A brief discussion on grandparenting time as it relates to adoptions is contained in this section. For additional information on grandparenting time in general, including the required procedures, see Michigan’s grandparenting time statute, MCL 722.27b.
The Adoption Code, MCL 710.60(3), “does not prohibit the filing of an action or entry of an order for grandparenting time as provided in . . . MCL 722.27b.” Under MCL 722.27b, “[a] child’s grandparent may seek a grandparenting time order” if one or more of the circumstances outlined in MCL 722.27b(1) are met.
“Except as otherwise provided in [MCL 722.27b], adoption of a child or placement of a child for adoption under the Michigan adoption code, . . . MCL 710.21 to [MCL] 710.70, terminates the right of a grandparent to commence an action for grandparenting time with that child.” MCL 722.27b(13). See In re Keast, 278 Mich App 415, 436 (2008) (finding that the maternal grandparents were not entitled to grandparenting time under MCL 722.27b where the grandchildren were placed for adoption with a foster parent, the Michigan Children’s Institute (MCI) superintendent granted consent to adopt to that foster parent, and “MCL 722.27b(13) clearly provide[d] that the placement of [the grand]child[ren] for adoption terminate[d] the rights of [the maternal] grandparent[s] to commence an action for grandparenting time”).
“Adoption of a child by a stepparent under the Michigan adoption code, . . . MCL 710.21 to [MCL] 710.70, does not terminate the right of the parent of a deceased parent of the child to commence an action for grandparenting time with that child.” MCL 722.27b(13). Moreover, MCL 722.27b(5) (requiring the court to dismiss a request for grandparenting time if 2 fit parents sign an affidavit in opposition of an order for grandparenting time) “does not apply if 1 of the fit parents is a stepparent who adopted a child under the Michigan adoption code, . . MCL 710.21 to [MCL] 710.70, and the grandparent seeking the order is the natural or adoptive parent of a parent of the child who is decease or whose parental rights have been terminated.”
Note: “A court shall not permit a parent of a father who has never been married to the child’s mother to seek an order for grandparenting time under this section unless the father has completed an acknowledgment of parentage under the acknowledgment of parentage act, . . . MCL 722.1001 to [MCL] 722.1013, an order of filiation has been entered under the paternity act, . . . MCL 722.711 to [MCL] 722.730, or the father has been determined to be the father by a court of competent jurisdiction. The court shall not permit the parent of a putative father to seek an order for grandparenting time unless the putative father has provided substantial and regular support or care in accordance with the putative father's ability to provide the support or care.” MCL 722.27b(2). For a discussion on establishing paternity, see Chapter 3.
“A grandparenting time order entered under [MCL 722.27b] does not create parental rights in the individual or individuals to whom grandparenting time rights are granted. The entry of a grandparenting time order [under MCL 722.27b] does not prevent a court of competent jurisdiction from acting upon the custody of the child, the parental rights of the child, or the adoption of the child.” MCL 722.27b(10).