Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws Michigan may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Michigan child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Comp. Laws §§ 722.124b(c)-(d); 722.956
The following terms are defined as follows:
''Adoption facilitator'' is a child-placing agency or attorney who assists a birth parent or adoptive parents with adoption.
''Primary adoption facilitator'' is the adoption facilitator who files court documents on behalf of the adoptive parents.
The adoption facilitator shall:
Provide needed services
Provide the pamphlet prepared by the department describing the adoption process
Describe to the birth parent the process of selecting adoptive parents
Provide to adoptive parents any available nonidentifying information about the child
Disclose to adoptive parents all known information about the child's medical or psychological needs.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 710.54(3)
Medical, hospital, nursing, or pharmaceutical expenses incurred by the birth mother or adopted person
Counseling services related to the adoption
Living expenses, legal fees, and travel expenses
Birth Parent Expenses Not Allowed
Citation: § 710.54(3)
Medical expenses that are covered by the birth mother's insurance or Medicaid
Living expenses beyond 6 weeks after the birth of the child
Allowable Payments for Arranging Adoption
Citation: § 710.54(1),(2)
A person shall not pay or receive compensation for:
Arranging placement or consent for adoption
Referring a parent to a prospective adoptive parent or vice versa
Allowable Payments for Relinquishing Child
Citation: § 710.54(6)
Payment for expenses shall not be contingent on:
Release of the child or consent to the adoption
Cooperation in the completion of the adoption
Accounting of Expenses Required by Court
Citation: § 710.54(7)
At least 7 days before placement of the child, a verified accounting, with receipts attached, shall be filed with the court itemizing all payments made, or agreed to be made, in connection with the
adoption.
The petitioner's attorney and the child-placing agency shall also submit statements itemizing the services performed and the compensation received.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Comp. Laws § 710.43
Consent to adoption shall be executed by:
Each parent or the surviving parent
The authorized representative of the department or of a child-placing agency to whom the child has been permanently committed by an order of the court or to whom the child has been released
The court or by a Tribal court having permanent custody of the child
The guardian of the child, if a guardian has been appointed
The guardian of a parent, if a guardian has been appointed
The authorized representative of a court or child-placing agency of another State or country that has authority to consent to adoption
If the parent of the child to be adopted is an unemancipated minor, that parent's consent is not valid unless a parent, guardian, or guardian ad litem of that minor parent has also executed the consent.
The guardian of the child to be adopted or a parent shall not execute a consent to that child's adoption unless the guardian has first obtained authority to execute the consent from the court that appointed
the guardian.
Age When Consent of Adoptee is Considered or Required
Citation: Comp. Laws § 710.43
A child who is age 14 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Comp. Laws §§ 710.37; 710.43; 710.51(6)
The court may permanently terminate the rights of the putative father when he:
Submits a verified affirmation of his paternity and a denial of his interest in custody of the child
Files a disclaimer of paternity
Was served with a notice of intent to release or consent at least 30 days before the expected date of birth but failed to file an intent to claim paternity either before the expected date of birth or before
the birth of the child
Is given proper notice of hearing but either fails to appear at the hearing or appears and denies his interest in custody of the child
Has not made provision for the child's care and did not provide support for the mother during her pregnancy
Has not provided support for the mother, has not shown any interest in the child, and has not made provision for the child's care, for at least 90 days preceding the hearing required under § 36
Consent to adoption of a child shall be executed by each parent or the surviving parent, except under the following circumstances:
The rights of the parent have been terminated.
The child has been released for the purpose of adoption to a child-placing agency or the department.
A guardian of the child has been appointed.
A guardian of a parent has been appointed.
A parent having legal custody of the child is married to the petitioner.
If the spouse of a custodial parent wants to adopt the child, the court may terminate the rights of the other parent if both of the following occur:
The other parent, having the ability to support the child, has failed or neglected to provide regular and substantial support for the child for a period of 2 years or more.
The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more.
When Consent Can Be Executed
Citation: Comp. Laws §§ 710.31; 710.44
If a child is born out of wedlock and the release or consent of the birth father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by
the court.
Pending the termination of the rights of the father, the mother may execute a release terminating her rights to the child. At the request of the mother, her formal execution of a release or consent shall
be delayed until after court determination of the status of the putative father's request for custody of the child.
If the consent of a parent or guardian is required, the consent shall not be executed until after the judge, referee, or other authorized individual has fully explained to the parent or guardian the
legal rights of the parent or guardian and the fact that the parent or guardian by virtue of the consent voluntarily relinquishes permanently his or her rights to the child.
If the adopted person's consent to adoption is required, the consent shall not be executed until after the judge or referee has fully explained to the adopted person the fact that he or she is consenting
to acquire permanently the adopting parent or parents as his or her legal parent or parents as though the adopted person had been born to the adopting parent or parents.
Revocation of Consent
Citation: Comp. Laws § 710.29
The person who granted consent may petition the court for a hearing on whether to grant revocation.
A release may not be revoked if the child has been placed for adoption, unless the child was placed as provided by § 710.41(2) [while an appeal of a termination of parental rights is pending], and
a petition has been filed for a rehearing within the time required.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 710.33(1); 710.34(1)
The putative father must file, under oath, a verified notice before the child's birth.
The putative father must complete a Department of Public Health form.
The birth mother may file an ex parte petition that requests the court to notify the putative father about his rights to file a notice to claim paternity.
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