Adoption Law Michigan

ADOPTION
 
PROCEDURE
  1. The laws of the state for adoption is governed by the probate code.
  2. If a person desires to adopt a child or an adult shall file a petition with the court of the county in which the petitioner resides or where the adoptee is found.
  3. The petition for adoption shall be verified by each petitioner and shall contain the following information:
    1. name, date and place of birth, and place of residence of each petitioner, including the maiden name of the adopting mother;
    2. the name, date and place of birth, and place of residence if known of the adoptee;
    3. relationship, if any, of the adoptee to the petitioner;
    4. full name by which the adoptee shall be known after adoption;
    5. full description of the property, if any, of the adoptee;
    6. the names of the parents of the adoptee and the place of residence of each living parent if known.
    7. name and place of residence of the guardian of the person or estate of the adoptee, if any has been appointed.
  4. In a direct placement, the petitioner shall attach to the petition a verified statement certifying that the petitioner has been informed of the availability of counseling services and whether the petitioner has received counseling.
  5. In a direct placement, the petitioner shall attach a copy of a preplacement assessment of the petitioner completed or updated within 1 year before the petition is filed with a finding that the petitioner is suitable to be a parent of an adoptee.
  6. In a direct placement in which the parties have elected not to exchange identifying information, and the surname and place of residence of the adoptee may be omitted.
  7. The attorney or child placing agency assisting in the adoption shall file a verified statement containing the omitted information.
INVESTIGATION
  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.
  2. The court may use the pre-placement assessment and may order an additional investigation by an employee or agent of the court or a child-placing agency. The following shall be considered in the investigation:
    1. The best interests of the adoptee.
    2. The adoptee's family background, including names and identifying data regarding the parent or parents, if obtainable.
    3. The reasons for the adoptee's placement away from his or her parent or parents.
  3. A written report of the investigation shall be filed within 3 months after the order for investigation.
  4. If the adoptee has been placed for foster care with the petitioner for 12 months or longer and the foster family study was completed or updated not more than 12 months before the petition was filed, the court, upon motion by the petitioner, may waive the full investigation.
DOCUMENTATION REQUIRED
 
With the filing of the adoption petition but before the hearing on the petition by the court, all of the following documentation shall be filed:
  1. Except the case of parental consent to adoption, a copy of each release or order terminating parental rights over the child having a bearing upon the authority of a person to execute the consent to adoption.
  2. A copy of the order of commitment, if a commitment was made to a child placing agency or to the department.
  3. Proof of a guardian's appointment and authorization to execute the release or consent to the child's adoption.
  4. A copy of the consent to adoption as required in this chapter. If the consent is required pursuant to section 43(1)(b), (c), or (d) of this chapter, the consent shall be filed concurrently with the filing of the adoption petition unless a motion is filed pursuant to section 45 of this chapter.
  5. A copy of the adoptee's birth certificate, verification of birth, hospital birth registration, or other satisfactory proof of date and place of birth, if obtainable, unless this filing is waived by written order of the judge.
  6. The report of the investigation prepared pursuant to section 46 of this chapter.
  7. If the petition alleges nonsupport and noncommunication by a parent, as described in section 51(6), an affidavit verifying that fact.
  8. Any additional facts considered necessary by the court.
TEMPORARY PLACEMENT
 
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.
 
Requirements of a temporary placement
 
A temporary placement shall meet all of the following requirements:
  1. The prospective adoptive parent with whom a child is temporarily placed has had a preplacement assessment completed within 1 year before the date of the transfer with a finding that the prospective adoptive parent is suitable to be a parent of an adoptee.
  2. In a direct placement, the parent or guardian is assisted by an adoption attorney or a child placing agency.
  3. In the presence of a witness who also signs the document, the parent, guardian, or representative of the child placing agency signs a statement evidencing the transfer of physical custody of the child. If the parent making the temporary placement is an unemancipated minor, the statement is not valid unless it is also signed in the presence of the witness by a parent or guardian of that minor parent. The statement shall contain all of the following:
    1. The date of the transfer of physical custody.
    2. Language providing that the transfer is for the purpose of adoption by the prospective adoptive parent.
    3. Language indicating that unless the parent or guardian and the prospective adoptive parent agree otherwise, the prospective adoptive parent has the authority to consent to all medical, surgical, psychological, educational, and related services for the child
    4. Language indicating that the parent or guardian otherwise retains full parental rights to the child being temporarily placed and that the temporary placement may be revoked by the filing of a petition.
    5. Language providing that the person making the transfer has read a pre-placement assessment of the prospective adoptive parent completed or updated within 1 year before the date of the transfer with a finding that the prospective adoptive parent is suitable to be a parent of an adoptee. If a child placing agency makes the transfer of physical custody, the statement shall include a verification that the child placing agency has given the parent or guardian who authorized the temporary placement an opportunity to review the preplacement assessment.
    6. Even if only 1 parent is making the temporary placement, the name and address of both parents of the child, including in the case of a child born out of wedlock, the name and the address of each putative father of the child, if known.
  4. In the presence of a witness who also signs the document, the prospective adoptive parent signs a statement setting forth the date of the transfer of physical custody and the name and address of the prospective adoptive parent and attesting to all of the following:
    1. That the prospective adoptive parent understands that the temporary placement will not become a formal placement until the parents consent or release their parental rights and the court orders the termination of parental rights and approves the placement and that the prospective adoptive parent must relinquish custody of the child within 24 hours after being served with an order.
    2. That, if the prospective adoptive parent is a Michigan resident, the prospective adoptive parent agrees to reside with the child in Michigan until formal placement occurs.
    3. That the prospective adoptive parent agrees to obtain approval in compliance with the interstate compact on the placement of children, before the child is sent, brought, or caused to be sent or brought into a receiving state as that term is defined in section 1 of the interstate compact on the placement of children.
    4. That the prospective adoptive parent submits to this state's jurisdiction.
  5. Not later than 2 days, excluding weekends and holidays, after a transfer of physical custody of a child, the adoption attorney or child placing agency who assists with the temporary placement or the child placing agency that makes the temporary placement shall submit to the court in the county in which the child's parent or guardian or the prospective adoptive parent resides, or in which the child is found, a report that contains all of the following:
    1. The date of the transfer of physical custody.
    2. The name and address of the parent or guardian or the child placing agency who made the temporary placement.
    3. The name and address of the prospective adoptive parent with whom the temporary placement was made.
    4. Even if only 1 parent is making the temporary placement, the name and address of both parents of the child, including, in the case of a child born out of wedlock, the name of each putative father, if known.
  6. Not later than 30 days after the transfer of physical custody of a child under this section, the adoption attorney or child placing agency who assists with the temporary placement or the child placing agency that makes the temporary placement shall submit to the court that received the report indicating whether or not one of the following dispositions has occurred:
    1. A petition for adoption of the child has been filed.
    2. The child has been returned to the agency or to a parent or other person having legal custody.
  7. If the court has not received the report within 45 days after the transfer of physical custody of a child, the court shall immediately investigate and determine whether an adoption petition has been filed or the child has been returned to a parent or other person having legal custody.
  8. A parent or guardian who wishes to regain custody of a child who has been placed temporarily shall file a petition in the court that received the report requesting that the temporary placement be revoked and that the child be returned to the parent or guardian.
  9. Upon request of the parent or guardian, the adoption attorney or child placing agency who assisted in making the temporary placement shall assist the parent or guardian in filing the petition to revoke the temporary placement.
  10. If a prospective adoptive parent with whom a child has been temporarily placed is either unwilling or unable to proceed with the adoption, the prospective adoptive parent may file a petition in the court that received the report for disposition of the child.
  11. If a child placing agency that temporarily placed a child is unable to proceed with an adoption because of the unavailability of a parent or guardian to execute a release, or
  12. if a child placing agency with legal custody of a child decides not to proceed with the adoption by a prospective adoptive parent with whom the child has been temporarily placed and the prospective adoptive parent refuses upon the agency's request to return the child to the agency, the child placing agency shall file a petition in the court that received the report for disposition of the.
  13. Except as otherwise agreed to by the parties, the prospective adoptive parent with whom a child is temporarily placed under this section may consent to all medical, surgical, psychological, educational, and related services for the child.
FEES
  1. The cost of adoption varies greatly and depends on the type of adoption.
  2. The costs typically associated with adopting a child who is a permanent state or court ward are far less than a direct placement or private agency ward adoption.
  3. These costs include court filing fees and medical and legal documentation necessary to complete the adoption.
  4. Many of these costs can be reimbursed through the state's non-recurring expenses (NRE) program.
  5. Costs associated with direct placement adoptions can include birth parent expenses and agency fees.
  6. Michigan has the Adoption Facilitator Clearinghouse, which maintains information about adoption agencies serving a particular county or counties.
  7. Adoption Facilitator Clearinghouse can provide information about the actual costs adoptive parents incurred when adopting a direct placement child through a private adoption agency.


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