Legal Question in Family Law in Michigan
A pregnant woman marries a man who is not the biological father before she gives birth. Once the baby is born she lists the husband as the father on the birth certificate. The could then gets divorced and agrees on joint custody in their divorce papers. Since the man never adopted the child as his own, does he even have legal rights to the child and can the mother remove him from the birth certificate?
Asked on 9/26/11, 6:49 am
1 Answer from Attorneys
William Stern
William Stern, P.C.
My understanding is that the man to whom the woman is married is the father. The mother cannot unilaterally change the birth certificate. The man to whom she is married has all the rights that any other father would have.
Answered on 9/26/11, 7:15 am