Michigan Laws 710.43 – Consent to adoption; persons authorized to execute
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 710.43
- Child: means an individual less than 18 years of age. See Michigan Laws 710.22
- Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
- Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
- Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
- Department: means the department of health and human services. See Michigan Laws 710.22
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Subject to this section and section 44 and 51 of this chapter, consent to adoption of a child shall be executed:
(a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances:
(i) The rights of the parent have been terminated by a court of competent jurisdiction.
(ii) The child has been released for the purpose of adoption to a child placing agency or to the department.
(iii) A guardian of the child has been appointed.
(iv) A guardian of a parent has been appointed.
(v) A parent having legal custody of the child is married to the petitioner.
(b) By the authorized representative of the department or his or her designee or of a child placing agency to whom the child has been permanently committed by an order of the court.
(c) By the court or by a tribal court having permanent custody of the child.
(d) By the authorized representative of the department or his or her designee or of a child placing agency to whom the child has been released.
(e) By the guardian of the child, subject to subsection (5), if a guardian has been appointed.
(f) By the guardian of a parent, subject to subsection (6), if a guardian has been appointed.
(g) By the authorized representative of a court or child placing agency of another state or country that has authority to consent to adoption.
(2) If the child to be adopted is over 14 years of age, that child’s consent is necessary before the court may enter an order of adoption.
(3) If the individual to be adopted is an adult, the individual’s consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required.
(4) If the parent of the child to be adopted is an unemancipated minor, that parent’s consent is not valid unless a parent, guardian, or guardian ad litem of that minor parent has also executed the consent.
(5) The guardian of the child to be adopted shall not execute a consent to that child’s adoption according to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian.
(6) The guardian of a parent shall not execute a consent to the adoption of the parent’s child according to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian. The consent shall have the same effect as if the consent were executed by the parent.
(7) If the petitioner for adoption is married to the parent having legal custody of the child and that parent has joined the petitioner in filing the petition for adoption, that parent shall not execute a consent to the adoption. The consent of the parent who does not have legal custody of the child and whose parental rights have not been terminated shall be executed before the court may enter an order of adoption under section 56 of this chapter.