Mich. Comp. Laws » Michigan Compiled Laws / Chapter 552 / R.S. of 1846
Michigan Compiled Laws

Mich. Comp. Laws § 552.29 (2026)

Presumption of legitimacy.

✓ current as of July 2026
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Revised Statutes of 1846


R.S. of 1846


552.29 Presumption of legitimacy.

Sec. 29.

    The legitimacy of all children begotten before the commencement of any action under this act shall be presumed until the contrary be shown.

History: R.S. 1846, Ch. 84 ;-- CL 1857, 3250 ;-- CL 1871, 4761 ;-- How. 6249 ;-- CL 1897, 8642 ;-- CL 1915, 11418 ;-- CL 1929, 12749 ;-- CL 1948, 552.29 ;-- Am. 1971, Act 75, Eff. Jan. 1, 1972

PopularName Notes:

No-Fault Divorce
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1974–2023 · leading case: In Re Kh, 677 N.W.2d 800 (Mich. 2004).
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In Re Kh, 677 N.W.2d 800 (Mich. 2004). · cites it 2× “2114(1)(a) ("If a child is born or conceived during a marriage, both spouses are presumed to be the natural parents of the child for the purposes of intestate succession.”
People v. Zajaczkowski, 825 N.W.2d 554 (Mich. 2012). “To reach its conclusion that defendant and the victim are related by blood to the fourth degree, the Court of Appeals relied on MCL 552.29, which states that with regard to divorce actions, “[t]he legitimacy of all children begotten before the commencement of any action under…”
People v. Zajaczkowski, 810 N.W.2d 627 (Mich. Ct. App. 2011). · cites it 2× “The 1979 judgment of divorce determined that defendant was the issue of the marriage between the victim’s father and defendant’s mother. Even if the judgment had not made such a determination, because defendant was conceived and born during the marriage, he is presumed to be the…”
Shepherd v. Shepherd, 265 N.W.2d 374 (Mich. Ct. App. 1978). “The issue raised is one of first impression in this state.”
In Re Cook Est., 400 N.W.2d 695 (Mich. Ct. App. 1986). “Was the evidence sufficiently clear and convincing to overcome the presumption of legitimacy? MCL 552.29; MSA 25.107. Serafin v Serafin, 401 Mich 629 ; 258 NW2d 461 (1977).”
Hinterman v. Stine, 222 N.W.2d 213 (Mich. Ct. App. 1974). · cites it 2× “The divorce act was amended after plaintiff’s divorce but before commencement of this action, so that § 29, MCLA 552.29; MSA 25.107, provides: "The legitimacy of all children begotten before the commencement of any action under this act shall be presumed until the contrary be…”
Werden v. Cook, 155 Mich. App. 604 (Mich. Ct. App. 1986). “Was the evidence sufficiently clear and convincing to overcome the presumption of legitimacy? MCL 552.29; MSA 25.107. Serafin v Serafin, 401 Mich 629 ; 258 NW2d 461 (1977).”
People of Michigan v. John Antonya Moss (Mich. Ct. App. 2020). · cites it 2× “In our review of the case, we concluded that MCL 552.29’s presumption of legitimacy to all children born to a marriage controlled and noted that the defendant did not have standing to rebut that presumption.”
People of Michigan v. John Antonya Moss (Mich. 2022). “As a result, we concluded that the 10 Specifically, the Court of Appeals had relied on MCL 552.29 (stating with respect to divorce cases that “the legitimacy of all children begotten before the commencement of any action under this act shall be presumed until the contrary be…”
People of Michigan v. John Antonya Moss (Mich. 2022). “As a result, we concluded that the 10 Specifically, the Court of Appeals had relied on MCL 552.29 (stating with respect to divorce cases that “the legitimacy of all children begotten before the commencement of any action under this act shall be presumed until the contrary be…”
People of Michigan v. John Antonya Moss (Mich. 2022). “As a result, we concluded that the 10 Specifically, the Court of Appeals had relied on MCL 552.29 (stating with respect to divorce cases that “the legitimacy of all children begotten before the commencement of any action under this act shall be presumed until the contrary be…”
Carrie Pueblo v. Rachel Haas (Mich. 2023). “is presumed to be the child’s father by virtue of his marriage to the child’s mother at the time of the child’s conception or birth”); MCL 333.2824 (stating that “the name of the husband at the time of conception or, if none, the husband at birth shall be registered as the…”
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