"Who's Your Daddy:" Michigan Supreme Court Decide Whether Presumption Of Paternity Controls Over DNA Test

Also on today’s agenda is People v Zajackowski, Supreme Court No. 143736. The Defendant was convicted of first degree of CSC for sexually assaulting his half-sister. The wrinkle comes in that DNA tests show that the Defendant and the complainant are not related. The Defendant’s birth certificate shows a common father and he was born during a union between his admitted mother and this man. The common law had very strict presumptions of legitimacy for most purposes. The question is whether the Defendant can challenge the claim about who is his father is in the CSC case. Here is a link to the Defendant’s brief, the Family Law Section’s brief, and the Prosecutor’s brief.