MICHIGAN

 Any person may adopt; married couples must file jointly for an adoption.

Who Can Be Adopted?

 Any person may be adopted.

Consent to Adoption

 The following persons must consent to the adoption:

 (1) both natural parents;

 (2) the department or agency who has custody of the child;

 (3) the court if it has custody of the child;

 (4) the adoptee's appointed guardian; and

 (5) the adoptee, if over 14 years of age.

 (6) If the natural parent is a minor, that parent's consent is not validunless his or her parent, guardian, or guardian ad litem given such authorityby the court has also consented.

 (7) In a stepparent adoption, a parent that does not have legal custody of thechild, and whose parental rights have not been terminated, must consent.

If a person whose consent is required has not given consent within a reasonabletime, the court may determine whether the withholding of consent is``arbitrary and capricious." If this is found, the court mayterminate the rights of that representative and waive his/her consent.

 Consent of the natural parent(s) is not required if

 (1) the rights of the parent have been terminated;

 (2) the child has been released for the purposes of adoption to achild-placing agency;

 (3) a guardian of the child or the parent has been appointed; or

 (4) a parent having legal custody of the child is married to the petitioner.

 If the child is born out of wedlock and the consent of the father cannot beobtained, the adoption shall not take place until the parental rights of thefather are terminated. While the mother is waiting for the father's rights tobe terminated she may terminate her own parental rights. A man claimingpaternity will be presumed to be the father unless the mother denies hispaternity.

 A putative father's rights may be terminated under the followingcircumstances:

 (1) he denies any interest in custody of the child;

 (2) he was given notice of the adoption and he did not respond;

 (3) he fails to appear at a hearing and denies his interest in the child;

 (4) if his identity is known but his whereabouts are unknown and reasonableefforts have been made to find him and he has not provided support or care forthe child or the mother for at least 90 days; or

 (5) if his identity is unknown and he has not provided for the child's care orprovided support for the mother during her pregnancy.

 If the putative father requests custody, the court shall determine his fitnessand ability to properly care for the child and whether giving custody to himwould be in the child's best interest.

Confidentiality

 Records from the adoption proceedings are to be kept in a locked file andcannot be inspected, except on a court order.

 Nonidentifying information, such as medical history, ethnicity, religion, andeducational level of natural parents must be maintained by the child-placingagency or by the court that places an adoptee. This nonidentifying informationis available to the adoptive parents at the time of the placement for adoption.

 All identifying information on biological parent(s) may be released to theadult adoptee if, at the time of the adoption, the biological parent(s) haveconsented to the release of this information. This release may be revoked bythe biological parent at any time. If the biological parent is deceased,identifying information will be released. Parents file their denials orconsents regarding the release of information with the central adoptionregistry.

Permissible Fees

 Except for charges and fees approved by the court, a person shall not offer,give, or receive any money or other payment in connection with the following:

 (1) placing a child for adoption;

 (2) the registration, recording, or communication of the existence of a childavailable for adoption;

 (3) a release, a consent, or a petition for adoption.

Place of Adoption Hearing

 The hearing can take place in the county where the adoptive parents or adopteelives.

Authority To Place Child

 A private organization licensed to place children for adoption or the StateDepartment of Social Services are authorized to place a child for adoption.

Relative Adoption

 There are no provisions in the law regarding relative adoptions.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

State Bar of Michigan
306 Townsend Street
Lansing, MI 48933-2083
(517) 372-9030

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