2.4​Notice of Intent to Release Expected Child

“In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody of an expected child or in the mother’s intended release of an expected child for adoption . . ., and in order to facilitate early placement of a child for adoption, a woman pregnant out of wedlock may file with the court an ex parte petition which evidences her intent to release her expected child for adoption . . . .”²⁶ MCL 710.34(1). See Section 3.19 for a detailed discussion of identifying putative fathers.

For a checklist on a notice of intent to release expected child for adoption, see the Michigan Judicial Institute’s Adoption Release Checklist (Notice of Intent to Release Expected Child for Adoption).

A.​Petition Requirements

The ex parte petition must be verified and include all of the following information:

(1) The approximate date and location of the child’s conception.

(2) The expected date of the mother’s confinement.

(3) The name(s) of the alleged putative father(s).²⁷

(4) A request that the court inform the putative father of his right to file a notice of intent to claim paternity under MCL 710.33.²⁸ MCL 710.34(1).

B.​Issuance of Notice

“Upon the filing of the petition, the court shall issue a notice of intent to release . . ., which notice shall be served upon the putative father by any officer or person authorized to serve process of the court. Proof of service shall be filed with the court.”²⁹ MCL 710.34(1). See MCR 3.802(A)(1), which also requires the notice of intent to release under MCL 710.34(1) to “only be served by personal service by a peace officer or a person authorized by the court.”

The notice of intent to release form must be approved by the State Court Administrator and contain all of the following information:³⁰

“(a) Indicate the approximate date and location of conception of the child and the expected date of confinement of the mother.

(b) Inform the putative father of his right under [MCL 710.33(1)) to file a notice of intent to claim paternity before the birth of the child.

(c) Inform the putative father of the rights to which his filing of a notice of intent to claim paternity will entitle him under [MCL 710.33(3)].

(d) Inform the putative father that his failure to file a notice of intent to claim paternity before the expected date of confinement or before the birth of the child, whichever is later, shall constitute a waiver of his right to receive the notice to which he would otherwise be entitled under [MCL 710.33(3)] and shall constitute a denial of his interest in custody of the child, which denial shall result in the court’s termination of his rights to the child.” MCL 710.34(2)-(3). See Section 3.18 for a detailed discussion on filing a notice of intent to claim paternity under MCL 710.33.

Part 1B—Child Protective Proceedings