Michigan Consent to Adoption Law

Consent to Adoption
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Michigan

Who May Adopt

Statute:
§ 710.43
Each parent or surviving parent.
The authorized representative of the child placing agency to whom the child has been released.

The child's guardian.

The court or tribal court having permanent custody.

If the parent of the adoptee is a minor, the minor's parent must also consent.


Age When Consent of Adoptee is Considered or Required

Statute:
§ 710.43
A child 14 years or older must consent to the adoption.


When Parental Consent is not Needed

Statute:
§§ 710.37; 710.43; 710.51(6)
Putative father denies paternity or interest in custody.
Parent fails to provide support.

Parental rights have been terminated or relinquished.

Noncustodial parent has failed for 2 years or more to support or communicate with the child.


When Consent Can Be Executed

Statute:
§§ 710.29; 710.44; 710.34; 710.31
Consent may not be executed until after an investigation and a judge has explained their rights to the parents.
If putative father fails to file a notice of intent to claim paternity prior to the expected date of confinement or birth, he waives any rights to the child and thereby consents.

At the mother's request, her consent shall be delayed until the court determines the status of the putative father's request for custody.


How Consent Must Be Executed

Statute:
§§ 710.29; 710.44
Release is executed before a judge or referee of the juvenile court.
If the release is given by armed services member, an incarcerated person, or agent of a child placing agency, it is executed before a person authorized to administer oaths.

Parent must verify that counseling was received and no payment was offered.


Revocation of Consent

Statute:
§ 710.29
Person who granted consent may petition court for hearing on whether to grant revocation.
A release may not be revoked if the child has been placed for adoption unless the child was placed as provided by § 710.41(2) and a petition has been filed for a rehearing within time required.