Last week the Michigan Legislature approved Senate Bills 557 and 560, and House Bills 5328-5329 that would give biological fathers rights to their children, even if the mothers were married to other men at the time of birth.
“The legislation gives biological fathers the moral right and opportunity to be involved parents,” said Attorney Leving.
Senate Bill 557 and House Bill 5328 would pass the Revocation of Paternity Act and allow the other bills to modify various related statutes in order for biological fathers to pursue legal action, filing a claim challenging the presumption of the mother’s husband as being the father, to gain paternal rights and custody of their children. House Bill 5329 allows for courts to continue jurisdiction by reopening the case at the request of the biological father. Senate Bill 560 would amend the Estates and Protected Individuals Code and allow for children to inherit the estate of their biological fathers.
Currently the Michigan Law presumes that if a woman is married to a man that is not the biological father of her children, her husband is to be acknowledged as the father of the children, making him responsible for their support and denying parental rights to their biological father. This law is archaic and unconstitutional.
The bills currently await Michigan Governor Rick Snyder's signature.
For more information contact Jennifer Whiteside at 312-296-3666.