Michigan Laws 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; re
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(1) Subject to this section and section 29 of this chapter, a release shall be executed:
(a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances:
Terms Used In Michigan Laws 710.28
- 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
- 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.
- Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
- 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
(i) The rights of the parent have been terminated by a court of competent jurisdiction.
(ii) A guardian of the child has been appointed.
(iii) A guardian of a parent has been appointed.
(b) By the authorized representative of a child placing agency to whom the child has been committed by an order of the court.
(c) By the authorized representative of the child placing agency to whom the child has been released.
(d) By the guardian of the child, subject to subsection (3), if a guardian has been appointed.
(e) By the guardian of a parent, subject to subsection (4), if a guardian has been appointed.
(2) If the parent of the child to be adopted is an unemancipated minor, that parent’s release is not valid unless a parent, guardian, or guardian ad litem of that minor parent has also executed the release.
(3) The guardian of the child to be adopted may not execute a release of the child pursuant to subsection (1) unless the guardian has first obtained authority to execute the release from the court that appointed the guardian.
(4) The guardian of a parent may not execute a release of the parent’s child pursuant to subsection (1) unless the guardian has first obtained authority to execute the release from the court that appointed the guardian. Such a release shall have the same effect as if the release were executed by the parent.
(5) A release shall be given only to a child placing agency or to the department.
(6) Before the department arranges a release from a parent or guardian, a representative of the department shall advise the parent or guardian about child placing agencies serving the county and, upon the parent’s or guardian’s request, shall refer the parent or guardian to a child placing agency. After the release of a child by a parent or guardian to the department, the department shall advise the child placing agencies serving the county that the child is available for adoption.
(7) If a child was released for adoption or committed to a child placing agency, that agency may release that child to the department and the department shall accept the release.
(8) Upon release of a child to the department pursuant to this section, the child becomes a state ward.
(9) Where applicable under this section, proof of the termination of parental rights, release of parental rights, appointment, authorization, or commitment shall accompany the release.