In order to adopt a child or an adult, the adoptive parent must properly file a petition for adoption with the court. MCL 710.24(1). The court may not refuse to accept an adoption petition because it was not prepared by an attorney. See Const 1963, art 1, § 13.
If an adoptive parent is seeking adoption subsidies, the certification for a support subsidy must be made and both the adoptive parent and the department must have signed an adoption assistance agreement before the adoption is finalized. MCL 400.115g(1)(c). See Section 10.6 for information on adoption subsidies.
A single person, a married person jointly with his or her spouse, or in certain limited circumstances as set out under MCL 710.24(2), a married person individually without his or her spouse may petition the court for adoption. MCL 710.24(1)-(2). See Section 4.1.
“The petition for adoption shall be verified by each petitioner and shall contain the following information:
(a) The name, date and place of birth, and place of residence of each petitioner, including the maiden name of the adopting mother.
(b) Except as otherwise provided in [MCL 710.24(7)], the name, date and place of birth, and place of residence if known of the adoptee.
(c) The relationship, if any, of the adoptee to the petitioner.
(d) The full name by which the adoptee shall be known after adoption.
(e) The full description of the property, if any, of the adoptee.
(f) Unless the rights of the parents have been terminated by a court of competent jurisdiction or except as otherwise provided in [MCL 710.24(7)], the names of the parents of the adoptee and the place of residence of each living parent if known.
(g) Except as otherwise provided in [MCL 710.24(7)], the name and place of residence of the guardian of the person or estate of the adoptee, if any has been appointed.”1 MCL 710.24(4).
MCL 710.24(7) permits “[i]n a direct placement adoption in which the parties have elected not to exchange identifying information,[2] the information required by [MCL 710.24(4)(f)] and [MCL 710.24(4)(g)] and the surname and place of residence of the adoptee required under [MCL 710.24(4)(b)] [to] be omitted[, but requires t]he attorney or child placing agency assisting in the adoption [to] file a verified statement containing the omitted information.”
For a detailed discussion on direct placement adoptions, see Section 8.2.
The adoptive parent must file a petition for adoption where venue is proper. For a detailed discussion on proper venue, see Section 4.3(A).
Adoption petitions “may be served by mail under MCR 2.107(C)(3), e-mail under MCR 2.107(C)(4),[3] or electronic service under MCR 1.109(G)(6)(a).” See MCR 3.802(A)(4).
“If the court knows or has reason to know an Indian child is the subject of an adoption proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6),
(a) in addition to any other service requirements, the petitioner shall notify the parent or Indian custodian and the Indian child’s tribe, by personal service or by registered mail with return receipt requested and delivery restricted to the addressee, of the pending proceedings on a petition for adoption of the Indian child and of their right of intervention on a form approved by the State Court Administrative Office. If the identity or location of the parent or Indian custodian, or of the Indian child’s tribe, cannot be determined, notice shall be given to the Secretary of the Interior by registered mail with return receipt requested.
(b) the court shall notify the parent or Indian custodian and the Indian child’s tribe of all other hearings pertaining to the adoption proceeding as provided in this rule. If the identity or location of the parent or Indian custodian, or of the tribe, cannot be determined, notice of the hearings shall be given to the Secretary of the Interior. Such notice may be made by first-class mail.”4 MCR 3.802(A)(3).
Every interested party to an adoption must be served. See MCR 2.107(A)(1).
In a petition for adoption, the interested parties are:
(1) The petitioner(s).
(2) The adoptee, if over 14 years of age.
(3) The biological parents, unless:
(a) The parent’s parental rights were terminated or released.
(b) A guardian (for either the adoptee or the parent) has been appointed with specific authority to consent to an adoption.
(c) The parent’s rights have been released.
(d) The parent already consented to the adoption.
Note: Only the parent whose parental rights must be terminated in order to grant the adoption needs to consent. In re Munson, 210 Mich App 500, 503 (1995), superseded by statute on other grounds.5
(4) “The department or a child placing agency to which the adoptee has been, or for purposes of [MCL 710.24a(3)6] is proposed to be, released or committed by an order of the court.”
(5) An unemancipated minor parent’s parent, guardian, or guardian ad litem.
(6) The court with permanent custody of the adoptee.
(7) A court with continuing jurisdiction over the adoptee.
(8) Another state or country’s child placing agency with authority to consent to the adoption.
(9) Any interested party’s guardian or guardian ad litem.
(10) “If the court knows or has reason to know the adoptee is an Indian child,” in addition to the parties listed above, the Indian child’s tribe and Indian custodian (if applicable), or where the Indian child’s parent, Indian custodian, or tribe is unknown, the Secretary of the Interior.7 MCL 710.24a(1); MCR 3.800(B)(1)-(2).
In the interest of justice, the court may require additional parties to be served. MCL 710.24a(6).
MCL 710.24a(1) does not include a grandparent as an interested party, even if the grandparent had court-ordered visitation rights. In re Toth, 227 Mich App 548, 555 (1998).
Even if a guardian ad litem is appointed for a minor child, the guardian ad litem must have specific authority to consent to an adoption to be an interested party under MCL 710.24a(1). In re Toth, 227 Mich App at 555-556.
E.Required Supporting Documentation
At the time the adoption petition is filed, or after the petition is filed but before the petition hearing is held, the following documentation must be filed:
(1) A copy of each release or parental termination order, unless the parents have consented to the adoption.
(2) A copy of the commitment order, if the child was committed to a child placing agency or the department.
(3) Proof of a guardian’s appointment and his or her authorization to execute a release or consent to the child’s adoption.
(4) A copy of the consent to the child’s adoption.8
(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) Any investigative reports prepared under MCL 710.46.9
(7) An affidavit verifying any allegations on the petition that a parent failed to support and communicate with his or her child as described in MCL 710.51(6).10
(8) Any additional facts the court considers necessary. MCL 710.26(1).
In a direct placement adoption, the petitioner must also attach to the petition a verified statement certifying that he or she was informed of the availability of counseling services and whether he or she received the counseling. MCL 710.24(5). See Section 8.2 for information on direct placement adoptions, and Section 10.5 for more information on verified statements.
At or before the adoption petition hearing, the court must:
•“inform the adoptee, if he or she is 14 years old or older, and the adoptive parents of the provisions described in [MCL 710.27a (consenting to or denying release of identifying information)], [MCL 710.27b (central adoption registry)], [MCL 710.68 (releasing of identifying and nonidentifying information)], [MCL 710.68a (information pamphlet on releasing information)], and [MCL 710.68b (confidential intermediary)].”11 MCL 710.26(2).
•“provide the adoptee, if he or she is 14 years of age or older, and the adoptive parents with a list of adoption support groups.”12 MCL 710.26(3).
MCL 710.26(2)-(3) also applies to stepparent and relative adoptions.
1 See the SCAO Form PCA 301, Petition for Adoption. Because additional information is required for direct placement adoptions and a different SCAO form is used, see Section 8.2 for a detailed discussion of direct placement adoptions.
2 For additional information on identifying information, see Section 6.5(B).
3 “Notwithstanding any other provision of [MCR 2.107], until further order of the Court, all service of process except for case initiation must be performed using electronic means (e-Filing where available, email, or fax, where available) to the greatest extent possible. Email transmission does not require agreement by the other party(s) but should otherwise comply as much as possible with the provisions of [MCR 2.107(C)(4)].” MCR 2.107(G).
4 See Chapter 11 for a detailed discussion of adoption proceedings involving an Indian child.
5 See MCL 710.24(2) (permits a person to individually file a petition for adoption “without his or her spouse joining in the petition” in certain limited circumstances).
6 MCL 710.24a(3) pertains to release proceedings. For a discussion on the interested parties to a release proceeding, see Section 2.2(A).
7 See Chapter 11 for a detailed discussion of adoption proceedings involving an Indian child.
8 If a child placing agency, the department, or the court has authority to consent to the child’s adoption, the consent must be filed with the adoption petition, unless a motion on withholding consent to adopt has been filed. MCL 710.26(1)(d); MCL 710.45(1). For a discussion on the petitioner’s filing of a motion for withholding consent, see Section 7.3.
9 For a detailed discussion on investigative reports under MCL 710.46, see Section 5.6.
10 For a discussion on nonsupport and noncommunication by a parent as described in MCL 710.51(6), see Section 2.10(B).
11 For a discussion on identifying and nonidentifying information, see Sections 6.5(A)-(B), a discussion on consenting to or denying release of identifying information under MCL 710.27a, see Section 9.3(B), a discussion on the central adoption registry under MCL 710.27b, see Section 9.3, a discussion on releasing identifying and nonidentifying information under MCL 710.68, see Sections 9.7-9.8, and a discussion on confidential intermediaries, see Section 9.10.
12 See the Michigan Adoption Resource Exchange’s website for a list of county specific post-adoption resources.