Child is the "legal" child of a parent even in face of contrary DNA test

People v. Zajaczkowski, No. 295340 (Mich. App. July 26, 2011) (published)

This is a criminal case involving a charge of 1st Degree Criminal Sexual Conduct.  The defendant was accused of having improper sexual relations with his underage and much younger half-sister.  For his defense, he claimed that she was not his half-sister because he was not related to their common parent (his father).  Factually, he was his father's son: the divorce decree stated as much, the father paid child support, and held him out as his son.  Biologically, though, he was not his father's son as a DNA test revealed.

The defendant could not assert this test because a child born during a marriage is presumed to be a legitimate issue of the marriage.  The child, or anyone other than the mother and presumed legal father have a right to challenge the presumption of legitimacy.  The child lacked standing to do this and the father conceded the question of paternity in the earlier divorce and child support proceedings.

Although the defendant and victim were not related by affinity and in fact were not related by blood, he was properly convicted of 1st degree Criminal Sexual Conduct because they were related by blood as a matter of law.

This is an important principle for immigration cases where USCIS wants to question the legitimacy of a relationship between an in-wedlock child to the husband and wife.