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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Change of Birth Certificate

    My question involves paternity law for the State of: Michigan

    My question is the girl I was with over a year and a half ago had gotten pregnant while we were together, only 2 months. When she found out she was pregnant she told me the child couldn't be mine and ran off to her ex's that I knew nothing about. Well 2 months ago she gets a hold of me and tells me that the child is really mine and she's moving back to the area. The other guy has signed the Birth certificate and the affidavit stating that he waives his right to a DNA test. He had one done anyway and it said the child isn't his. Now the girl is trying to come after me for child support and wants me to sign on the BC.

    The question here is, even though the other guy signed everything, can his name still be taken off the Birth Certificate if I don't fight for custody? And will the judge overturn this name on the BC? From my understanding the judge wouldn't do that because he claimed that he was the father and waived his right to the test. And yes, the other guy knew about me and the girl as well.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Change of Birth Certificate

    In Michigan, revocation of an acknowledgment of paternity requires a court action. It's difficult to get the acknowledgment set aside - even if a judge finds "fraud, coercion, duress or misrepresentation or that there is newly discovered evidence showing he or she is not the parent" the judge can find that its not in the best interest to set aside an acknowledgment. However, if the acknowledgment is set aside, the mother would be free to file a paternity action against the actual biological father.
    Quote Quoting MCL 722.1011 Acknowledgment of parentage; claim for revocation.
    (1) The mother or the man who signed the acknowledgment, the child who is the subject of the acknowledgment, or a prosecuting attorney may file a claim for revocation of an acknowledgment of parentage. If filed as an original action, the claim shall be filed in the circuit court of the county where either the mother or man resides. If neither of those parties lives in this state, the claim shall be filed in the county where the child resides. A claim for revocation may be filed as a motion in an existing action for child support, custody, or parenting time in the county where the action is and all provisions in this act apply as if it were an original action.

    (2) A claim for revocation shall be supported by an affidavit signed by the claimant setting forth facts that constitute 1 of the following:
    (a) Mistake of fact.

    (b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.

    (c) Fraud.

    (d) Misrepresentation or misconduct.

    (e) Duress in signing the acknowledgment.
    (3) If the court finds that the affidavit is sufficient, the court may order blood or genetic tests at the expense of the claimant, or may take other action the court considers appropriate. The party filing the claim for revocation has the burden of proving, by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgment is proper.

    (4) A copy of the order of revocation shall be forwarded by the clerk of the court to the state registrar. The state registrar shall vacate the acknowledgment and may amend the birth certificate as prescribed by the order of revocation.

    (5) Whether the claim for revocation under this act arises as an original action or as a motion in another action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent either party regarding the claim for revocation.

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