PROBATE CODE OF 1939
Act 288 of 1939
710.33 Notice of intent to claim paternity.
Sec. 33.
(1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may file a verified notice of intent to claim paternity with the court in any county of this state. The form of the notice shall be prescribed by the director of the department of public health and provided to the court. The notice shall include the claimant's address. On the next business day after receipt of the notice the court shall transmit the notice to the vital records division of the department of public health. If the mother's address is stated on the notice, the vital records division shall send a copy of the notice by first-class mail to the mother of the child at the stated address.
(2) A person filing a notice of intent to claim paternity shall be presumed to be the father of the child for purposes of this chapter unless the mother denies that the claimant is the father. Such a notice is admissible in a paternity proceeding under Act No. 205 of the Public Acts of 1956, as amended, being sections 722.711 to 722.730 of the Michigan Compiled Laws, and shall create a rebuttable presumption as to the paternity of that child for purposes of that act. Such a notice shall create a rebuttable presumption as to paternity of the child for purposes of dependency or neglect proceedings under chapter 12a.
(3) A person who timely files a notice of intent to claim paternity shall be entitled to notice of any hearing involving that child to determine the identity of the father of the child and any hearing to determine or terminate his paternal rights to the child.
History: Add. 1974, Act 296, Eff. Jan. 1, 1975
PopularName Notes:
Probate Code
Notes of Decisions
Cited in
10
cases, 1983–2019 · leading case:
In Re Bkd, 631 N.W.2d 353 (Mich. Ct. App. 2001).
In Re Bkd, 631 N.W.2d 353 (Mich. Ct. App. 2001).
“A notice of intent to claim paternity filed pursuant to MCL 710.33(2) merely creates a rebuttable presumption of paternity for purposes of the Paternity Act and dependency or neglect proceedings under MCL 712A.”
Helton v. Beaman, 850 N.W.2d 515 (Mich. Ct. App. 2014).
“A DNA test was administered in 2003 within two months after the child’s birth, but because plaintiff allegedly could not afford the fee, the results were not revealed until three years later in 2006.”
In re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1998).
· cites it 2× “37)], and he responds by filing the Section 33 [MCL 710.33; MSA 27.3178(555.33)] Notice of Intent to Claim Paternity, we hold that the father comes within Subsection (2) of MCL 710.”
In re MGR, 928 N.W.2d 184 (Mich. 2019).
· cites it 4× “The putative father filed a motion to stay the adoption proceedings pending the outcome of his paternity action and, at the hearing on his motion, presented the results of the DNA testing, which showed a 99.”
Syrkowski v. Appleyard, 362 N.W.2d 211 (Mich. 1985).
“3 The plaintiff also filed a notice of intent to claim paternity pursuant to MCL 710.33; MSA 27.3178(555.33). That statute is part of the Michigan Adoption Code, 1974 PA 296 , MCL 710.”
In Re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1999).
· cites it 2× “37) ], and he responds by filing the Section 33 [MCL 710.33; MSA 27.3178(555.33) ] Notice of Intent to Claim *436 Paternity, we hold that the father comes within Subsection (2) of M.”
Ex Parte D.B., 975 So. 2d 940 (Ala. 2007).
“210, § 4A; Mich. Comp. Laws § 710.33 ; Minn.Stat. § 259.”
Ex Parte DB, 975 So. 2d 940 (Ala. 2007).
“210, § 4A; Mich. Comp. Laws § 710.33 ; Minn.Stat. § 259.”
Syrkowski v. Appleyard, 333 N.W.2d 90 (Mich. Ct. App. 1983).
· cites it 2× “Pursuant to § 33 of the Michigan Adoption Code, MCL 710.33; MSA 27.3178(555.33), Mr. Syrkowski filed a notice of intent to claim paternity on July 9, 1981.”
in Re Mgr (Mich. 2019).
· cites it 4× “See MCL 710.33. And, a few weeks after the child was born, he filed his paternity action.”
— Mich. Comp. Laws § 710.33(1) — 1 case
Helton v. Beaman, 850 N.W.2d 515 (Mich. Ct. App. 2014).
“A DNA test was administered in 2003 within two months after the child’s birth, but because plaintiff allegedly could not afford the fee, the results were not revealed until three years later in 2006.”
— Mich. Comp. Laws § 710.33(2) — 3 cases
In Re Bkd, 631 N.W.2d 353 (Mich. Ct. App. 2001).
“A notice of intent to claim paternity filed pursuant to MCL 710.33(2) merely creates a rebuttable presumption of paternity for purposes of the Paternity Act and dependency or neglect proceedings under MCL 712A.”
In re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1998).
“37)], and he responds by filing the Section 33 [MCL 710.33; MSA 27.3178(555.33)] Notice of Intent to Claim Paternity, we hold that the father comes within Subsection (2) of MCL 710.”
In Re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1999).
“37) ], and he responds by filing the Section 33 [MCL 710.33; MSA 27.3178(555.33) ] Notice of Intent to Claim *436 Paternity, we hold that the father comes within Subsection (2) of M.”
— Mich. Comp. Laws § 710.33(3) — 2 cases
In re MGR, 928 N.W.2d 184 (Mich. 2019).
“The putative father filed a motion to stay the adoption proceedings pending the outcome of his paternity action and, at the hearing on his motion, presented the results of the DNA testing, which showed a 99.”
in Re Mgr (Mich. 2019).
“See MCL 710.33. And, a few weeks after the child was born, he filed his paternity action.”
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