PUBLIC HEALTH CODE
Act 368 of 1978
333.2824 Registering name of spouse as parent of child; registering surname of child; consent; acknowledgment of parentage; designating surname of child; entering name of other parent and surname of child on birth certificate; other parent not named on birth registration; reference to legitimacy or illegitimacy prohibited.
Sec. 2824.
(1) Except as otherwise provided by law, the name of the spouse at the time of conception or, if none, the spouse at birth must be registered as the other parent of the child. The surname of the child must be registered as designated by the child's parents.
(2) Except as otherwise provided by law, if the child's mother was not married at the time of conception or birth, the name of the other parent must not be entered on the certificate of birth without the written consent of the mother and without the completion, and filing with the state registrar, of an acknowledgment of parentage by the mother and the individual to be named as the other parent. The acknowledgment of parentage must be completed in the manner provided in the acknowledgment of parentage act. For a certificate of birth completed under this subsection and on the written request of both parents, the surname of the child must be designated by the child's parents.
(3) If the name of the child's other parent cannot be shown under subsection (1) or (2), the child must be given the surname designated by the mother.
(4) If the parentage of a child is determined by a court of competent jurisdiction, the name of a parent must be entered on the certificate of birth as found and ordered by the court. The surname of the child must be entered on the certificate of birth as designated by the child's mother.
(5) If the child's other parent is not named on the birth registration, no other information about the other parent may be entered on the registration.
(6) After May 30, 1979, a birth certificate must not contain a reference to the legitimacy or illegitimacy of a child.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1979, Act 23, Imd. Eff. May 30, 1979 ;-- Am. 1993, Act 115, Imd. Eff. July 20, 1993 ;-- Am. 1996, Act 307, Eff. June 1, 1997 ;-- Am. 2024, Act 25, Eff. Apr. 2, 2025
PopularName Notes:
Act 368
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 1983–2026 · leading case:
In Re Kh, 677 N.W.2d 800 (Mich. 2004).
In Re Kh, 677 N.W.2d 800 (Mich. 2004).
· cites it 4× “See also the vital records act, MCL 333.2824(1) ("The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child" on the birth certificate.”
Girard v. Wagenmaker, 470 N.W.2d 372 (Mich. 1991).
· cites it 4× “Finally, because a certificate of nonconsent was filed in Syrkowski , the out-of-wedlock issue, while not articulated in our opinion in that case, may well have been determined on the peculiar circumstances of the interaction of the Paternity Act and MCL 333.2824(6); MSA…”
Aichele v. Hodge, 673 N.W.2d 452 (Mich. Ct. App. 2004).
· cites it 2× “MCL 333.2824(1) provides: "The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child.”
Syrkowski v. Appleyard, 362 N.W.2d 211 (Mich. 1985).
· cites it 2× “” MCL 333.2824(4); MSA 14.15(2824X4). The defendant answered the complaint by admitting all the plaintiffs allegations and joining his request for relief.”
Rappleye v. Rappleye, 454 N.W.2d 231 (Mich. Ct. App. 1990).
· cites it 2× “We are not dealing with an order of the court that requires a minor to go by a surname other than that given on her birth certificate pursuant to MCL 333.2824; MSA 14.15(2824). In fact, we are not even facing a legal name change at all.”
Garling v. Spiering, 512 N.W.2d 12 (Mich. Ct. App. 1993).
· cites it 2× “Relying on the statutory language contained in MCL 333.2824; MSA 14.15(2824), the circuit court ruled in favor of defendant, stating that the surname of the child should be the surname that was being used by the parties during the marriage when the child was conceived and born.”
Syrkowski v. Appleyard, 333 N.W.2d 90 (Mich. Ct. App. 1983).
· cites it 4× “The Attorney General argued that, under the above facts and pursuant to two statutes, MCL 333.2824(6); MSA 14.15(2824)(6), and MCL 700.”
Carrie Pueblo v. Rachel Haas (Mich. 2023).
· cites it 6× “1433(e); MCL 333.2824. Further, unmarried same-sex couples were not permitted to adopt through second-parent adoption.”
Jeremy Phillip Jones v. Sharon Denise Jones (Mich. Ct. App. 2017).
“, MCL 333.2824(6); MCL 700.2114(1)(a). Thus, as a starting point, plaintiff is the presumed father by virtue of his marriage to defendant at the time AJ was conceived and born, and the RPA is indeed the statute that applies to determine paternity.”
Kyresha Lefever v. Lanesha Matthews (Mich. Ct. App. 2021).
“Excluding a married birth mother who achieved parenthood through assisted reproductive technology from consideration as a “natural parent” poses serious equal protection problems.”
In Re a K Dixon Minor (Mich. Ct. App. 2023).
“MCL 333.2824(2). Mother named the child after father, and before the preliminary hearing on June 16, the DHHS identified father as the putative father.”
— Mich. Comp. Laws § 333.2824(1) — 4 cases
In Re Kh, 677 N.W.2d 800 (Mich. 2004).
“See also the vital records act, MCL 333.2824(1) ("The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child" on the birth certificate.”
Aichele v. Hodge, 673 N.W.2d 452 (Mich. Ct. App. 2004).
“MCL 333.2824(1) provides: "The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child.”
Garling v. Spiering, 512 N.W.2d 12 (Mich. Ct. App. 1993).
“Relying on the statutory language contained in MCL 333.2824; MSA 14.15(2824), the circuit court ruled in favor of defendant, stating that the surname of the child should be the surname that was being used by the parties during the marriage when the child was conceived and born.”
— Mich. Comp. Laws § 333.2824(2) — 2 cases
In Re a K Dixon Minor (Mich. Ct. App. 2023).
“MCL 333.2824(2). Mother named the child after father, and before the preliminary hearing on June 16, the DHHS identified father as the putative father.”
— Mich. Comp. Laws § 333.2824(4) — 1 case
Syrkowski v. Appleyard, 362 N.W.2d 211 (Mich. 1985).
“” MCL 333.2824(4); MSA 14.15(2824X4). The defendant answered the complaint by admitting all the plaintiffs allegations and joining his request for relief.”
— Mich. Comp. Laws § 333.2824(6) — 7 cases
Girard v. Wagenmaker, 470 N.W.2d 372 (Mich. 1991).
“Finally, because a certificate of nonconsent was filed in Syrkowski , the out-of-wedlock issue, while not articulated in our opinion in that case, may well have been determined on the peculiar circumstances of the interaction of the Paternity Act and MCL 333.2824(6); MSA…”
In Re Kh, 677 N.W.2d 800 (Mich. 2004).
“See also the vital records act, MCL 333.2824(1) ("The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child" on the birth certificate.”
Syrkowski v. Appleyard, 362 N.W.2d 211 (Mich. 1985).
“” MCL 333.2824(4); MSA 14.15(2824X4). The defendant answered the complaint by admitting all the plaintiffs allegations and joining his request for relief.”
Syrkowski v. Appleyard, 333 N.W.2d 90 (Mich. Ct. App. 1983).
“The Attorney General argued that, under the above facts and pursuant to two statutes, MCL 333.2824(6); MSA 14.15(2824)(6), and MCL 700.”
Carrie Pueblo v. Rachel Haas (Mich. 2023).
“1433(e); MCL 333.2824. Further, unmarried same-sex couples were not permitted to adopt through second-parent adoption.”
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