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Michigan Adoption Laws

Michigan adoption law tries to include all family members in a child's adoption. State law requires the birth parents and the prospective adoptive parents to take part in the process. Even an older adoptive child's consent is necessary for a successful adoption in Michigan.

The adoption process used to require adoptees' placement with a third party until the adoption was complete. Now, adoptive families can have their children while waiting for the completion of the adoption process. This article reviews other Michigan adoption laws.

Types of Adoptions in Michigan

Michigan law allows for many different types of adoptions. The most common adoptions are:

  • Infant adoptions. In an infant adoption, the birth parents can take part in the adoption process if they wish.
  • Agency adoptions. The birth parents release the child to the adoption agency, which selects prospective parents from their applicant list. Most agencies allow the parents to help choose the adoptive parents and share identifying information if both sides agree. Temporary placement is possible with agency adoptions.
  • Direct placement adoptions. The birth parents select the adoptive parents, transfer custody, and consent to the adoption. Until the adoption is complete, the birth parents keep all parental rights.
  • State and court ward adoptions. When the court orders termination of parental rights, children become wards of the court or the state. Termination of rights only happens when all other family reconciliation efforts have failed, and it is in the best interests of the child that parental rights end. The Michigan Department of Health and Human Services (DHS) handles placing state and court wards.
  • Relative adoptions. When possible, relatives adopt state and court wards. DHS and most family courts have assistive services to help relatives adopt children of family members.
  • Stepparent adoptions. After a divorce, stepparents can adopt children with the consent of the non-custodial parent. Courts may involuntarily terminate the non-custodial parent's rights if that parent has "significantly failed" their parental responsibilities.
  • Interstate and international adoptions. Out-of-state adoptions must follow the Interstate Compact on the Placement of Children (ICPC). All states have offices to handle interstate adoptions. State and private child-placing agencies must follow the ICPC. The Hague Convention governs international adoptions. These laws protect children and adoptive parents from child traffickers.
  • Adult adoption. Adults may adopt other adults if they consent to adoption. Adult adoption sometimes happens so that the adoptee becomes the adopter's heir.

The Adoption Process

Michigan adoptions begin when a prospective parent files a petition with the court to adopt a particular child. The petition must include a consent form signed by the birth parent, the placement agency, DHS, or the court.

The court orders a home study to ensure the prospective family meets the adoptee's best interests. If the preplacement assessment is sufficient, the court next:

  • Issues an order terminating the parental rights
  • Makes the adoptee a ward of the court
  • Orders placement of the child in adoption
  • Assigns an agent to monitor the first six months of adoption

The judge signs the adoption order once the court knows the placement serves the adoptee's best interests.

Temporary placement

An infant or child can go to the adoptive parents after they file the petition while the adoption process is underway. Temporary placement lets infants go from the hospital to their adoptive home without spending time in a foster home or care center.

Other Considerations in Michigan Adoptions

Michigan's adoption code defines who may and may not place children for adoption. Among other considerations:

  • Courts must terminate the parental rights of the birth mother and the birth father before the adoption of a child. If a parent is unavailable, courts must make "diligent efforts" to locate them before the court will end their rights.
  • Children 14 years of age and older must consent to their own adoption.
  • Faith-based adoption services can refuse placement of a child to otherwise qualified adoptive parents if they feel the parents conflict with their sincerely held religious beliefs (MCL § 722.124e). Such groups must refer parents to a compatible agency in these situations.

Costs of Adoption in Michigan?

Adoption costs and fees vary. Private adoption agencies may charge a home assessment fee. The court reimburses the fee if a family adopts a child from the Michigan foster care system. Most families are only responsible for court filing fees and new birth certificates. Speak with an adoption attorney or ask the adoption agencies if they have any upfront fees.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

Michigan Adoption Laws: Related Resources

Get Legal Advice from a Michigan Adoption Attorney

Adopting a child should be a joyful experience. Prospective parents don't need to navigate state, federal, and international laws. Get legal advice about your adoption from an experienced Michigan adoption attorney.

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