Dispute over a child’s surname; Right to decide a child’s surname; MCL 333.2824; Garling v. Spiering; Paternity; In re MKK; In re Miller; Establishing paternity where a child is born out of wedlock; The Paternity Act (MCL 722.711 et seq.); The Acknowledgment of Parentage Act (MCL 722.1001 et seq.); The Genetic Parentage Act (MCL 722.1461 et seq.); MCL 333.2801; MCL 333.1104(1); MCL 333.2824(3) & (4)

[This is a modified summary.] The court held that the trial court erred by granting plaintiff-father’s request to change the parties’ child’s surname to one defendant-mother did not choose. Plaintiff and defendant, both high schoolers, were dating, but eventually broke up. Shortly thereafter, defendant gave birth to a baby (genetic testing later showed plaintiff was the biological father). Plaintiff subsequently sought to establish paternity, custody, parenting time, and support, and requested that his name be added to the birth certificate, and that the child’s surname to be changed to his surname. The trial court entered a temporary order and allowed the name change. On appeal, the court found that the trial court erred by allowing the name change, noting that “the law gives the mother the legal right to choose the child’s surname.” The trial court’s “sole proffered reason for changing the surname the child’s mother had given the child was simply that plaintiff was the child’s biological father. This is not sufficient reason and contravenes the clear and unambiguous language of MCL 333.2824(4), which plainly states that ‘[i]f the paternity of a child is determined by a court of competent jurisdiction . . . [t]he surname of the child shall be entered on the certificate of birth as designated by the child’s mother.’” Reversed in part and vacated in part.