6.3Who May Make a Formal Placement
Under MCL 710.55(1), only the following may formally place a child for adoption:
(1) A parent or guardian, with legal and physical custody of the child, making a direct placement, MCL 710.23a(1).
(2) A child placing agency or the department with legal and physical custody of a child pursuant to a release of parental rights or the Juvenile Code, MCL 710.23b(1).
(3) A court with legal and physical custody of a child under the Juvenile Code, MCL 710.23c.
“A person who violates [MCL 710.55] is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both, for the first violation, and of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both, for each subsequent violation. The court may enjoin from further violations any person who violates [MCL 710.55].” MCL 710.55(2).
A.Parent or Guardian Placement
“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 formal placement under [MCL 710.51.]” MCL 710.23a(1). MCL 710.23a(2) requires the parent or guardian to “personally select a prospective adoptive parent in a direct placement[,]” and prohibits the selection from being delegated. However, “[a] child placing agency may assist a parent or guardian to make a direct placement under [MCL 710.23a].” MCL 710.23b(1).
“[A]n adoption facilitator shall allow the parent or guardian the option of selecting from the adoption facilitator’s entire pool of potential adoptive parents who have been determined suitable to be adoptive parents of adoptees.”MCL 722.957(3). For a discussion on adoption facilitators, see Section 8.2(B)(2).
MCL 710.23a(4) also permits “[a] parent or guardian having legal and physical custody of a child [to] make a formal placement of the child for adoption under [MCL 710.51] with a stepparent or a relative.”
For a detailed discussion on direct placement adoptions, stepparent adoptions, and relative adoptions, see Sections 8.2–8.4.
“A child placing agency or the department that acquires legal and physical custody of a child pursuant to [MCL 710.29] may formally place a child for adoption under [MCL 710.51].” MCL 710.23b(1). The child placing agency or the department “may involve the parent or guardian of a child in the selection of an adoptive parent and may facilitate the exchange of identifying information or meetings between a biological parent and an adoptive parent.” MCL 710.23b(2). If the “parent or guardian selects or participates in the selection of the adoptive parent, an adoption facilitator shall allow the parent or guardian the option of selecting from the adoption facilitator’s entire pool of potential adoptive parents who have been determined suitable to be adoptive parents of adoptees.”MCL 722.957(3).
For a discussion on adoption facilitators, see Section 8.2(B)(2).