Parental Rights
Michigan

Last Updated: December 2016
Question Answer

Does the state allow for termination of rapists' parental rights over any child born from that rape?

Yes

Can all, some, or none of these parental rights be terminated?

Some

What are the parental rights termination details?

If child custody is contested, then custody and parenting time shall not be awarded to men who fathered through rape. However, the rapist father's rights cannot be terminated unless child custody is first in dispute.

Are there exceptions to the laws which allow for termination of rapists' parental rights?

Yes

What are the exceptions details?

No parental rights termination proceedings for rapists if the victim and rapist later "cohabit" or the rapist was charged with sexual conduct in the 3rd degree. Additionally, parental rights can only be terminated when child custody is first in dispute. 

Statutory citation(s):

See Mich. Comp. Laws Serv §§ 722.25 and 722.27a.

What is the type of proof required to terminate rapists' parental rights?

Clear and convincing evidence or conviction

What are the type of proof details?

N/A

Type of proof statutory citation(s):

See Mich. Comp. Laws Serv § 722.25.

Does the state allow for restrictions on rapists' adoptive rights?

No

What are the adoptive right details?

N/A

Adoptive rights statutory citation(s):

N/A

Does the state require that rapists pay child support even after parental rights have been terminated?

No




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