2.9​Notice of Intent to Consent to Adoption of 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 . . . consent to adoption of the expected child, 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 consent to the child’s adoption[.]”⁵⁵ MCL 710.34(1). See Section 3.19 for a detailed discussion of identifying putative fathers.

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).⁵⁶

(4) A request that the court inform the putative father of his right to file a notice of intent to claim paternity under MCL 710.33.⁵⁷ MCL 710.34(1).

B.​Issuance of Notice

“Upon the filing of the petition, the court shall issue a notice of intent to . . . consent, 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.” MCL 710.34(1). See MCR 3.802(A)(1), which also requires the notice of intent to consent 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 consent form must be approved by the State Court Administrator and contain all of the following information:⁵⁸

“(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 2: Involuntary Termination

The court may involuntarily terminate a parent’s parental rights over a child under the Adoption Code, MCL 710.21 et seq., or the Juvenile Code, MCL 712A.1 et seq. See Sections 2.10 and 2.11, respectively, for more information. For overview of the adoption process in involuntary proceedings, see the Michigan Judicial Institute’s flowchart, Involuntary Termination of Parental Rights.

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. Briefly, the types of fathers are:

(1) A legal father.

(2) A putative father.

(3) A natural father under the equitable parent doctrine. Once the court recognizes a man as a natural father under the equitable-parent doctrine, that status is a permanent status and he possesses all of the rights and responsibilities of a legal parent. York v Morofsky, 225 Mich App 333, 337 (1997). For additional information on the types of fathers, see Section 3.2.