Legal Question in Family Law in Michigan
Illigitimate Child, Paternity, Estate, & Adoption Question
My son was born in MI in 1993. I was divorced 6 months prior to birth & didn't know I was pregnant. Natural father wasn't my husband. I was unable to put the natural father on the birth certificate. I told friend of the court that My exhusband was not the father,was told they couldn't pursue child support from him,though he was legally the parent. I told them the name of natural father.I later moved to Iowa.The natural father made no contact to establish paternity, tho I tried. I later married my current husband who adopted my son. My exhusband willingly gave up parental rights the Summer of 2000 in WI. I never thought I had any hope to get my son's natural father to come forward after all this time. I assumed that according to the law, I would be told again that my ex usband was the father I moved back to Michigan. My son's natural father was killed October 30,leaving no heirs except for a girlfriend and his brothers. The toxicology Lab has promised to retain a beaker for dna testing. I know that the child was not mentioned in the will and the lawyer was in disbelief when he heard he had a son, My son is the only known child. Does my son have any rights to this estate?
1 Answer from Attorneys
Re: Illigitimate Child, Paternity, Estate, & Adoption Question
Hello, I have received you e-mail regarding the death of your son's father. First, Michigan law, MCL 700.2114, states that there are 4 tests to determine whether a man is considered to be the child's natural father for the purposes of intestate (without a will)succession. The only one that applies to the question here is the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
Second, the adoption of a child by the spouse of either natural parent has no effect on the relationship between the child (or the child's descendants) and that natural parent for inheritance purposes UNLESS there has been an order of termination of parental rights by a court with jurisdiction. (and I read this to mean term of parental rights of a natural parent, not your first husband)
Finally, an adopted child can take inheritance from natural parent where rights have not been terminated but the natural parent who allowed the adoption cannot inherit from his deceased child. in other words, it only works one way.
I hope this has been of some assistance. If you would like further information please feel free to call my associate, Karen Crusse. Thank you. John C. Talpos (248)743-6800 (http://www.Mich-Lawyer.com)
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