In Re KH

We granted leave to appeal in this case to determine whether our court rules, MCR 5.900 et seq.,1 allow a biological father to request a paternity determination during a child protective proceeding in which the subject children have a legal father. We hold that our court rules do not permit a biological father to participate in a child protective proceeding where a legal father exists. Indeed, where a legal father exists, a biological father cannot properly be considered even a putative father.

Under Michigan law, a presumption of legitimacy attaches to a child bom or conceived dining an…