioritize the AOP: If both parents agree, signing and filing an Affidavit of Parentage is the simplest and fastest method. Consider doing this even if your parentage seems obvious, as it creates an indisputable legal record.

   
   

3. Seek a Court Order for Disputes: If there is any disagreement or complexity, petitioning the court for a parentage judgment is the recommended course of action.