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Must be submitted within 48 hours of placement
Must be submitted within 30 days of the temporary placement of the child
Must be submitted within 45 days of the temporary placement of the child
Petitioner has Legal Guardianship of Adoptee by Court order. The legal parents must voluntarily consent to adoption at a private hearing before a Judge or Referee of the Circuit Court. If the legal parents are unwilling to provide consent, and have not provided for the welfare of the adoptee, the Petitioners may filed a petition seeking the termination of parental rights through a Neglect/Abuse case under the Juvenile Code with the Juvenile Court. This must be done prior to the commencement of an adoption proceeding. The Petitioner is required to have full guardianship in order to have standing to file a termination petition under the Juvenile Code. The Court cannot assist in the filing of a Neglect/Abuse Petition.
Adoptee and Petitioner are related within the 5th Degree. Petitioner may or may not have Legal Guardianship of Adoptee by Court order. The legal parents must voluntarily consent to adoption at a private hearing before a Judge or Referee of the Circuit Court. If the legal parents are unwilling to provide consent, and have not provided for the welfare of the adoptee, the Petitioners may filed a petition seeking the termination of parental rights through a Neglect/Abuse case under the Juvenile Code with the Juvenile Court. This must be done prior to the commencement of an adoption proceeding. The Petitioner is required to have full guardianship in order to have standing to file a termination petition under the Juvenile Code. The Court cannot assist in the filing of a Neglect/Abuse Petition.
Adoptee is under the age of 18. The adoptee must be aware of the adoption process, as an age appropriate interview about the adoption will be conducted during the home study investigation and the adoptee will be asked about the adoption. The custodial parent who is married to the petitioning adoptive parent is also an adoptive petitioner as they are joining their spouse in the petition for adoption; therefore, must fill out the packet as such. The petitioning custodial parent of the adoptee must have custody by way of a Court order of the adoptee per MCL 710.51(6) to have standing to file a supplemental petition to terminate rights where consent by the other parent cannot be obtained.
If the other legal parent of the adoptee is willing to Consent to the adoption and voluntarily terminate their parental rights, then a Consent to Adoption by Parent must be signed in Court at a private hearing by the adoptee's other legal parent. The Consent hearing will be scheduled after the Petition for Adoption has been filed and the home study investigation has been completed. If the consenting legal parent lives outside of the State of Michigan, ask the Adoption Caseworker prior to submitting the Adoption Packet about how to obtain the Consent. If the legal parent of the adoptee is willing to Consent to the adoption, you must also provide the following:
Proof that the person who is consenting to the adoption is the legal parent (this can be accomplished through any of the following):
It is the responsibility of the petitioner(s) to obtain and provide the complete current address of the other parent who is willing to Consent to the adoption and provide it to the Court. Upon accepting the legal parent's consent, the Court will enter an Order Terminating Parental Rights.