Faske v. Bonanno

Michigan Court of Appeals

Faske v. Bonanno

357 N.W.2d 860, 137 Mich. App. 202

CourtMichigan Court of Appeals

DecidedSeptember 5, 1984

DocketDocket 74210

StatusPublished

Cited by5 cases

This text of 357 N.W.2d 860 (Faske v. Bonanno) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Faske v. Bonanno, 357 N.W.2d 860, 137 Mich. App. 202 (Mich. Ct. App. 1984).

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Opinion

Per Curiam.

Defendant appeals as of right from an order of paternity entered September 20, 1983, following a bench trial held on plaintiffs action under the Michigan Paternity Act, MCL 722.711 et seq.; MSA 25.491 et seq. Blood tests admitted, on stipulation of the parties showed a 99.8% probability that the defendant was the child’s father.

Defendant does not seriously contest the finding of paternity but claims that it is unjust to order support when the plaintiff fraudulently represented that she was taking birth control pills, when she in fact was not taking them. Therefore, defendant argues, plaintiff should not be allowed to advance her fraud by placing the financial burden on the defendant.

No Michigan decision has ruled on this issue. However, other jurisdictions have resolved the issue against defendant. Stephen K v Roni L, 105 Cal App 3d 640; 164 Cal Rptr 618 (1980); Hughes v Hutt, 500 Pa 209; 455 A2d 623 (1983); L Pamela P v Frank S, 59 NY2d 1; 462 NYS2d 819; 449 NE2d 713 (1983). We see no reason why Michigan should rule differently.

Fraud or misrepresentation as to contraceptive protection by the mother should not be a defense under Michigan’s Paternity Act. Parents have an obligation to support their children and the circumstances of a child’s conception do not give rise to an exception to that rule. A parent cannot, merely by virtue of being the parent, waive, release, or compromise a child’s claim in a paternity action. Tuer v Niedoliwka, 92 Mich App 694, 698-699; 285 NW2d 424 (1979). Since a child may not *204 suffer for a parent’s release of the child’s claim, neither should the child suffer from one of the parents’ "fault” regarding the conception.

Affirmed.

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Per Curiam.

Defendant appeals as of right from an order of paternity entered September 20, 1983, following a bench trial held on plaintiffs action under the Michigan Paternity Act, MCL 722.711 et seq.; MSA 25.491 et seq. Blood tests admitted, on stipulation of the parties showed a 99.8% probability that the defendant was the child’s father.

Defendant does not seriously contest the finding of paternity but claims that it is unjust to order support when the plaintiff fraudulently represented that she was taking birth control pills, when she in fact was not taking them. Therefore, defendant argues, plaintiff should not be allowed to advance her fraud by placing the financial burden on the defendant.

No Michigan decision has ruled on this issue. However, other jurisdictions have resolved the issue against defendant. Stephen K v Roni L, 105 Cal App 3d 640; 164 Cal Rptr 618 (1980); Hughes v Hutt, 500 Pa 209; 455 A2d 623 (1983); L Pamela P v Frank S, 59 NY2d 1; 462 NYS2d 819; 449 NE2d 713 (1983). We see no reason why Michigan should rule differently.

Fraud or misrepresentation as to contraceptive protection by the mother should not be a defense under Michigan’s Paternity Act. Parents have an obligation to support their children and the circumstances of a child’s conception do not give rise to an exception to that rule. A parent cannot, merely by virtue of being the parent, waive, release, or compromise a child’s claim in a paternity action. Tuer v Niedoliwka, 92 Mich App 694, 698-699; 285 NW2d 424 (1979). Since a child may not *204 suffer for a parent’s release of the child’s claim, neither should the child suffer from one of the parents’ "fault” regarding the conception.

Affirmed.

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Bluebook (online)

357 N.W.2d 860, 137 Mich. App. 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faske-v-bonanno-michctapp-1984.

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