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One Court of Justice Blog

February 22, 2014

MSC holds that a purported father is not required to attest to his parentage under the Acknowledgement of Parentage Act

In In re E.R. Moles, the Michigan Supreme Court reversed by order, in lieu of granting leave to appeal. The Court held that under the Acknowledgement of Parentage Act, “an acknowledging father is not required to attest that he is the biological father.” Accordingly, the Court of Appeals “erred in concluding that the parties’ knowledge of the possibility that respondent was not the biological father of the child was sufficient to demonstrate either fraud or misrepresentation under MCL 722.1437(2).” The Court also held that the “circuit court similarly erred when, in partial reliance on the DNA identification profiling results, it granted the petition for revocation of the acknowledgment of parentage.” The Court then remanded the matter to the circuit court.

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