You have asked us to advise you of the current law for each state in Region V regarding
the appearance of the father's name on the birth certificate of a nonmarital child.
Specifically, you have asked us to determine whether state law requires either the
father's written consent or a court determination of paternity before the father's
name can be entered on the birth certificate of a child born out of wedlock. You have
also asked us to determine whether state law requires the father's written consent
or a court determination of paternity before the birth certificate can show the child's
surname to be that of the father's. Our findings are as follows:
In Michigan, “if [a] child's mother was not married at the time of conception or birth, the name
of the father shall not be entered on the [birth certificate] without the written
consent of the mother and without the completion, and filing with the state registrar,
of an acknowledgement of parentage by the mother and the individual to be named as
father.” MICH. COMP. LAWS ANN. § 333.2824(2) (West 2001). Thus, the father's consent is required
before his name can be entered on the birth certificate of a nonmarital child. If
the paternity of a child is determined by the court, Michigan law provides that “the name of the father shall be entered on the [birth certificate] as found and ordered
by the court.” MICH. COMP. LAWS ANN. § 333.2824 (4). Therefore, a court determination of paternity
would alternatively be required before the father's name can appear on the birth certificate
of a nonmarital child.
Michigan law also contains specific provisions regarding the designation of a surname
for a nonmarital child. If an acknowledgement of parentage has been completed in accordance
with the statute regarding paternity determinations, the surname of the child is designated
by both parents. MICH. COMP. LAWS ANN. § 333.2824(2). If there is no acknowledgment
of parentage, the child is given the surname designated by the mother. MICH. COMP.
LAWS ANN. § 333.2824(3). The mother also designates the surname if the child's paternity
was determined by the court. MICH. COMP. LAWS ANN. § 333.2824(4). Because it is unlikely
that one can discern from the birth certificate of a nonmarital child whether the
father's surname was used pursuant to an acknowledgement of parentage or a court determination
of paternity, and because the law provides different rules for designating surnames
depending on which method is used to establish paternity, one cannot presume that
the father's consent or a court order was obtained if the birth certificate shows
the child's surname to be that of the father. This is also true, given that the mother
can choose whatever surname she pleases, if she is unmarried and no acknowledgment
of parentage was executed.
MICH. COMP. LAWS ANN. § 333.2824(3).
CONCLUSION
These are the current requirements for the appearance of the father's name and the
child's surname on the birth certificate of a nonmarital child in each of the six
states in our region. As requested, we have appended a chart detailing the above information
and effective dates for your use.
Thomas W. C~
Regional Chief Counsel
By: _______________________
Kathryn A. B~
Assistant Regional Counsel
Michigan
| Written Consent Father's Name |
Yes — 9/30/78 |
| Court Order Father's Name |
Yes — 9/30/78 |
| Written Consent Child's Surname |
No — 9/30/78 |
| Court Order Child's Surname |
No — 9/30/78 |