Michigan Relinquishment, Consent, Revocation laws

Who Must Consent:

• 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.
  
  
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Consent of Adoptee:

A child 14 years or older must consent to the adoption.

When Parental Consent is Not Needed:

• 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 Relinquishment Can Be Signed:

• 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 Relinquishment Must Be Signed:

• 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.
  
  

Time for Revocation:

• 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 statute and a petition has been filed for a rehearing within time required.
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.