Chapter 2: Freeing a Child for Adoption
An important step in the adoption process is ensuring the child is freed for adoption. Because different standards apply when freeing a child for adoption based on whether a child’s parent’s parental rights are voluntarily or involuntarily terminated, this chapter is broken down into two parts: voluntary termination and involuntary termination.
In freeing a child for adoption, one of the first matters to be determined is the identity of the child’s father. Although this chapter discusses terminating a father’s parental rights, it does not cover identifying a father. Chapter 3 focuses on identifying fathers. This chapter does not address jurisdictional issues. An in-depth discussion of jurisdiction and venue can be found in Chapter 4. This chapter also does not address cases involving an Indian child. An in-depth discussion of the Indian Child Welfare Act (ICWA) and the Michigan Indian Family Preservation Act (MIFPA) can be found in Chapter 11.
A parent may voluntarily relinquish parental rights over his or her child:
(1) By releasing his or her parental rights through a release or out-of-court release;
(2) During the course of a child protective proceeding; or
(3) By consenting to a child’s adoption through a consent or out-of-court consent.
For a flowchart depicting the adoption process in voluntary termination cases, see the Michigan Judicial Institute’s Voluntary Termination of Parental Rights.