Michigan Compiled Laws 288-1939-x Chapter X Michigan Adoption Code (710.1...710.70)

• Section 710.1-710.14 Repealed. 1974, Act 296, Eff. Jan. 1, 1975.
• Section 710.21 Short Title Of Act; Michigan Adoption Code.
  (1) This act shall be known and may be cited as the “probate code of 1939”. (2) This chapter shall be known and may...
• Section 710.21a General Purposes Of Chapter.
  The general purposes of this chapter are: (a) To provide that each adoptee in this state who needs adoption services receives those services. (b)...
• Section 710.21b Court Order Or Decree Issued In Another Country; Rights And Obligations Of Parties.
  A court order or decree establishing the relationship of parent and child by adoption and issued by a court in another country is presumed...
• Section 710.22 Definitions.
  As used in this chapter: (a) "Adoptee" means the individual who is to be adopted, regardless of whether the individual is a child or...
• Section 710.22a Adoption Placement Or Issuance Of Order Prohibited; Convictions.
  A child shall not be placed with a prospective adoptive parent and an adoption order shall not be issued if a person authorized to...
• Section 710.23 Hearing Appeal Brought Under Mcl 400.115k; Powers Of Court.
  The court has jurisdiction to hear an appeal brought under section 115k of the social welfare act, Act No. 280 of the Public Acts...
• Section 710.23a Direct Placement By Parent Or Guardian Of Child For Adoption; Temporary Placement; Formal Placement; Selection By Parent Or Guardian Not Delegated; Information To Be Provided By Prospective Adoptive Parent, Adoption Attorney, Or Child Placing Agency; Placement Of Child With Stepparent Or Relative; Attendance Of Child At Hearing.
  (1) A parent or guardian having legal and physical custody of a child may make a direct placement of the child for adoption by...
• Section 710.23b Placement Of Child By Child Placing Agency Or Department Of Social Services; Written Authorization From Parent Or Guardian For Temporary Placement; Assistance; Involvement Of Parent Or Guardian In Selection Of Adoptive Parent; Validity Of Authorization.
  (1) A child placing agency or the department that acquires legal and physical custody of a child pursuant to section 29 of this chapter...
• Section 710.23c Placement Of Child By Court.
  A court that acquires legal and physical custody of a child pursuant to chapter XIIA may formally place a child for adoption under section...
• Section 710.23d Temporary Placement; Procedures.
  (1) In a direct placement, a parent or guardian with legal and physical custody of a child may make a temporary placement of the...
• Section 710.23e Temporary Placement; Hearing To Determine Custody; Petition; Ex Parte Order To Return Child To Parent Or Guardian; Petition Requesting Court Jurisdiction; Temporary Disposition; Powers Of Court; Act As Exclusive Remedy.
  (1) Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by...
• Section 710.23f Preplacement Assessment.
  (1) In a direct placement, an individual seeking to adopt may request, at any time, that a preplacement assessment be prepared by a child...
• Section 710.23g Requirement To Provide Services That Conflict With Child Placing Agency's Religious Beliefs Prohibited; Adverse Action Against Child Placing Agency Prohibited.
  In accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, a child placing agency shall not be required to...
• Section 710.24 Petition For Adoption; Filing; Jurisdiction; Verification; Contents; Preplacement Assessment; Omission Of Certain Identifying Information.
  (1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the...
• Section 710.24a Interested Parties; Appointment Of Guardian To Defeat Parent's Status As Interested Party.
  (1) Interested parties in a petition for adoption are all of the following: (a) The petitioner or petitioners. (b) The adoptee, if over 14...
• Section 710.25 Proceedings; Priority; Disposition; Adjournment Or Continuance.
  (1) All proceedings under this chapter shall be considered to have the highest priority and shall be advanced on the court docket so as...
• Section 710.26 Documentation Required; Informing Adoptee And Adoptive Parents Of Mcl 710.27a, 710.27b, 710.68, 710.68a, And 710.68b; Applicability Of Subsection (2); Providing Adoptee And Adoptive Parents With List Of Adoption Support Groups; Applicability Of Subsection (3).
  (1) Subsequent to or concurrent with the filing of the adoption petition but before the hearing on the petition by the court, the petitioner,...
• Section 710.27 Nonidentifying Information To Be Provided Prospective Adoptive Parent; Time Of Submission; Supplemental Information; Compilation; Maintenance; Transmission; Destruction Of Information As Misdemeanor; Forwarding Adoption Records; Adoptions To Which Section Applicable; Exchanging Identifying Information.
  (1) Before placement of a child for adoption, a parent or guardian, a child placing agency, the department, or the court that places the...
• Section 710.27a Statement Consenting To Or Denying Release Of Identifying Information; Statement Providing Notice That Former Parent Deceased; Statement Releasing Adult Former Sibling's Name And Address; Presumption Of Release Of Certain Identifying Information.
  (1) A former parent, including a former parent whose parental rights were terminated under chapter XII of this act, may file with the central...
• Section 710.27b Central Adoption Registry; Establishment; Maintenance; Statements To Be Kept On File; Forms; Transmission Of Clearance Reply; Attachments; Transmission Of Statement Releasing Former Adult Sibling's Name And Address.
  (1) The department shall establish and maintain a central adoption registry to control the release of identifying information described in section 27(3). (2) The...
• Section 710.28 Release; Persons Authorized To Execute; Release To Child Placing Agency Or Department; Advising Parent Or Guardian Of Child Placing Agencies; Advising Agencies Of Child's Availability For Adoption; Release Of Child By Agency To Department; Child As State Ward; Proof Accompanying Release.
  (1) Subject to this section and section 29 of this chapter, a release shall be executed: (a) By each parent of a child to...
• Section 710.29 Release; Separate Instrument; Persons Before Whom Release Executed And Acknowledged; Execution In Another State Or Country; Out-of-court Release; Verified Statement; Investigation; Explaining Legal Rights To Parent Or Guardian; Order Terminating Rights; Order Committing Child To Child Placing Agency Or Department; Foster Care Funding; Termination Of Jurisdiction; Hearing To Consider Revocation Of Release.
  (1) Except as otherwise provided in subsections (5) to (11), a release shall be by a separate instrument executed before a judge of the...
• Section 710.31 Child Born Out Of Wedlock; Inability To Obtain Release Or Consent Of Natural Father; Release By Mother; Petition Of Dependency Or Neglect; Order Authorizing Temporary Care; Delaying Formal Execution Of Mother's Release.
  (1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of...
• Section 710.33 Notice Of Intent To Claim Paternity.
  (1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may...
• Section 710.34 Ex Parte Petition Evidencing Intent To Release Or Consent; Notice Of Intent To Release Or Consent; Form.
  (1) In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody...
• Section 710.36 Hearing To Determine Whether Child Born Out Of Wedlock And To Determine Identity And Rights Of Father; Filing Proof Of Service Of Notice Of Intent Or Acknowledgment; Copy Of Notice Of Intent To Claim Paternity; Notice Of Hearing; Contents; Filing Proof Of Service Of Notice Of Hearing; Waiver; Evidence Of Identity; Adjournment Of Proceedings.
  (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent...
• Section 710.37 Termination Of Rights Of Putative Father.
  (1) If the court has proof that the person whom it determines pursuant to section 36 to be the father of the child was...
• Section 710.39 Inquiry Into Fitness Of Putative Father; Determining Best Interests Of Child; Termination Of Rights Of Putative Father; Determination That Rights Of Putative Father Not Be Terminated; Use Of Mother Or Guardian Release Or Consent Relinquishing Rights To Child; Order Granting Custody To Putative Father And Legitimating Child; Fee; Report.
  (1) If the putative father does not come within the provisions of subsection (2), and if the putative father appears at the hearing and...
• Section 710.41 Conditions To Placing Child In Home For Purpose Of Adoption; Adoption By Foster Parent Or By Petitioner Married To Parent Having Legal Custody.
  (1) Except as provided in section 23d of this chapter, a child shall not be placed in a home for the purpose of adoption...
• Section 710.43 Consent To Adoption; Persons Authorized To Execute.
  (1) Subject to this section and sections 44 and 51 of this chapter, consent to adoption of a child shall be executed: (a) By...
• Section 710.44 Consent To Adoption; Separate Instrument; Persons Before Whom Consent Executed And Acknowledged; Execution In Another State Or Country; Verified Statement; Investigation; Explaining Legal Rights Of Parent Or Guardian; Conditions To Execution Of Adoptee's Consent To Adoption; Out-of-court Consent.
  (1) Except as otherwise provided in this section, the consent required by section 43 of this chapter shall be by a separate instrument executed...
• Section 710.45 Withholding Of Consent By Representative Or Court; Motion By Petitioner; Decision By Court; Termination Of Rights; Entering Orders; Appeal.
  (1) A court shall not allow the filing of a petition to adopt a child if the consent of a representative or court is...
• Section 710.46 Investigation; Considerations; Report; Waiver.
  (1) Upon the filing of an adoption petition, the court shall direct a full investigation by an employee or agent of the court, a...
• Section 710.48 Repealed. 1980, Act 288, Eff. Oct. 17, 1980.
  Compiler's Notes: The repealed section pertained to subsidies.Popular Name: Probate Code
• Section 710.51 Order Terminating Rights Of Parents Or Person In Loco Parentis; Extension Of Time; Conditions; Child As Ward Of Court; Termination Of Jurisdiction; Marriage Of Petitioner To Parent Having Legal Custody; Placement Without Making Child Ward Of Court; Evidence; Order Terminating Rights Of Divorced Or Unmarried Parent Not Having Legal Custody; Conditions; Consent To Services For Child By Prospective Adoptive Parents.
  (1) Not later than 14 days after receipt of the report of investigation, except as provided in subsections (2) and (5), the judge shall...
• Section 710.52 Supervision Of Child; Reports.
  (1) Subject to subsection (2), during the period before entry of the order of adoption, the child shall be supervised at the direction of...
• Section 710.54 Prohibitions As To Money Or Other Consideration Or Thing Of Value; Statement; Compensation For Certain Activities Prohibited; Payment Of Charges; Documents Filed With Court; Assuring Compliance; Approval Of Fees And Expenses; Violation.
  (1) Except for charges and fees approved by the court, a person shall not pay or give, offer to pay or give, or request,...
• Section 710.55 Persons Authorized To Place Child For Adoption Or Solicit Biological Or Adoptive Parents; Violation As Misdemeanor; Penalty; “solicit” Defined.
  (1) Only a person specified in sections 23a(1), 23b(1), and 23c of this chapter may place a child for adoption. Only a prospective adoptive...
• Section 710.55a Representation By Attorney.
  (1) An attorney shall not represent a party in a direct placement adoption unless the attorney is an adoption attorney. An attorney or law...
• Section 710.56 Order Of Adoption; Time; Waiver; Extension Of Time; Hearing; Effect Of Filing Petition For Rehearing Or Appeal From Order Terminating Parental Rights; Conditions; Adoption Of Adult.
  (1) Except as otherwise provided in this subsection, 6 months after formal placement under section 51 of this chapter, unless the court determines that...
• Section 710.56a Repealed. 2008, Act 331, Eff. Dec. 18, 2008.
• Section 710.58 Order Of Adoption; Certified Copies.
  When the court enters an order of adoption, certified copies shall be given to the adopting parent or parents. If the consent to the...
• Section 710.58a Information To Be Forwarded By Court; “primary Adoption Facilitator” And “public Information Form” Defined.
  (1) Beginning on the effective date of section 14c of Act No. 116 of the Public Acts of 1973, being section 722.124c of the...
• Section 710.59 Changing Name Of Adopted Child; Effect On Order Of Adoption And Exemplification Of Record.
  Where the parents or surviving parent has given consent to an adoption and the petitioner desires to change the name of the adopted child,...
• Section 710.60 Adoptee To Be Known And Called By New Name; Status And Liability Of Persons Adopting Adoptee; Rights And Duties Of Adopted Person; Adopted Person As Heir At Law; Order For Grandparenting Time.
  (1) After the entry of an order of adoption, if the adoptee's name is changed, the adoptee shall be known and called by the...
• Section 710.62 Effect Of Denying Order Of Adoption.
  If the court denies an order of adoption, the court may return the child to the parents or original custodian and restore their rights,...
• Section 710.63 Denial Of Petition Or Motion Or Failure To Issue Order; Statement By Court.
  A court that denies a petition or motion, or fails to issue an order under this chapter shall state the reason for that action...
• Section 710.64 Rehearing; Modifying Or Setting Aside Order; Entering Order With Respect To Original Hearing Or Rehearing Of Contested Matters.
  (1) Upon the filing of a petition in court within 21 days after entry of any order under this chapter, and after due notice...
• Section 710.65 Appeal To Court Of Appeals; Staying Court Order Pending Appeal; Priority.
  (1) A party aggrieved by an order that is entered by the court under this chapter, including an order entered after a rehearing, may...
• Section 710.66 Adult Adoptee; Rescinding Adoption By Stepparent And Restoring Parental Rights Of Parent; Rescission Petition; Filing New Certificate Of Birth; Hearing; Certified Copies; Effect Of Entry Of Order Of Rescission.
  (1) If an adult adoptee who was adopted by a stepparent and the adult adoptee's parent whose rights have been terminated desire to rescind...
• Section 710.67 Disposition Of Adoption Records; Copying Or Inspecting Records; Petition; Notice And Hearing; Granting Or Denying Petition; Disclosing Names Of Biological Or Adoptive Parents; Certified Copy Of New Birth Certificate; Powers And Duties Of Children's Ombudsman.
  (1) Except as otherwise provided in subsection (4) or in section 68 of this chapter, records of proceedings in adoption cases, including a notice...
• Section 710.68 Nonidentifying And Identifying Information; Request; Availability; Release; Request For Adoption Record Information; Identity Of Court Or Child Placing Agency; Counseling; List Of Adoption Support Groups; Transmitting Information Of Medical Or Genetic Condition; Return Of Information Undelivered; Placement Of Information In Adoption Files; Releasing Or Transmitting Copies; Information Returned Undelivered; Notice To Department Of Community Health; Sealing Original And Preparing New Birth Certificate; Release Of Identifying Information As Misdemeanor; Adoptions To Which Section Applicable; “adult Adoptee” Defined; Fees; Waiver; Powers And Duties Of Children's Ombudsman.
  (1) Within 63 days after a request for nonidentifying information is received, a child placing agency, a court, or the department shall provide in...
• Section 710.68a Providing Information Pamphlet, List Of Adoption Support Groups, And Information About Mcl 710.27a, 710.27b, 710.68 And 710.68b; Placement Of Requester's Current Address In Adoption Files.
  (1) The department, in cooperation with adoption support groups, shall develop and publish an information pamphlet explaining the release of information from adoption records...
• Section 710.68b Definitions; Petition To Appoint Confidential Intermediary To Search For And Contact Former Family Member; Approval; Training; Oath Of Confidentiality; Duties Of Confidential Intermediary; Acceptance Of Money Or Other Value; Failure To Contact Former Family Member.
  (1) As used in this section: (a) “Former family member” means a parent, grandparent, or adult sibling related to the adult adoptee through birth...
• Section 710.69 Violation Of Mcl 710.41 As Felony.
  A person who violates section 41 of this chapter is, upon conviction, guilty of a misdemeanor, and upon any subsequent conviction, is guilty of...
• Section 710.70 Prior Adoption Proceedings Or Orders Of Adoption.
  (1) Adoption proceedings commenced before January 1, 1975, shall be consummated according to the provisions of this chapter which were in effect at the...

Last modified: October 10, 2016