ACKNOWLEDGMENT OF PARENTAGE ACT
Act 305 of 1996
722.1003 Acknowledgment of parentage; form; validity; signatures; witness; copy.
Sec. 3.
(1) If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.
(2) If a child born out of wedlock is conceived by assisted reproduction as defined in the assisted reproduction and surrogacy parentage act, an individual is considered to be the natural parent of that child if the individual joins with the individual who gave birth to the child and acknowledges that child as their child by completing a form that is an acknowledgment of parentage.
(3) If a child is born to a married individual who gave birth to a child conceived by assisted reproduction as defined in the assisted reproduction and surrogacy parentage act, their spouse is considered to be an acknowledged parent by completing a form that is an acknowledgment of parentage.
(4) An acknowledgment of parentage form is valid and effective and establishes the parentage of a child if signed by individuals eligible to acknowledge parentage as set forth in subsections (1), (2), and (3) and those signatures are each notarized by a notary public authorized by the state in which the acknowledgment is signed or witnessed by 1 disinterested, legally competent adult. The witness must be an employee of 1 of the following: a hospital, publicly funded or licensed health clinic, pediatric office, friend of the court, prosecuting attorney, court, department of health and human services, county health agency, county records department, head start program, local social services provider, county jail, or state prison. The witness must sign and date the acknowledgment of parentage form and provide his or her printed name, address, and place of employment. An acknowledgment may be signed any time during the child's lifetime.
(5) The birth parent and the acknowledged parent must be provided a copy of the completed acknowledgment at the time of signing.
History: 1996, Act 305, Eff. June 1, 1997 ;-- Am. 2014, Act 409, Eff. Mar. 30, 2015 ;-- Am. 2024, Act 31, Eff. Apr. 2, 2025
Notes of Decisions
Cited in
23
cases (
5 in the last 5 years), 2001–2025 · leading case:
Sinicropi v. Mazurek, 729 N.W.2d 256 (Mich. Ct. App. 2007).
Sinicropi v. Mazurek, 729 N.W.2d 256 (Mich. Ct. App. 2007).
· cites it 7× “This is because, under MCL 722.1003 and MCL 722.1004, an unrevoked acknowledgment already legally established paternity and conferred the status of natural and legal father on the man executing the acknowledgment, which in turn entitled him to seek custody or parenting time if…”
Aichele v. Hodge, 673 N.W.2d 452 (Mich. Ct. App. 2004).
· cites it 4× “He further alleged that he was unaware of the affidavit of parentage and that the affidavit is void because MCL 722.1003 requires that the child's mother be unmarried in order to properly execute an affidavit.”
In Re Rood, 763 N.W.2d 587 (Mich. 2009).
· cites it 2× “The affidavit of paternity does not appear in the record, but presumably respondent acknowledged parentage under MCL 722.1003(1), which provides: "If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of…”
Helton v. Beaman, 850 N.W.2d 515 (Mich. Ct. App. 2014).
· cites it 3× “For purposes of this opinion, the Court has assumed that the affidavit was duly signed and notarized and was properly executed and filed in keeping with the requirements §§ 3 and 5 of the Acknowledgment of Parentage Act, MCL 722.1003 and 722.1005. To be consistent with the terms…”
Eldred v. Ziny, 631 N.W.2d 748 (Mich. Ct. App. 2001).
· cites it 2× “Ziny’s assertion, acknowledgment of paternity *149 under MCL 722.1003 does not afford the father the same legal rights as a father whose child is bom within a marriage, but rather, as noted above, merely entitles the parties to seek custody, support, or parenting time without…”
In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018).
“See MCL 722.1003(1) ("If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.”
Bay Cnty. Prosecutor v. Nugent, 740 N.W.2d 678 (Mich. Ct. App. 2007).
· cites it 2× “An acknowledgment signed under this act establishes paternity, and the acknowledgment may be the basis for court ordered child support, custody, or parenting time without further adjudication under the paternity act.... The child who is the subject of the acknowledgment shall…”
Killingbeck v. Killingbeck, 711 N.W.2d 759 (Mich. Ct. App. 2006).
· cites it 2× “[7] MCL 722.1003(1). [8] MCL 722.1004, quoted in Aichele v.”
In re Moiles, 840 N.W.2d 790 (Mich. Ct. App. 2013).
· cites it 2× “MCL 722.1003. MCL 722.1443(5). Emphasis added.”
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
“3 MCL 722.1003(1) provides: “If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.”
Sims v. Verbrugge, 911 N.W.2d 233 (Mich. Ct. App. 2017).
“[ MCL 722.1003(1).] Once the parties complete such an act, the Acknowledgment of Parentage Act provides as follows: *211 An acknowledgment signed under this act establishes paternity, and the acknowledgment may be the basis for court ordered child support, custody, or parenting…”
Rogers v. Wcisel, 877 N.W.2d 169 (Mich. Ct. App. 2015).
“MCL 722.1003(1), (2). The undisputed fact that a man is not a child’s biological father, as proven by clear and convincing evidence through blood, tissue, or *95 DNA, does not establish a mistake of fact.”
— Mich. Comp. Laws § 722.1003(1) — 16 cases
Sinicropi v. Mazurek, 729 N.W.2d 256 (Mich. Ct. App. 2007).
“This is because, under MCL 722.1003 and MCL 722.1004, an unrevoked acknowledgment already legally established paternity and conferred the status of natural and legal father on the man executing the acknowledgment, which in turn entitled him to seek custody or parenting time if…”
In Re Rood, 763 N.W.2d 587 (Mich. 2009).
“The affidavit of paternity does not appear in the record, but presumably respondent acknowledged parentage under MCL 722.1003(1), which provides: "If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of…”
In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018).
“See MCL 722.1003(1) ("If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.”
Bay Cnty. Prosecutor v. Nugent, 740 N.W.2d 678 (Mich. Ct. App. 2007).
“An acknowledgment signed under this act establishes paternity, and the acknowledgment may be the basis for court ordered child support, custody, or parenting time without further adjudication under the paternity act.... The child who is the subject of the acknowledgment shall…”
— Mich. Comp. Laws § 722.1003(2) — 2 cases
Sinicropi v. Mazurek, 729 N.W.2d 256 (Mich. Ct. App. 2007).
“This is because, under MCL 722.1003 and MCL 722.1004, an unrevoked acknowledgment already legally established paternity and conferred the status of natural and legal father on the man executing the acknowledgment, which in turn entitled him to seek custody or parenting time if…”
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