What are the Rights of a Biological Father if the Mother is Married to Another Man?

This question is answered differently under Michigan law than it is under the laws of States that have enacted the Uniform Parentage Act (UPA, and States that have some judicially created exception like the ones in the UPA. In Michigan the Paternity Act and decisions of the court of Appeals and the Michigan Supreme Court deny standing to all biological fathers (not husbands) when a child is conceived or born during a marriage.

Consider the most recent Michigan case, decided February 16, 2005 (Numerick v Krull). The biological father's rights were effectively destroyed when Mom wed someone else after she and dad separated but before the child was born. If this is a sham marriage used to cut off Dad's rights, what happens when or if Mom divorces this husband? In this day and age people often move and lose touch. Bio Dad may never know if Mom moves to a state where she can divorce Dad and he can disestablish paternity. Bio Dad may never have the opportunity to parent or co-parent his child.

While it's true that these cases result from messy lives, are family lawyers supposed to turn away and ignore what might be in the best interests of a child to avoid getting our hands dirty? I don't think so.

What the UPA does with respect to children born or conceived during a marriage is really no different from the analysis we do under the Adoption Code where efforts are made to terminate a dad's parental rights so the child may be adopted. There we look at the relationship of the father to the child. Has the dad formed a substantial parent-child relationship with the child and has he provided regular and substantial support for the child?

The importance of allowing biological fathers to have standing arises from recent efforts in Michigan to enact legislation that would deal with the issue of "paternity fraud." The proposed legislation would allow a male to disestablish paternity and escape financial responsibility for a child or children born during his marriage to his wife. If we amend the Act in this piecemeal manner, then what happens to the child(ren)? They may be left without financial support and paternal guidance, often from the only father they have known.

If Husband has known that the child was not his for an extended period of time (the UPA sets a limit of 2 years) and he has not challenged it within the 2-year period, then he would not be allowed to deny paternity. It's one thing to deprive a putative father the right to establish his paternity and quite another to then turn around and deny the child the father he/she has been raised by.

Moreover, what is so different about a child having a relationship with her father AND her step-father - with alternate weekends and holidays and summer parenting, in a "normal" family (at least 50% of Michigan children live in such a family) - and a child having the same kind of relationship with a biological father?

Two cases that illustrate how the individual facts should determine whether a putative father should have standing were resolved in California and serve to illustrate what would happen under the UPA - what cannot happen under current Michigan law.

In one case, the mother left her husband. The biological father, Brian, and the mother, Ginger, lived in a family-like relationship during the pregnancy. Brian was present at the birth, and his name appeared on the birth certificate and baptismal records.  They lived together until the child was about one year old. Even after their separation, the father had substantial parenting time with the child. However, when Ginger reconciled with her husband, she cut off all contact between Brian and the child.

The trial court found that Brian and the child had formed a substantial parent-child relationship.  As a result, the Court granted him standing to establish his parentage. (This is not unlike our test for termination of a putative father's rights under the adoption Code). See,  Brian C. v. Ginger K. (2000) 77 Cal. App.4th 1198 [ 92 Cal.Rptr.2d 294].

Contrast that case with Rodney F. v. Karen M.,  61 Cal.App.4th 233 (1998). In that case, Rodney had an affair with Karen, a married woman. He filed an action to establish paternity of her child. But the trial court applied the conclusive presumption California's Family Code and found Karen's husband to be the father of the child.

Karen and her husband were married in 1985. Their marriage was troubled and Karen had twice filed for divorce without finalizing a divorce. Karen and Rodney had a sexual affair during her marriage, and the two rented housing where Karen spent a considerable amount of time while her husband worked on an offshore oil platform.

Karen became pregnant and told her husband she was pregnant a few months later. She also told him about her affair with Rodney F. Karen told Rodney she was pregnant, and she later told the court that he really did not care. Karen delivered a girl in March 1993. After her birth, the baby resided with Karen and her husband. Rodney F. had no contact with the baby. That was the essential deciding factor in the court's denial of standing to Rodney - despite his constitutional arguments and despite the fact that  DNA blood tests showed that Rodney, who registered a paternity index of 195 and a probability of 99.5 percent, was the baby's biological father.

The judge made findings of fact that Karen was cohabiting with her husband who was neither impotent nor sterile at the time the child was conceived. Then the court applied the conclusive presumption in the adoption code and held that Karen's husband was conclusively presumed to be the baby's father.  "Where, as here, the conclusive presumption of paternity applies under the law, it is irrelevant that the biological father can prove his paternity or even that all parties to the proceedings may concede that plaintiff is the biological father."

This was a harsh result, but reflects the general tenor of decisions in 1995 and even later in most States. One of the deciding factors was the fact that the child had always lived in an intact family. Here, the child was conceived and born during Karen M.'s marriage to her husband. There had been absolutely no relationship forged between the child and Rodney. Karen and her husband were the only parents the child had ever known. The court said, "It is precisely that type of relationship that section 7540 is designed to protect from interference. The state has a legitimate interest in doing so."

In addition, the court opined that it may serve no good purpose and may not be in the best interest of the child to create what in essence is a fictional family. Praising Karen M.'s husband for his willingness to raise this child as his own, the court condoned this married couple apparently pretending that the child was their offspring.

But the court also recognized that it may also be beneficial for the child to have a relationship with her biological father. The court stated that the familial stability the court was preserving was certainly questionable by virtue of the fact that the case was even before the court. The court opined that it was questionable whether the integrity of the "family" would be jeopardized if visitation with Rodney were permitted, simply because all the parties know the identity of the biological father.

I know that there are many family lawyers who aren't interested in paternity issues and would "leave sleeping dogs lie." In my humble opinion, the time has come to consider legislation that would actually operate to protect children from their parents' messy lives -- that has the capacity to offer children substantial parent-child relationships and parental support.

"Paternity fraud" -- those proponents who would protect men from having to pay support for children who are not their biological issue might consider the importance of protecting fathers' rights to continue a substantial parent-child relationship rather than allowing a mother's whim to control (for example, reconciliation with husband, cutting off the putative father's parental relationship with a child).

For more information on parentage issues, you may read articles on Jeanne Hannah's website.

Comments

[Michelle]

I'm looking for a resource in the Detroit, Michigan area that can help with a paternity issue. My brother found out recently he has a daughter that he didn't know about (mother said she had a miscarriage). As soon as he found out he became involved in the childs life. Today the mother told him she was married when she gave birth and is still married now. At the time they conceived the baby, she told my brother she was going thru a divorce. Her husband is listed on the birth certificate, but she has told my brother the baby is his (and she looks just like him). Does he have any rights? Where do we go from here? He wants to be involved in his daughter's life. I know a paternity test is probably first, but then what? Any help would be appreciated!!

[Jeanne M. Hannah]

Michelle,

As I explained in this Blog article, if the mother is married at the time of a child's conception and/or at the time of the child' birth, in Michigan, the biological father has no legal rights to establish his parentage, to ask for custody, or to ask for parenting time.

Although this is a harsh result, the only remedy will come from the State Legislature. I advocate strongly for enactment of the Uniform Parentage Act, which, under certain circumstances would provide fathers like your brother the opportunity to continue an established relationship with a biological child born to a mother who was married to another man at conception and/or birth.

To date, there appears to be little interest in this modification of existing Michigan law. Until reform occurs, however, there will be more and more fathers and children caught in the situation in which your brother finds himself.

[Daniel wharton]

I was in a relationship with a married woman who was going to leave her husband for me and then backed out. After this point we stayed friends. A month later she contacted me and said she was pregnant. She told me that it was her husband’s child and that she was sorry for all the pain she put me through. I stayed friends with her. We had talked and said that she and her husband would be tested to make sure it was their child when he was born. Two days after the birth she contacted me from the hospital saying that all was well. She said He was their child. She had told the nurse that she wanted to be tested because of the situation that she had been in. About four months later she started calling me and saying that the child looked like me. After two months of her calls consisting of conversations about her thinking he was my child, I asked her if it would make her feel at peace if we just went and got a DNA test. So she, the baby and I went and had a DNA test done. She asked me what we would do if he was mine. I told her if she had the testing done like she said, that he was not going to be mine. We discussed that if in some chance that he was, I thought we might try to have a relationship so I could be in my child's life as much as possible. Two weeks later the results come he is in fact my child 99.88% positive. I started seeing him on a regular basis. My whole family meets my son including my (mom, dad, step dad, brother etc) this goes on for about four months without her husband knowing that I'm seeing him. I get the feeling that the mother just wants to be in a relationship with me and she really doesn't care if I'm in my son’s life. I ask her if she wants me in his life no matter our situation. She tells me yes. Two days later I try to call her. The phone number has been changed. I contact her at work (I work with her). She tells me not to come see her or try to contact her at all. I hired a lawyer the day that she cut off contact. I got my day in court early 2007. I felt very prepared with my DNA test, many pictures, phone records, and proof of our relationship. I asked to pay child support, visitation every other weekend, one week day a week, Father’s day and three weeks in the summer. This case was held at the Washtenaw County Court in Ann Arbor, Mi. The case took about five minuets. The Judge didn't even ask to see the DNA test, any photos or look at any proof of my relationship. The Judge did not ask me to take the stand or my brother who came with me. Long story short you have no rights in Michigan if you are the biological father and you have had a relationship with your child. WOW what a shock. I just don't feel its right for my own son a product of me to not know his own biological father not only that I can’t even begin to tell you how this has affected me. I thought this might educate people in Michigan by telling all of you that might read this what happend to me. The law in Michigan in my mind is very wrong and I will work to try to educate people and get this law changed.

Daniel Wharton
dcisforme@yahoo.com

[Jeanne M. Hannah]

Daniel,

Your case is one of a long series of cases all having the same tragic result. This is because Michigan's laws do not permit a child to have two fathers. A mother can defeat the rights of a biological father by hiding behind the law. Whenever a child is born or conceived while the mother is married to another man, she can use this defense against the biological father. Because it is not uncommon these days for married women to stray, many biological fathers are getting trapped by this law.

Michigan needs to change the law. The best solution would be for the Michigan legislature to adopt the Uniform Parentage Act, which does give standing to dads whose fact patterns match yours.

Please stay in touch and email me with your contact information (Name, address, phone, email). If I can work with lawmakers to further this purpose, I may be calling upon you to testify in a legislative hearing.

By the way, you were the second biological father who contacted me on May 9th with a similar story.

Jeanne Hannah

[Sad Sister]

my sister inlaw got pregnant when my brother and her were seperated for 4 weeks. they got back together and he has raised the baby as his for 9 years. His name is on the birth certificate and everything. The child has no ideal that my brother is not his father. The problem is now she wants a divorce and does not want him to have any visitation with his son. He is in complete shock. I wonder does he have any rights.

[Rae Fruth]

My son is the biological father of a little boy born in January 2006. At the time of his birth, the mother had a new boyfriend, but she knew that there was a good possibility that my son was the father. She agreed to a home DNA test when the baby was 3 wks old. Result was that my son was bio dad. Two months later, mother was upset with my son, so she and her boyfriend signed and filed and affidavit of parentage making the boyfriend the legal father. However, my son continued to see the child, support him financially, and developed a bond with him.

Fast forward to March 2007. The mother and her boyfriend (both teenagers), are separated. The boyfriend (legal dad) provided no support, and abandoned any relationship he had with the child. At this time all three parties, (mom, bio dad, and legal dad) all agreed that they wanted to revoke the affidavit of parentage that had been filed in 2006; and make the bio dad the legal dad as well, and add the correct father to the birth certificate. After contacting several attornies (including the prosecuting attorney who had filed a case against the legal dad to pay support), we were told that no one knew exactly how to go about having the affidavit revoked. Two attorneys refused to take our case, because my son was "only" the biological father, and had no rights under the paternity act.

I was successful in having the original AOP revoked, had the new AOP signed, and sent in a form to add the correct father on the birth record, thereby changing the baby's name to his bio dad's name.

This is what I did. I wrote a stipulation and order to revoke the affidavit of parentage signed by all three parties, and filed it through the county clerk (jackson county) within the child support case that had been filed by the PA against the "legal" dad. A copy of a legally binding DNA test was attached. The judge signed the order. We sent a copy of the order to revoke the original AOP, a new, correct, AOP along with the form to add a father to the BC to the vital records changes division in Lansing. We hope to receive my grandson's new birth certificate with his new name, and correct daddy listed in a couple weeks.

I spoke with Senator Mike Simpson this evening, and he agreed to take my information to research this matter, and see if the law can be amended to give biological fathers an avenue to obtain legal rights even if an AOP is signed by a non bio father. I will give him the link to your website.

While we were success ful in this situation, I feel that the law as it exists is WRONG. A biological father can forever lose any contact with his child if an AOP is signed by someone else. The law MUST be changed. I don't want any other family to go through what we have gone through trying to make my grandson a "legal" member of our family.

[Jeanne M Hannah]

Rae:

Thank you for writing. This is a wonderful result and will, hopefully, provide others with a similar problem with a roadmap for a solution that is not expensive and/or costly. You're a star! Jeanne

[J. Harold]

Have we gotten to the point that we are so intellectual/formal about every issue that we have turned into idiots? Sometimes I wonder. How is it that a child does not have the inherent right to know his/her biological father, if that father is "fit" and "willing"?---Particularly now that we have the means to absolutely determine a biological fact? How stupid can we be? It does not have to lead to a "substitute" situation. I am continually amazed at how smart my little girl is. I think all children are smarter/more aware than we want to acknowledge. I have real doubts that if a child develops with one "father", having another and knowing his/her real father is such a disruption that one father has to be substituted for another.

[Jeanne M Hannah]

Dear Mr. Harold:

Thank you for writing. I agree with you wholeheartedly. Sadly, because of the current state of the law in Michigan, not every child will have the opportunity to know his or her biological father. In this day and age, when DNA testing is so readily available, it's truly a shame that some dads and some children are deprived of a parent-child relationship.

Jeanne M. Hannah

[Tray]

On July 3, 2007, I found out that I have a 13 year old daughter. Her mother never told me, worse yet, she moved to Indiana with her new husband and had my daughter adopted there. (Husband happens to be an ex-felon, been bankrupt and takes meds for psycological disorders.) From the time she finally told me, she also has told me that she has had a terrible marriage. I was able to have my daughter, her mother and me have our DNA tested so no one could question the fact. After the positive results, adoptive father moved out of the house and they are going to divorce. I understand that a biological father can establish his paternity if he fathers a child to a married couple and they later divorce. What is the situation when a step-father become an adoptive father in another state and they later divorce. My daughter was conceived and born in Michigan. Today, she and I live in Michigan. Had I been told, I never would have given her up. Her mother did not tell me because she did not want to disrupt my career. I was living in a western state at the time and she did not want our daughter to travel for visitation. With adoptive father not living with them anymore, my daughter and I are establishing a parent/child relationship. After the positive DNA results and him moving out of the house, my attorney said to hold off on doing anything until the divorce is decreed. He said to use this time to establish the relationship with your daughter. Once the divorce is decreed, can I claim my paternity under current law? I know that I will be able to have a relationship with my daughter because her mother has promised to facilitate it. What I really want is my name put on her birth certificate, so if something happens to her mother, adoptive father can't take her to his home in Indiana. Can that happen (without his consent) after they divorce?

[Donna]

I just have a question about the Michigan law. If a man is married and his wife gets pregnat and he doesn't think its his can he legally ask for a paternity test? Just wondering b/c someone told me he couldn't. Thanks

[Jeanne Hannah]

Donna,the answer to this question is: it depends. If he intends to stay married to his wife, then he will be the legal father of a child born to his wife during the marriage. He might get his wife to agree to a DNA test. If not, then he might use one of the do-it-yourself DNA kits/tests available.

if the do-it-yourself test shows that child is the husband's then that will put his mind at ease. If it shows that he is not the biological father, he'll have to make a choice about staying or leaving. In a divorce, he can deny parentage and get a legal DNA test to prove non-paternity.

[Dana Dandrow]

I am a married woman that concieved a baby with another man. I was trying to leave my husband because of a very lengthy battle of control. This other man that re-entered my life had shown me that I could have a life of love instead of a life of unhappiness. We moved in together and I got pregnant. I was still married to the other man. He admits that he is not the father and says the other man is. When the baby was born we were told that my husbands name had to go on the birth certificate. Later I found out that I was lied to. In fact I could have had the DNA testing right there in the hospital after the baby was born and they didn't even tell me about it. Now my husband's name is on the birth certificate and we are getting a divorce. I want my baby's REAL father on the birth certificate. He is a great dad, he supports me and the baby to the best of his abilities and he is wonderful to the rest of my children. What should I do? How do I go about doing it?

[Jeanne M Hannah]

Dana,

Certainly what you propose can be done. However, it is complicated enough that you would have to schedule a consultation with me in order to obtain guidance.

Jeanne Hannah

[jaime willsen]

I am a single woman planning to get pregnnat by a known donor. He states he wants nothing to do with the child and would like to give up his rights immediately upon the birth. Can this be done? Does he even need to go on the birth certificate?

[Jeanne M Hannah]

Hello Jaime,

Most states will not allow a biological father to terminate his parental rights unless there is a step-father waiting in the wings to adopt (and support) the child. Additionally, most states will not allow a mother to bargain away the child's right to support by the father.

There are many possible problems here. (1) What will you do if the father decides to assert his parental rights? (2) The hospital will ask you for the identity of the father per policy after welfare reform in the 1990s. What will you say?

I've written an article about two mothers who used donated sperm from a known donor and the support and parentage issues that arose. You may read "One, two three GO!" at http://jeannehannah.typepad.com/blog_jeanne_hannah_traver/2007/07/one-two-three-g.html

A law review article "Caveat Vendor: Potential Progeny, Paternity, and Product Liability Online" explains the legal difficulties. You may read that online here. http://findarticles.com/p/articles/mi_qa3736/is_200701/ai_n21186045

Additionally, do explore Single Mothers by Choice at this URL:

http://www.singlemothersbychoice.com/

[greg Sutliff]

I am a father that got a married woman pregnant but she was living with me at the time she told me she was going through a divorce, after she was 4 months along she left me went back to her husband and because of that Michigan law I can not get a dna test done and My other 5 year old and I will never see my son someone needs to help all of us fathers out this is so wrong!

[Jeanne M Hannah]

Greg,

Your case is not at all uncommon these days. The lesson to be learned is that if you are involved with a married woman and she becomes pregnant, in the current state of the law in Michigan, you will not be able to protect your parental rights if she returns to her husband.

In some states the law is different. Even then, unless the putative father forms a substantial parent-child relationship, that father will not be able to protect his parental rights.

Jeanne M. Hannah

[Tim]

In the state of Michigan with alimony payments can you stipulate that the receiving spouse not be allowed to have a boyfriend and if she does that the payments will be stopped? if both parties agree to it and the divorce in non modifiable. Also what constitutes a boyfriend?

[Cheyenne]

I was dating a man when my ex boyfriend forced me to marry him using the treat of violence. Aftwards, I tried to get an annullment but he refused to agree. I found out I was pregnant two weeks later and the father is my current boyfriend. I gave birth in Ohio so I had to put my husband's name on the birth certificate. Me and my boyfriend have raised our son as his mother and father since day one. I am finally able to file for divorce and want to exclude my husband as the father. He has never seen my son and has nothing to do with us despite being considered his legal father. Is there any hope of getting his birth certificate changed?

[Jeanne M Hannah]

Cheyenne,

There are many facts missing from your question that make it difficult to answer -- because I need to know if Michigan law will apply. (a) Do you now reside in Michigan? (b) Is your "current boyfriend" the biological father of your son? (c) How much time has elapsed -- in other words, how old is your son?

Even so, it is likely possible to get the birth certificate changed. How much it would cost is a function of whether or not your husband would cooperate. In my experience, rather than to be held liable for child support, many men will sign the necessary documentation to establish non-paternity. This can be done in conjunction with the divorce.

Please contact me at 231-275-5600 for more information or for an appointment. Jeanne M. Hannah

[Mike]

I have a question. My wife and I split up this summer and she is now pregnet. My wife and I have since decided to get back together. Do I have to adopt the baby or am I going to be listed as the father on the birth certificate? What are the rights of the biological father? Am I commiting fraud since I know that I am not the biological father? I live in Michigan.

[Jeanne M Hannah]

Mike:

In Michigan, a child born during the marriage is presumed to be a child of the marriage. The biological father of your wife's child will have no legal rights to parenting time with the child. You are not committing fraud by allowing your name to be listed as the father on the birth certificate. Hospitals automatically put the name of a woman's husband on the birth certificate.

[Mike:]

From post by Mike on October 30th, 2008 at 10:47

What if Mike had had a Vasectomy ? Are they committing fraud then?

[Jeanne Hannah]

Mike:

You are not committing fraud by allowing your name to be on the birth certificate. Michigan law provides that a husband is the legal father of a child born during the marriage. Thus, the hospital would list your name without your permission.

Under Michigan law, a man who impregnates another man's wife has no parental rights unless the husband and wife obtain a court order stating that the husband is not the father of the child. This usually, but not always, occurs during a divorce. Some men father the child for so many years that they are then considered an "equitable parent." An equitable parent has the same parental rights as a legal parent.

If a biological father challenged paternity, he could not prevail. It this occurs with you and your wife, call me and I'll help you with this issue. Jeanne M Hannah

[Silvia]

The law varies from state to state.
A friend of a friend was in a similar situation years ago. She got pregnant at a young age by her old boyfriend. While still pregnant she realized he was a loser and left him. He never wanted anything to do with her or the child. Soon after the child was born she met her husband who raised her child as his own. The child grew up thinking his step-father was his father. When he was about 9 years old the biological father came back. He too had spent time in prison for assaults and was now married and wanted to have a "family". He hired a lawyer to get visitation rights to his son. The poor child had to be told that his father wasn't his father. The idiot judge was upset at the mother for "denying" the father his parental rights. He forced her to send her child to this "stranger's" house for unsupervised weekend stays. Whenever she tried to not send her son (he was afraid of staying there) she was threatened with jail. This went on for months when the man finally robbed and assaulted an old woman who almost died from her injuries. He went back to jail. The judge forced the mother to take her son monthly for visits. Eventually her lawyer was able to get the visitation thrown out.
In my view paternity IS NOT biological link only.

[Jennifer]

I am a married woman who has been separated from my husband for a year and a half. I start seeing someone else and did get pregnant. I found out My husband and I have since reconciled. I want to do what is best for this child. The biological dad wants to part of the child's life and I want him to be part as well. Is there anything we can do? Could my husband give up his rights or is that only done in a divorce? Are we stuck. All three of us want to do what is right for this child. My husband and I have 4 children together already. I am also scared if the biological dad does get rights that if something happens to me that the new child would be separated from the other four. I am not sure what to do but want to do right by this child. Thank you

[Jeanne Hannah]

Jennifer,

You have raised some important questions. I can give you answers if you will call for a consultation. But the scope of your inquiry is too broad to be answered here. You can call me at 1-231-275-5600 or email me at jeannemhannah@charter.net

[Jamie]

I live in Michigan. My son's father has only seen him about 12 times in his life and my son is four years old. He has recently told me that he would like to sign off his rights to our son (mostly to lift the financial burden of paying the child support). I am not married and was never married, and he is not on my son's birth certificate. Is there a way that he may sign off his rights to our son and stop the child support? I am willing to cut all ties with him as he does not want to be a part of our child's life.

Thank you if you can help!

Jamie

[Suzy]

In the last few days my husband and I have found out that he possibly has a 2 year old son living in MI. The mother of the child had one night with my husband around the same time she got pregnant. There was no long term relationship between them and shortly after this my husband and I met and we began dating. We then found out she was pregnant however she claimed (and I think believed at the time) that the baby was her partners and that all was well. The baby was born and her fiance signed the affidavit of parentage, the two of them have raised the baby together the last 2 years. Sadly their relationship has ended and the mother has contacted us to ask for a DNA test. She says that she just wants to establish paternity for peace of mind and that she intends to raise the child alone. I would like to know what rights my husband and I have, this is a big shock and we are unsure what the best way to proceed would be. We live 800 miles away and can hardly afford to pay our bills month to month, we would really appreciate some help in understanding our situation better.

[Jeanne Hannah]

Suzy, I recommend you wait and see. Certainly your husband should not volunteer parentage. If the mother (or more likely the prosecuting attorney) sues to establish parentage, at the very least your husband should demand a DNA test. Perhaps it is not his child. Moreover, in Michigan, a child can have only one legal father. Therefore, this mother cannot establish paternity in your husband until she is successful in disestablishing paternity in her boyfriend. He could defend on that grounds.

[Tara Wilkinson]

I have a question for you. My husband and I have been married for 4 years. Due to his impotence issues, we decided on an "open" relationship to help "satisfy" certain needs. I used protection with a man with whom I don't remember his name... Despite protection, I got pregnant. My husband demanded I get an abortion to "clear up the problem," but because I am against abortion I refused and am now almost 8 months pregnant. My husband has decided to stay in the marriage (even though he threatened to leave in the beginning) and help raise the baby "as his."

Since I'm 8 months pregnant, and the baby's due pretty soon, I have some questions about the birth certificate matter. My husband feels it's fraud to put his name on the certificate, since he's not the father. Is it fraud? Should I put unknown for the baby's father? And I've heard that because this baby will be born into our marriage, even though he's not the father, he still has rights and is considered the "legal" father. What are the issues regarding this situation, and how can I obtain more info on this subject? I've tried searching the internet, but haven't found anything really pertaining to my situation.

[Jeanne M Hannah]

Hello Tara,

Here's the answer to your question: The information that you have is correct. Under Michigan law, your husband is presumed to be the biological father of your child. I am happy that he has decided to remain with you and to help raise the child, particularly since your child apparently would not otherwise have a father.

The hospital will automoatically put your husband's name on the birth certificate. This is not fraudulent. This Blog post has much information and there are 43 comments, most of which have answers. Do relax and have a happy marriage and a happy family. Jeanne Hannah