PROBATE CODE OF 1939
Act 288 of 1939
710.37 Termination of rights of putative father.
Sec. 37.
(1) If the court has proof that the person whom it determines pursuant to section 36 to be the father of the child was timely served with a notice of intent to release or consent pursuant to section 34(1) or was served with or waived the notice of hearing required by section 36(3), the court may permanently terminate the rights of the putative father under any of the following circumstances:
(a) The putative father submits a verified affirmation of his paternity and a denial of his interest in custody of the child.
(b) The putative father files a disclaimer of paternity. For purposes of this section the filing of the disclaimer of paternity shall constitute a waiver of notice of hearing and shall constitute a denial of his interest in custody of the child.
(c) The putative father was served with a notice of intent to release or consent in accordance with section 34(1), at least 30 days before the expected date of confinement specified in that notice but failed to file an intent to claim paternity either before the expected date of confinement or before the birth of the child.
(d) The putative father is given proper notice of hearing in accordance with section 36(3) or 36(5) but either fails to appear at the hearing or appears and denies his interest in custody of the child.
(2) If the identity of the father cannot be determined, or if the identity of the father is known but his whereabouts cannot be determined, the court shall take evidence to determine the facts in the matter. The court may terminate the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate the father and that any of the following circumstances exist:
(a) The putative father, whose identity is not known, has not made provision for the child's care and did not provide support for the mother during her pregnancy or during her confinement.
(b) The putative father, whose identity is known but whose whereabouts are unknown, has not provided support for the mother, has not shown any interest in the child, and has not made provision for the child's care, for at least 90 days preceding the hearing required under section 36.
History: Add. 1974, Act 296, Eff. Jan. 1, 1975
PopularName Notes:
Probate Code
Notes of Decisions
Cited in
17
cases (
7 in the last 5 years), 1979–2024 · leading case:
In re MGR, 916 N.W.2d 662 (Mich. Ct. App. 2018).
In re MGR, 916 N.W.2d 662 (Mich. Ct. App. 2018).
· cites it 2× “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 Tmk, 617 N.W.2d 925 (Mich. Ct. App. 2000).
· cites it 3× “31)(1), when a child is bom out of wedlock, a court cannot approve a petition for adoption without first terminating the parental rights of the biological father pursuant to either MCL 710.37; MSA 27.3178(555.37) or MCL 710.”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).
· cites it 2× “, by filing with the probate court a disclaimer of paternity as provided under MCL 710.37(1)(b); MSA 27.3178(555.37)(1)(b).”
In re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1998).
“The trial court determined that [g]iven these unusual facts where the mother tells the father he is not the father and then names him as the father in the Notice to Putative Father and Custody Statement [MCL 710.37; MSA 27.3178(555.37)], and he responds by filing the Section 33…”
In the Matter of Kozak, 285 N.W.2d 378 (Mich. Ct. App. 1979).
“MCL 710.37(2); MSA 27.3178(555.37)(2) allows the court to terminate the rights of the putative father where he cannot be identified if a "reasonable effort" has been made to locate and identify him.”
In Re Lang, 600 N.W.2d 646 (Mich. Ct. App. 1999).
“MCL 710.37; MSA 27.3178(555.37). 7 Subsection 51(6) is not applicable in this case.”
In Re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1999).
“The trial court determined that [g]iven these unusual facts where the mother tells the father he is not the father and then names him as the father in the Notice to Putative Father and Custody Statement [MCL 710.37; MSA 27.3178(555.37) ], and he responds by filing the Section 33…”
In Re Lsm Minor (Mich. Ct. App. 2023).
· cites it 4× “36 and MCL 710.37 of the Adoption Code and MCR 3.”
In Re Jbrb Minor (Mich. Ct. App. 2023).
· cites it 3× “When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
In Re Jbrb Minor (Mich. Ct. App. 2023).
· cites it 3× “When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
Zieldorff v. Catholic Soc. Servs., 285 N.W.2d 378 (Mich. Ct. App. 1979).
“MCL 710.37(2); MSA 27.3178(555.37X2) allows the court to terminate the rights of the putative father where he cannot be identified if a "reasonable effort” has been made to locate and identify him.”
in Re Mgr (Mich. Ct. App. 2018).
· cites it 2× “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 § 710.37(1) — 2 cases
In Re Jbrb Minor (Mich. Ct. App. 2023).
“When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
In Re Jbrb Minor (Mich. Ct. App. 2023).
“When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
— Mich. Comp. Laws § 710.37(1)(a) — 3 cases
In Re Lsm Minor (Mich. Ct. App. 2023).
“36 and MCL 710.37 of the Adoption Code and MCR 3.”
In Re Jbrb Minor (Mich. Ct. App. 2023).
“When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
In Re Jbrb Minor (Mich. Ct. App. 2023).
“When, as here, “a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated” under MCL 710.37 or MCL 710.39. MCL 710.31(1). MCL 710.”
— Mich. Comp. Laws § 710.37(1)(b) — 1 case
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).
“, by filing with the probate court a disclaimer of paternity as provided under MCL 710.37(1)(b); MSA 27.3178(555.37)(1)(b).”
— Mich. Comp. Laws § 710.37(1)(d) — 1 case
— Mich. Comp. Laws § 710.37(2) — 2 cases
In the Matter of Kozak, 285 N.W.2d 378 (Mich. Ct. App. 1979).
“MCL 710.37(2); MSA 27.3178(555.37)(2) allows the court to terminate the rights of the putative father where he cannot be identified if a "reasonable effort" has been made to locate and identify him.”
Zieldorff v. Catholic Soc. Servs., 285 N.W.2d 378 (Mich. Ct. App. 1979).
“MCL 710.37(2); MSA 27.3178(555.37X2) allows the court to terminate the rights of the putative father where he cannot be identified if a "reasonable effort” has been made to locate and identify him.”
— Mich. Comp. Laws § 710.37(l)(a) — 1 case
In Re Tmk, 617 N.W.2d 925 (Mich. Ct. App. 2000).
“31)(1), when a child is bom out of wedlock, a court cannot approve a petition for adoption without first terminating the parental rights of the biological father pursuant to either MCL 710.37; MSA 27.3178(555.37) or MCL 710.”
— Mich. Comp. Laws § 710.37(l)(b) — 1 case
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).
“, by filing with the probate court a disclaimer of paternity as provided under MCL 710.37(1)(b); MSA 27.3178(555.37)(1)(b).”
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