MARITAL PRESUMPTION OF LEGITIMACY

In Michigan, there is a presumption that a child conceived during a marriage is fathered by the mother's husband. Thus the mother's husband becomes known as the legal father of a child conceived during their marriage regardless of whether he is the biological father of that child. The Marital Presumption is derived from Lord Mansfield's Rule and has its roots in English law. The goal of the presumption is to avoid bastardizing a child. "[ T]he current state of the law in Michigan is that a putative [biological] father of a child born in wedlock [conceived while the biological mother was married to another man] has no constitutional liberty interest relative to commencing a paternity action and requesting custody or parenting time regardless of a biological connection to the child and the presence of a parent-child relationship." Sinicropi v Mazurek, 273 Mich.App. 149, 170; 729 N.W.2d 256 (2006). This presumption can only be overcome if both the husband and wife testify that they did not have access to each other at the time the child was conceived and the court finds by clear and convincing evidence that the child is not an issue of the marriage. This hearing is known as a Serafin Hearing. Only after the biological mother or legal father petitions the court to eliminate the husband as legal father and  a court determines that the child is not issue of the marriage may the biological father step in and seek parenting rights.