Michigan Adoption Laws, Page 3

e-mail

Consent Laws

Who Must Consent to an Adoption

• 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

• 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

• 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

• 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

• 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)

Adoption Attorney-IL

Over 20 years adoption experience. Works with private/agency/related & intercountry

http://www.iladoptionlawyer.com

Adoption Directory

Find adoption agencies, services and professionals.

adoptiondirectory.com

Adoption Disruption Help

Transitions Group Home Out-of-home placement andcounseling

www.transitionsgrouphome.com