1.3Overview of Adoption Process
This section generally summarizes the steps in the adoption process.
A.Step One - Indian Child Involved
The first step in the adoption process is to determine whether an Indian child is involved. If the proceeding involves an Indian child, regardless whether a parent’s parental rights are being voluntarily or involuntarily terminated, the court must follow the mandates of the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., the Code of Federal Regulations implementing ICWA, 25 CFR Part 23, and the Michigan Indian Family Preservation Act (MIFPA), MCL 712B.1 et seq.
However, regardless of when the court discovers an Indian child is the subject of the adoption, it must adhere to the ICWA and the MIFPA requirements. See Chapter 11 for a detailed discussion of the ICWA’s and the MIFPA’s substantive and procedural mandates.
For a flowchart on the applicability of the ICWA and MIFPA, see the Michigan Judicial Institute’s Applicability of ICWA/MIFPA (Are ICWA and MIFPA Requirements Applicable to the Case Flowchart).
B.Step Two - Voluntary or Involuntary
The second step in the adoption process is to determine whether a parent’s parental rights are being voluntarily or involuntarily terminated. There are different standards that apply to voluntary and involuntary terminations.
For a flowchart depicting the adoption process in voluntary termination cases, see the Michigan Judicial Institute’s Voluntary Termination of Parental Rights, and for a flowchart depicting the adoption process in involuntary termination cases, see the Michigan Judicial Institute’s Involuntary Termination of Parental Rights.
1.Voluntary Termination
A parent may voluntarily relinquish his or her parental rights over his or her child:
(a) By releasing his or her parental rights under the Adoption Code;
(b) During the course of a child protective proceeding; or
(c) By consenting to his or her child’s adoption under the Adoption Code.
A parent may only release a child to the Department of Health and Human Services (DHHS) or a child placing agency. MCL 710.28(5). See Sections 2.2–2.4 for a detailed discussion on releases.
b.Voluntary Termination During Child Protective Proceedings
A parent may voluntarily terminate his or her parental rights during a child protective proceeding by doing one of the following:
•Executing a release and termination of parental rights under the Adoption Code. See Sections 2.2–2.4. Note that a release requires both parents’ parental rights over a child to be terminated. See MCL 710.22(u); MCL 710.28(1)(a); MCL 710.29(8).
•Parties stipulate to specific facts and court finds based on those facts sufficient grounds for termination of parental rights under the Juvenile Code and finds that termination is in the child’s best interests. See In re Toler, 193 Mich App 474, 477 (1992); MCL 712A.19b(5). See Section 2.5.
A parent may voluntarily relinquish his or her parental rights and consent to the child’s placement with a specific adoptive parent. See MCL 710.22(l); MCL 710.44(1); MCL 710.44(8). See Sections 2.6–2.9 for a detailed discussion of consent adoptions.
Under a consent to adopt, a parent may consent to a direct placement adoption, a stepparent adoption, or a relative adoption. See MCL 710.22(o); MCL 710.23a(4); MCL 710.43(7).
Direct Placement Adoption. A direct placement adoption occurs when the biological parent or guardian selects an adoptive parent and transfers his or her physical custody of the child to the prospective adoptive parent. MCL 710.22(o). See Section 8.2. Before the adoption can go forward, the other parent’s parental rights must be voluntarily terminated under a consent to adopt, voluntarily terminated under the Juvenile Code, or involuntarily terminated. See Sections 2.6–2.9 (consent adoptions), Section 2.5 (voluntary termination during child protective proceedings), and Sections 2.10–2.11 (involuntary termination).
After the adoptive parent is selected, the parent or guardian may directly place the child temporarily or formally with the adoptive parent. MCL 710.23a(1). See Chapter 5 on temporary placement and Chapter 6 on formal placements.
Stepparent Adoption. A stepparent adoption occurs when the custodial parent marries and his or her spouse petitions to adopt the custodial parent’s child, and either the other parent consents to the adoption or the court terminates the other parent’s parental rights. MCL 710.23a(4); MCL 710.43(7); MCL 710.51(6). See Section 8.3.
Relative Adoption. A relative adoption occurs when a custodial parent formally places the child with a relative. MCL 710.23a(4). See Section 8.4. Before the adoption can go forward, the other parent’s parental rights must be voluntarily terminated under a consent to adopt, voluntarily terminated under the Juvenile Code, or involuntarily terminated. See Sections 2.6–2.9 (consent adoptions), Section 2.5 (voluntary termination during child protective proceedings), and Sections 2.10–2.11 (involuntary termination).
The court may involuntarily terminate a parent’s parental rights under the Adoption Code or the Juvenile Code. See MCL 710.37; MCL 710.39; MCL 710.51(6); MCL 712A.19b. See Sections 2.10–2.11 for a detailed discussion of involuntary termination.
Because the procedures for involuntary termination of a putative father’s parental rights differ from the procedures followed for involuntary termination of a legal father’s parental rights, it is important to establish the type of father involved. See Section 3.2 for a detailed discussion of the types of fathers.
Under the Adoption Code, a mother or a legal father’s parental rights may only be involuntary terminated under a stepparent adoption. See MCL 710.51(6); MCR 3.903(A)(7); MCR 3.903(A)(18). Involuntary termination of a putative father’s parental rights under the Adoption Code may be terminated under MCL 710.37 (uninterested putative father), MCL 710.39 (interested putative father), or MCL 710.51(6) (stepparent adoption). See Section 2.10 for a discussion of each of these types of involuntary termination.
The court may involuntarily terminate a parent’s parental rights as a result of child protective proceedings under the Juvenile Code. MCL 712A.19b(3).
A discussion of the involuntary termination of parental rights under the Juvenile Code is outside the scope of this benchbook. See the Michigan Judicial Institute’s Child Protective Proceedings Benchbook.