Family Law Guide

    Michigan Affidavit of Parentage: When and How to File

    The Michigan Affidavit of Parentage lets unmarried parents establish legal fatherhood without a court hearing — but it has serious custody and support consequences.

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    What It Does

    Under the Acknowledgment of Parentage Act (MCL 722.1001 et seq.), a signed Affidavit of Parentage makes the man the legal father with all custody, parenting time, and child-support rights and duties.

    Where to Sign

    You can sign at the hospital at birth, at any Michigan Department of Health and Human Services office, or at the county clerk. Both parents sign in front of a notary, and the form is DHS-961.

    Initial Custody Rule

    MCL 722.1006 gives the mother initial custody unless a court orders otherwise. To establish parenting time or joint custody, the father must file a complaint in circuit court.

    Revoking the Affidavit

    Either signer can file a claim to revoke within 3 years of signing or within 1 year of learning the man is not the biological father. DNA testing is usually required, and the court must find revocation is in the child's best interests.

    Frequently Asked Questions

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