Chapter 1: Introduction

1.1Establishment of the Michigan Adoption Code

In Michigan, adoption was created purely by statute and did not exist in the common law. Slattery v Hartford-Connecticut Trust Co, 254 Mich 671, 675 (1931); In re MKK, 286 Mich App 546, 558 (2009). The Adoption Code was established for the following general purposes:

“(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 and that will protect the rights of all parties concerned. If conflicts arise between the rights of the adoptee and the rights of another, the rights of the adoptee shall be paramount.

(c) To provide prompt legal proceedings to assure that the adoptee is free for adoptive placement at the earliest possible time.

(d) To achieve permanency and stability for adoptees as quickly as possible.

(e) To support the permanency of a finalized adoption by allowing all interested parties to participate in proceedings regarding the adoptee.” MCL 710.21a.

“Because the Adoption Code is in derogation of the common law, it must be strictly construed.” In re Dawson 232 Mich App 690, 696 (1998). If the statutory provisions of the Adoption Code are not substantially complied with, the adoption fails. Slattery, 254 Mich at 675.