Michigan Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: § 710.43

  • Each parent or surviving parent
  • The authorized representative of the child-placing agency to whom the child has been released
  • The child's guardian
  • The court or tribal court having permanent custody
  • If the parent of the adoptee is a minor, the minor's parent

Age When Consent of Adoptee is Considered or Required

Statute: § 710.43

  • A child 14 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: §§ 710.37; 710.43; 710.51(6)

  • The putative father denies paternity or interest in custody.
  • The putative father fails to respond to notice of adoption.
  • The putative father is unknown, or his whereabouts are unknown, and he has not made provision for the child’s care.
  • If a putative father fails to file a notice of intent to claim paternity prior to the expected date of confinement or birth, he waives any rights to the child and thereby consents.
  • The parent fails to provide support.
  • Parental rights have been terminated or relinquished.
  • The noncustodial parent has failed for 2 years or more to support or communicate with the child.

When Consent Can Be Executed

Statute: §§ 710.29; 710.44; 710.34; 710.31

  • Consent may not be executed until after an investigation and a judge has explained their rights to the parents.
  • At the mother's request, her consent shall be delayed until the court determines the status of the putative father's request for custody.

How Consent Must Be Executed

Statute: §§ 710.29; 710.44

  • Release is executed before a judge or referee of the juvenile court.
  • If the release is given by an armed services member, incarcerated person, or agent of a child-placing agency, it is executed before a person authorized to administer oaths.
  • The parent must verify that counseling was received and no payment was offered.

Revocation of Consent

Statute: § 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.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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