Michigan Laws 700.2114.amended – Parent and child relationship
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Terms Used In Michigan Laws 700.2114.amended
- Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
- Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Decedent: A deceased person.
- Descendant: means , in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act. See Michigan Laws 700.1103
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- Intestate: Dying without leaving a will.
- Issue: means an individual's descendant. See Michigan Laws 700.1105
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106
- Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106
- Probate: Proving a will
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
(1) Except as provided in subsections (2) to (4), for purposes of intestate succession by, through, or from an individual, an individual is the child of the individual’s natural parents, regardless of their marital status. The parent and child relationship may be established and the individual may be considered a child of the individual’s natural parent in any of the following manners:
(a) If a child is born or conceived during a marriage, both spouses are presumed to be the natural parents of the child for purposes of intestate succession. If 2 individuals participated in a marriage ceremony in apparent compliance with the law before the birth of a child, even though the attempted marriage may be void, the child is presumed to be their child for purposes of intestate succession.
(b) If a child is born out of wedlock or if a child is born or conceived during a marriage but is not the issue of that marriage, an individual who did not give birth is considered to be the child’s natural parent for purposes of intestate succession if any of the following occur:
(i) The individual who did not give birth joins with the child’s mother and acknowledges that child as his child by completing an acknowledgment of parentage as prescribed in the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(ii) The individual who did not give birth joins the mother in a written request for a correction of certificate of birth pertaining to the child that results in issuance of a substituted certificate recording the child’s birth.
(iii) The individual who did not give birth and child have established a mutually acknowledged relationship of parent and child that begins before the child becomes age 18 and continues until terminated by the death of either.
(iv) The individual who did not give birth is determined to be the child’s parent and an order of filiation establishing that paternity or parentage is entered as provided in the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(v) Regardless of the child’s age or whether or not the individual with a claim to parentage has died, the court with jurisdiction over probate proceedings relating to the decedent‘s estate determines that the individual who did not give birth is the child’s parent, using the standards and procedures established under the paternity act, 1956 PA 205, MCL 722.711 to 722.730, or other law of this state.
(vi) The individual who did not give birth is determined to be the parent in an action under the revocation of parentage act, 2012 PA 159, MCL 722.1431 to 722.1445.
(c) A child who is not conceived or born during a marriage is an individual born in wedlock if the child’s parents marry after the conception or birth of the child.
(d) A child conceived by assisted reproduction with the consent of an individual consistent with the assisted reproduction and surrogacy parentage act is considered the child of the intended parent or parents for purposes of intestate succession.
(e) A child conceived by assisted reproduction under a surrogacy agreement that complies with the assisted reproduction and surrogacy parentage act is considered the child of the intended parent or parents for purposes of intestate succession.
(2) An adopted individual is the child of the child’s adoptive parent or parents and not of the child’s natural parents, but adoption of a child by the spouse of either natural parent has no effect on either the relationship between the child and that natural parent or the right of the child or a descendant of the child to inherit from or through the other natural parent. An individual is considered to be adopted for purposes of this subsection when a court of competent jurisdiction enters an interlocutory decree of adoption that is not vacated or reversed.
(3) The permanent termination of parental rights of a minor child by an order of a court of competent jurisdiction; by a release for purposes of adoption given by the parent, but not a guardian, to the department of health and human services or a licensed child placement agency, or before a probate or juvenile court; or by any other process recognized by the law governing the parent-child status at the time of termination, excepting termination by emancipation or death, ends kinship between the parent whose rights are so terminated and the child for purposes of intestate succession by that parent from or through that child.
(4) Inheritance from or through a child by either natural parent or the child’s kindred is precluded unless that natural parent has openly treated the child as the natural parent’s child and has not refused to support the child.