PROBATE CODE OF 1939
Act 288 of 1939
710.36 Hearing to determine whether child born out of wedlock and to determine identity and rights of father; filing proof of service of notice of intent or acknowledgment; copy of notice of intent to claim paternity; notice of hearing; contents; filing proof of service of notice of hearing; waiver; evidence of identity; affidavit or verified written declaration; finding; adjournment of proceedings.
Sec. 36.
(1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her spouse, and the release or consent of the natural father cannot be obtained, the judge shall hold a hearing as soon as practical to determine whether the child was born out of wedlock, to determine the identity of the father, and to determine or terminate the rights of the father as provided in this section and sections 37 and 39 of this chapter.
(2) Proof of service of a notice of intent to release or consent or the putative father's verified acknowledgment of notice of intent to release or consent shall be filed with the court, if the notice was given to the putative father. The court shall request the vital records division of the department to send to the court a copy of any notice of intent to claim paternity of the particular child that the division has received.
(3) Notice of the hearing shall be served upon the following:
(a) A putative father who has timely filed a notice of intent to claim paternity as provided in section 33 or 34 of this chapter.
(b) A putative father who was not served a notice of intent to release or consent at least 30 days before the expected date of confinement specified in the notice of intent to release or consent.
(c) Any other male who was not served according to section 34(1) of this chapter with a notice of intent to release or consent and who the court has reason to believe may be the child's father.
(4) The notice of hearing shall inform the putative father that his failure to appear at the hearing constitutes a denial of his interest in custody of the child, which denial shall result in the court's termination of his rights to the child.
(5) Proof of service of the notice of hearing required by subsection (3) shall be filed with the court. A verified acknowledgment of service by the party to be served is proof of personal service. Notice of the hearing shall not be required if the putative father is present at the hearing. A waiver of notice of hearing by a person entitled to receive it is sufficient.
(6) The court shall receive evidence as to the identity of the father of the child. In lieu of the mother's live testimony, the court shall receive an affidavit or a verified written declaration from the mother as evidence of the identity and whereabouts of the child's father. If the court determines that the affidavit or verified written declaration is insufficient, the court shall allow amendment of the affidavit or verified written declaration. If the court determines that the amendment of the affidavit or verified written declaration is insufficient, the court may receive live testimony from the mother. Based upon the evidence received, the court shall enter a finding identifying the father or declaring that the identity of the father cannot be determined.
(7) If the court finds that the child's father is a person who did not receive either a timely notice of intent to release or consent according to section 34(1) of this chapter or a notice required under subsection (3), and who has neither waived his right to notice of hearing nor is present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.
History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 288, Eff. Oct. 17, 1980 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 191, Eff. Sept. 19, 2016 ;-- Am. 2016, Act 325, Eff. Feb. 20, 2017
PopularName Notes:
Probate Code
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1978–2024 · leading case:
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009).
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009).
· cites it 3× “If the child is claimed to be born out of wedlock and the mother executes or proposes to execute a consent or release relinquishing her rights or joins in a petition for adoption by her husband, and the consent or release of the natural father cannot be obtained, the trial court…”
In the Matter of Barlow, 273 N.W.2d 35 (Mich. 1978).
· cites it 2× “MCLA 710.36; MSA 27.3178(555.36). The Adoption Code also provides substantive standards for deciding when a putative father's rights may appropriately be terminated.”
In Re Caw, 659 N.W.2d 657 (Mich. Ct. App. 2003).
· cites it 4× “MCL 710.36. Therefore, the court can determine the child to be born out of wedlock and determine the rights of the putative father.”
In re MGR, 916 N.W.2d 662 (Mich. Ct. App. 2018).
· cites it 3× “*665 Appellants argue that certain provisions of the Adoption Code ( MCL 710.36, MCL 710.37, and MCL 710.39 ) address termination of a legal father's parental rights, so that an order of filiation does not render moot the proceedings under the Adoption Code.”
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985).
· cites it 2× “] The concern for procedural fairness to noncustodial parents is also evidenced by the requirements for service, MCL 710.36(7); MSA 27.3178(555.36)(7), the requirement for a hearing to determine whether there have been reasonable attempts to identify or locate the father, MCR 5.”
In re MGR, 928 N.W.2d 184 (Mich. 2019).
· cites it 3× “MCL 710.36(6). 4 Next, under the Adoption Code, the rights of putative fathers are determined not by performing a DNA test as they are under the Paternity Act, but, instead, by the nature of the relationship between the putative father and the child and the level of care and…”
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008).
· cites it 2× “36(1) provides: If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her husband, and the release or consent of the natural father…”
In Re Neagos, 439 N.W.2d 357 (Mich. Ct. App. 1989).
“34); MCL 710.36; MSA 27.3178(555.36). Petitioner seeks to set aside the probate court’s 1983 order of adoption.”
Robards v. Barlow, 404 Mich. 216 (Mich. 1978).
· cites it 2× “MCLA 710.36; MSA 27.3178(555.36). The Adoption Code also provides substantive standards for deciding when a putative father’s rights may appropriately be terminated.”
In Re Lsm Minor (Mich. Ct. App. 2023).
· cites it 7× “” This is a Supreme Court Administrative Office (SCAO) approved form (PCA 316) meant to comply with MCL 710.36 and MCL 710.37 of the Adoption Code and MCR 3.”
In Re Rev Minor (Mich. Ct. App. 2022).
· cites it 4× “Respondent, who was still in jail, was personally served with Bethany’s motion, the adjournment order, and a notice of hearing for purposes of a determination under MCL 710.36 through MCL 710.39. Personal service was reflected in a proof of service.”
in Re Mgr (Mich. Ct. App. 2018).
· cites it 3× “Appellants argue that certain provisions of the Adoption Code (MCL 710.36, MCL 710.37, and MCL 710.39) address termination of a legal father’s parental rights, so an order of filiation does not render moot the proceedings under the Code.”
— Mich. Comp. Laws § 710.36(1) — 9 cases
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009).
“If the child is claimed to be born out of wedlock and the mother executes or proposes to execute a consent or release relinquishing her rights or joins in a petition for adoption by her husband, and the consent or release of the natural father cannot be obtained, the trial court…”
In re MGR, 916 N.W.2d 662 (Mich. Ct. App. 2018).
“*665 Appellants argue that certain provisions of the Adoption Code ( MCL 710.36, MCL 710.37, and MCL 710.39 ) address termination of a legal father's parental rights, so that an order of filiation does not render moot the proceedings under the Adoption Code.”
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008).
“36(1) provides: If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her husband, and the release or consent of the natural father…”
in Re Mgr (Mich. Ct. App. 2018).
“Appellants argue that certain provisions of the Adoption Code (MCL 710.36, MCL 710.37, and MCL 710.39) address termination of a legal father’s parental rights, so an order of filiation does not render moot the proceedings under the Code.”
— Mich. Comp. Laws § 710.36(3) — 1 case
In Re Lsm Minor (Mich. Ct. App. 2023).
“” This is a Supreme Court Administrative Office (SCAO) approved form (PCA 316) meant to comply with MCL 710.36 and MCL 710.37 of the Adoption Code and MCR 3.”
— Mich. Comp. Laws § 710.36(3)(b) — 1 case
In Re Lsm Minor (Mich. Ct. App. 2023).
“” This is a Supreme Court Administrative Office (SCAO) approved form (PCA 316) meant to comply with MCL 710.36 and MCL 710.37 of the Adoption Code and MCR 3.”
— Mich. Comp. Laws § 710.36(6) — 3 cases
In re MGR, 928 N.W.2d 184 (Mich. 2019).
“MCL 710.36(6). 4 Next, under the Adoption Code, the rights of putative fathers are determined not by performing a DNA test as they are under the Paternity Act, but, instead, by the nature of the relationship between the putative father and the child and the level of care and…”
In Re Rev Minor (Mich. Ct. App. 2022).
“Respondent, who was still in jail, was personally served with Bethany’s motion, the adjournment order, and a notice of hearing for purposes of a determination under MCL 710.36 through MCL 710.39. Personal service was reflected in a proof of service.”
— Mich. Comp. Laws § 710.36(7) — 2 cases
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985).
“] The concern for procedural fairness to noncustodial parents is also evidenced by the requirements for service, MCL 710.36(7); MSA 27.3178(555.36)(7), the requirement for a hearing to determine whether there have been reasonable attempts to identify or locate the father, MCR 5.”
In Re Lsm Minor (Mich. Ct. App. 2023).
“” This is a Supreme Court Administrative Office (SCAO) approved form (PCA 316) meant to comply with MCL 710.36 and MCL 710.37 of the Adoption Code and MCR 3.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.