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1 chapters · 163 sections in this title.
Mich. Comp. Laws § 710.21 Short title of act; Michigan adoption code.
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Sec. 21. (1) This act shall be known and may be cited as the "probate code of 1939". (2) This chapter shall be known and may be cited as the "Michigan adoption code".
Mich. Comp. Laws § 710.21a General purposes of chapter.
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Sec. 21a. The general purposes of this chapter are: (a) To provide that each adoptee in this state who needs adoption services receives those services. (b) To provide procedures and services that will safeguard and promote the best interests of each adoptee in need of adoption an…
Mich. Comp. Laws § 710.21b Court order or decree issued in another country; rights and obligations of parties.
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Sec. 21b. A court order or decree establishing the relationship of parent and child by adoption and issued by a court in another country is presumed to be issued in accordance with the laws of that country and shall be recognized in this state. The rights and obligations of the p…
Mich. Comp. Laws § 710.22 Definitions.
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Sec. 22. As used in this chapter: (a) "Adoptee" means the individual who is to be adopted, regardless of whether the individual is a child or an adult. (b) "Adoption attorney" means an attorney acting as counsel in an adoption proceeding or case. (c) "Adult former sibling" means …
Mich. Comp. Laws § 710.22a Adoption placement or issuance of order prohibited; convictions.
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Sec. 22a. A child shall not be placed with a prospective adoptive parent and an adoption order shall not be issued if a person authorized to place the child or the court authorized to issue the order has reliable information that the prospective adoptive parent has been convicted…
Mich. Comp. Laws § 710.23 Hearing appeal brought under MCL 400.115k; powers of court.
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Sec. 23. The court has jurisdiction to hear an appeal brought under section 115k of the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.115k of the Michigan Compiled Laws. The court may set aside, affirm, reverse, or modify a final determination of t…
Mich. Comp. Laws § 710.23a Direct placement by parent or guardian of child for adoption; temporary placement; formal placement; selection by parent or guardian not delegated; information to be provided by prospective adoptive parent, adoption attorney, or child placing agency; placement of child with stepparent or relative; attendance of child at hearing.
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Sec. 23a. (1) A parent or guardian having legal and physical custody of a child may make a direct placement of the child for adoption by making a temporary placement under section 23d of this chapter or a formal placement under section 51 of this chapter. A temporary placement be…
Mich. Comp. Laws § 710.23b Placement of child by child placing agency or department of social services; written authorization from parent or guardian for temporary placement; assistance; involvement of parent or guardian in selection of adoptive parent; validity of authorization.
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Sec. 23b. (1) A child placing agency or the department that acquires legal and physical custody of a child pursuant to section 29 of this chapter or chapter XIIA may formally place a child for adoption under section 51 of this chapter. A child placing agency that acquires written…
Mich. Comp. Laws § 710.23c Placement of child by court.
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Sec. 23c. A court that acquires legal and physical custody of a child pursuant to chapter XIIA may formally place a child for adoption under section 51 of this chapter.
Mich. Comp. Laws § 710.23d Temporary placement; procedures.
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Sec. 23d. (1) In a direct placement, a parent or guardian with legal and physical custody of a child may make a temporary placement of the child as prescribed by this section. In an agency placement, a child placing agency with written authorization from the parent or guardian as…
Mich. Comp. Laws § 710.23e Temporary placement; hearing to determine custody; petition; ex parte order to return child to parent or guardian; petition requesting court jurisdiction; temporary disposition; powers of court; act as exclusive remedy.
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Sec. 23e. (1) Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by a prospective adoptive parent as permitted in section 23d(6) of this chapter, or by a child placing agency as required by section 23d(7) of this…
Mich. Comp. Laws § 710.23f Preplacement assessment.
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Sec. 23f. (1) In a direct placement, an individual seeking to adopt may request, at any time, that a preplacement assessment be prepared by a child placing agency. (2) An individual requesting a preplacement assessment does not need to have located a prospective adoptee when the …
Mich. Comp. Laws § 710.23g Requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited.
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Sec. 23g. In accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, a child placing agency shall not be required to provide adoption services if those adoption services conflict with, or provide adoption services under circumstances that conflict with, th…
Mich. Comp. Laws § 710.24 Petition for adoption; filing; jurisdiction; verification; contents; preplacement assessment; omission of certain identifying information.
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Sec. 24. (1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that pers…
Mich. Comp. Laws § 710.24a Interested parties; appointment of guardian to defeat parent's status as interested party.
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Sec. 24a. (1) Interested parties in a petition for adoption are all of the following: (a) The petitioner or petitioners. (b) The adoptee, if over 14 years of age. (c) A minor parent, adult parent, or surviving parent of an adoptee, unless 1 or more of the following apply: (i) The…
Mich. Comp. Laws § 710.25 Proceedings; priority; disposition; adjournment or continuance.
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Sec. 25. (1) All proceedings under this chapter shall be considered to have the highest priority and shall be advanced on the court docket so as to provide for their earliest practicable disposition. (2) An adjournment or continuance of a proceeding under this chapter shall not b…
Mich. Comp. Laws § 710.26 Documentation required; informing adoptee and adoptive parents of MCL 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; applicability of subsection (2); providing adoptee and adoptive parents with list of adoption support groups; applicability of subsection (3).
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Sec. 26. (1) Subsequent to or concurrent with the filing of the adoption petition but before the hearing on the petition by the court, the petitioner, the department, an employee or agent of the court, or a child placing agency, as appropriate, shall file all of the following doc…
Mich. Comp. Laws § 710.27 Nonidentifying information to be provided prospective adoptive parent; time of submission; supplemental information; compilation; maintenance; transmission; destruction of information as misdemeanor; forwarding adoption records; adoptions to which section applicable; exchanging identifying information.
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Sec. 27. (1) Before placement of a child for adoption, a parent or guardian, a child placing agency, the department, or the court that places the child shall compile and provide to the prospective adoptive parent a written document containing all of the following nonidentifying i…
Mich. Comp. Laws § 710.27a Statement consenting to or denying release of identifying information; statement providing notice that former parent deceased; statement releasing adult former sibling's name and address; presumption of release of certain identifying information.
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Sec. 27a. (1) A former parent, including a former parent whose parental rights were terminated under chapter XII of this act, may file with the central adoption registry a statement consenting to or denying the release of the identifying information about that parent specified in…
Mich. Comp. Laws § 710.27b Central adoption registry; establishment; maintenance; statements to be kept on file; forms; transmission of clearance reply; attachments; transmission of statement releasing former adult sibling's name and address.
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Sec. 27b. (1) The department shall establish and maintain a central adoption registry to control the release of identifying information described in section 27(3). (2) The central adoption registry shall keep on file the statements of former parents consenting to or denying the r…
Mich. Comp. Laws § 710.28 Release; persons authorized to execute; release to child placing agency or department; advising parent or guardian of child placing agencies; advising agencies of child's availability for adoption; release of child by agency to department; child as state ward; proof accompanying release.
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Sec. 28. (1) Subject to this section and section 29 of this chapter, a release shall be executed: (a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances: (i) The rights of the parent have been terminated by a court of compete…
Mich. Comp. Laws § 710.29 Release; separate instrument; persons before whom release executed and acknowledged; execution in another state or country; out-of-court release; verified statement; investigation; explaining legal rights to parent or guardian; order terminating rights; order committing child to child placing agency or department; foster care funding; termination of jurisdiction; hearing to consider revocation of release.
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Sec. 29. (1) Except as otherwise provided in subsections (5) to (11), a release shall be by a separate instrument executed before a judge of the court or a juvenile court referee. If a parent's or guardian's release is executed before a judge or referee as provided in this subsec…
Mich. Comp. Laws § 710.31 Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execution of mother's release.
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Sec. 31. (1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by the court…
Mich. Comp. Laws § 710.33 Notice of intent to claim paternity.
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Sec. 33. (1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may file a verified notice of intent to claim paternity with the court in any county of this state. The form of the notice shall be prescribed by the director …
Mich. Comp. Laws § 710.34 Ex parte petition evidencing intent to release or consent; notice of intent to release or consent; form.
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Sec. 34. (1) In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody of an expected child or in the mother's intended release of an expected child for adoption or consent to adoption of the expected child, and in o…
Mich. Comp. Laws § 710.36 Hearing to determine whether child born out of wedlock and to determine identity and rights of father; filing proof of service of notice of intent or acknowledgment; copy of notice of intent to claim paternity; notice of hearing; contents; filing proof of service of notice of hearing; waiver; evidence of identity; affidavit or verified written declaration; finding; adjournment of proceedings.
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Sec. 36. (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her spouse, and the release or consent of the natural father cannot …
Mich. Comp. Laws § 710.37 Termination of rights of putative father.
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Sec. 37. (1) If the court has proof that the person whom it determines pursuant to section 36 to be the father of the child was timely served with a notice of intent to release or consent pursuant to section 34(1) or was served with or waived the notice of hearing required by sec…
Mich. Comp. Laws § 710.39 Inquiry into fitness of putative father; determining best interests of child; termination of rights of putative father; determination that rights of putative father not be terminated; use of mother or guardian release or consent relinquishing rights to child; order granting custody to putative father and legitimating child; fee; report.
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Sec. 39. (1) If the putative father does not come within the provisions of subsection (2), and if the putative father appears at the hearing and requests custody of the child, the court shall inquire into his fitness and his ability to properly care for the child and shall determ…
Mich. Comp. Laws § 710.41 Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody.
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Sec. 41. (1) Except as provided in section 23d of this chapter, a child shall not be placed in a home for the purpose of adoption until an order terminating parental rights has been entered pursuant to this chapter or chapter XIIA and the court has formally approved placement und…
Mich. Comp. Laws § 710.43 Consent to adoption; persons authorized to execute.
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Sec. 43. (1) Subject to this section and sections 44 and 51 of this chapter, consent to adoption of a child shall be executed: (a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances: (i) The rights of the parent have been ter…
Mich. Comp. Laws § 710.44 Consent to adoption; separate instrument; persons before whom consent executed and acknowledged; execution in another state or country; verified statement; investigation; explaining legal rights of parent or guardian; conditions to execution of adoptee's consent to adoption; out-of-court consent.
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Sec. 44. (1) Except as otherwise provided in this section, the consent required by section 43 of this chapter shall be by a separate instrument executed before the judge having jurisdiction or, at the court's direction, before another judge of the family division of circuit court…
Mich. Comp. Laws § 710.45 Withholding of consent by representative or court; motion by petitioner; decision by court; termination of rights; entering orders; appeal.
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Sec. 45. (1) A court shall not allow the filing of a petition to adopt a child if the consent of a representative or court is required by section 43(1)(b), (c), or (d) of this chapter unless the petition is accompanied by the required consent or a motion as provided in subsection…
Mich. Comp. Laws § 710.46 Investigation; considerations; report; waiver.
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Sec. 46. (1) Upon the filing of an adoption petition, the court shall direct a full investigation by an employee or agent of the court, a child placing agency, or the department. The court may use the preplacement assessment described in section 23f of this chapter and may order …
Mich. Comp. Laws § 710.51 Order terminating rights of parents or person in loco parentis; placement of child with petitioner; extension of time; conditions; child as ward of court; termination of jurisdiction; marriage of petitioner to parent having legal custody; placement without making child ward of court; evidence; order terminating rights of divorced or unmarried parent not having legal custody; conditions; consent to services for child by prospective adoptive parents.
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Sec. 51. (1) Not later than 14 days after receipt of the report of investigation, except as provided in subsections (2) and (5), the judge shall examine the report and shall enter an order terminating the rights of the child's parent or parents, if there was a parental consent, o…
Mich. Comp. Laws § 710.52 Supervision of child; reports.
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Sec. 52. (1) Subject to subsection (2), during the period before entry of the order of adoption, the child shall be supervised at the direction of the court by an employee or agent of the court, a child placing agency, or the department, who shall make reports regarding the adjus…
Mich. Comp. Laws § 710.54 Prohibitions as to money or other consideration or thing of value; statement; compensation for certain activities prohibited; payment of charges; documents filed with court; assuring compliance; approval of fees and expenses; violation.
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Sec. 54. (1) Except for charges and fees approved by the court, a person shall not pay or give, offer to pay or give, or request, receive, or accept any money or other consideration or thing of value, directly or indirectly, in connection with any of the following: (a) The placin…
Mich. Comp. Laws § 710.55 Persons authorized to place child for adoption or advertise for, solicit, or recruit biological or adoptive parents or guardians; violation as misdemeanor; penalty; “advertise for, solicit, or recruit” defined.
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Sec. 55. (1) Only a person specified in sections 23a(1), 23b(1), and 23c of this chapter may place a child for adoption. A prospective adoptive parent may advertise for, solicit, or recruit biological parents or guardians of potential adoptees for the purposes of a court-supervis…
Mich. Comp. Laws § 710.55a Representation by attorney.
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Sec. 55a. (1) An attorney shall not represent a party in a direct placement adoption unless the attorney is an adoption attorney. An attorney or law firm shall not serve as the attorney for, or provide legal services to, both a parent or guardian and a prospective adoptive parent…
Mich. Comp. Laws § 710.56 Order of adoption; time; waiver; extension of time; hearing; effect of filing petition for rehearing or appeal from order terminating parental rights; conditions; adoption of adult.
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Sec. 56. (1) Except as otherwise provided in this subsection, 6 months after formal placement under section 51 of this chapter, unless the court determines that circumstances have arisen that make adoption undesirable, the court may enter an order of adoption. Upon the motion of …
Mich. Comp. Laws § 710.58 Order of adoption; certified copies.
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Sec. 58. When the court enters an order of adoption, certified copies shall be given to the adopting parent or parents. If the consent to the adoption was given by a duly authorized representative of the department, of a child placing agency, or of a public or licensed private ag…
Mich. Comp. Laws § 710.58a Information to be forwarded by court; “primary adoption facilitator” and “public information form” defined.
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Sec. 58a. (1) Beginning on the effective date of section 14c of Act No. 116 of the Public Acts of 1973, being section 722.124c of the Michigan Compiled Laws, the court shall forward to the department, not later than 15 days after the entry of an order of adoption pursuant to sect…
Mich. Comp. Laws § 710.59 Changing name of adopted child; effect on order of adoption and exemplification of record.
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Sec. 59. Where the parents or surviving parent has given consent to an adoption and the petitioner desires to change the name of the adopted child, the order of adoption and exemplification of record shall not contain the name of the child's natural parents or the name bestowed u…
Mich. Comp. Laws § 710.60 Adoptee to be known and called by new name; status and liability of persons adopting adoptee; rights and duties of adopted person; adopted person as heir at law; order for grandparenting time.
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Sec. 60. (1) After the entry of an order of adoption, if the adoptee's name is changed, the adoptee shall be known and called by the new name. The person or persons adopting the adoptee then become the parent or parents of the adoptee under the law as though the adopted person ha…
Mich. Comp. Laws § 710.62 Effect of denying order of adoption.
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Sec. 62. If the court denies an order of adoption, the court may return the child to the parents or original custodian and restore their rights, or make a disposition appropriate for the welfare of the ward as is authorized by section 18 of chapter 12a by an ex parte order entere…
Mich. Comp. Laws § 710.63 Denial of petition or motion or failure to issue order; statement by court.
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Sec. 63. A court that denies a petition or motion, or fails to issue an order under this chapter shall state the reason for that action on the record or in writing.
Mich. Comp. Laws § 710.64 Rehearing; modifying or setting aside order; entering order with respect to original hearing or rehearing of contested matters.
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Sec. 64. (1) Upon the filing of a petition in court within 21 days after entry of any order under this chapter, and after due notice to all interested parties, the judge may grant a rehearing and may modify or set aside the order. (2) The court shall enter an order with respect t…
Mich. Comp. Laws § 710.65 Appeal to court of appeals; staying court order pending appeal; priority.
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Sec. 65. (1) A party aggrieved by an order that is entered by the court under this chapter, including an order entered after a rehearing, may appeal the order to the court of appeals as of right not later than 21 days after the order is entered by the court or not later than 21 d…
Mich. Comp. Laws § 710.66 Adult adoptee; rescinding adoption by stepparent and restoring parental rights of parent; rescission petition; filing new certificate of birth; hearing; certified copies; effect of entry of order of rescission.
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Sec. 66. (1) If an adult adoptee who was adopted by a stepparent and the adult adoptee's parent whose rights have been terminated desire to rescind the adoption by the stepparent and restore the parental rights of that parent, they shall file a rescission petition with the court …
Mich. Comp. Laws § 710.67 Disposition of adoption records; copying or inspecting records; petition; notice and hearing; granting or denying petition; disclosing names of biological or adoptive parents; certified copy of new birth certificate; powers and duties of children's ombudsman.
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Sec. 67. (1) Except as otherwise provided in subsection (4) or in section 68 of this chapter, records of proceedings in adoption cases, including a notice filed under section 33(1) of this chapter, and a petition filed under section 34(1) of this chapter, and the papers and books…
Mich. Comp. Laws § 710.68 Nonidentifying and identifying information; request; availability; release; request for adoption record information; identity of court or child placing agency; counseling; list of adoption support groups; transmitting information of medical or genetic condition; return of information undelivered; placement of information in adoption files; releasing or transmitting copies; information returned undelivered; notice to department of community health; sealing original and preparing new birth certificate; release of identifying information as misdemeanor; adoptions to which section applicable; "adult adoptee" defined; fees; waiver; powers and duties of children's ombudsman.
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Sec. 68. (1) Within 63 days after a request for nonidentifying information is received, a child placing agency, a court, or the department shall provide in writing to the adoptive parent, adult adoptee, former parent, or adult former sibling requesting the information all of the …