ADOPTION

Michigan adoption law permits many types of adoption,including the adoption of both children and adults.

• Direct placement adoption
• Step-parent or relative (within the fifth) degree
• Traditional adoption after termination of parental rights through an agency

DIRECT PLACEMENT ADOPTION

Under Michigan law direct placement adoption permit the use of the following:

• "Temporary placement" of a child in a prospective adoptive home immediately following birth, while legal process is completed.
• "Direct placement" of a child. This means parents may personally select the adopting parent[s] and consent to the adoption of their child by an unrelated individual or couple.
• "Adoption faciliators" to include attorneys for direct placement adoptions.

STEP-PARENT OR RELATIVE ADOPTION

In a step-parent adoption, the non-custodial parent must consent to the adoption or the rights of the non-custodial parent must be terminated. The court may terminate the non-custodial parent’s rights if it determines that the non-custodial parent has failed to:

• visit the child
• financially support the child

In a relative adoption, there is a particular requirement that the relative must meet. Michigan law describes an adoption as a relative adoption, only if the prospective adopting couple is related to the child within the fifth degree.The State of Michigan defines fifth degree in MCLA 710.22(w) as follows:
“Within the fifth degree by marriage, blood, or adoption” means any of the following relationships:
parent , step-parent, grandparent, step-grandparent, brother, step-brother, sister, step-sister, uncle, step-uncle, aunt, step-aunt, first cousin, step-first cousin, great aunt, step-great aunt, great uncle, step-great uncle, great grandparent, step-great grandparent, first cousin once removed, step-first cousin once removed, great great grandparent, step-great great grandparent, great great uncle, step-great great uncle, great great aunt, step-great great aunt, great, great, great grand parent, or step-great, great, great grand parent.

INTERSTATE ADOPTIONS

INTERNATIONAL ADOPTIONS

These adoptions must not only comply with, but also the requirement of

• The law of the state in which the adoption is taking place. (See for example, Adoption Procedure in Michigan).
• The relevant foreign laws and policies
• United States immigration laws

Additionally, compliance with the Convention on International Cooperation in the Intercountry Adoption of Children is also advisable.

SPECIAL NEEDS ADOPTIONS

In Michigan, often times special needs children have been committed to the state or placed under the care and supervision of the state. In these cases the state has already terminated the parental rights. The Family Independence Agency is responsible for the adoptive placement of the children committed to the state or placed under the state’ supervision.

ADOPTION of NATIVE AMERICAN CHILDREN

The Indian Child Welfare Act (ICWA) must be complied if an adoption involves a Native American (Indian). This statute defines and Indian child as any unmarried person who is under the age of 18 and is either:

• A member of an Indian tribe or
• Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

Once a court has determined the child is an Indian child, the ICWA divides the authority over the adoption between tribal courts and state courts. Therefore it is very important to carefully review all the requirements of the ICWA before commencing an adoption involving an Indian child.

AGENCY ADOPTION

This traditional form of adoption is still available in Michigan. There are a number of agencies that are licensed to facilitate adoptions.

ADOPTION PROCEDURE IN MICHIGAN

The procedure in each adoption is determined by the facts of each particular case. The facts of each case may require more steps than are listed below. Listed below are some of the basic steps that occur in adoptions:

• A preplacement assessment or homestudy is required in all nonrelative placements.
• If the proper paper work is completed the person to be adopted may be temporarily placed with the prospective adoptive parents prior to formal placement.
• Filing the petition for adoption and the supporting documents.
• Termination of mother’s rights. In a direct placement adoption this is usually done by consent.
• Termination of father’s rights. This can also be done by consent if the father’s name and address are known and he is willing to sign the consent form. If the father’s name and address is not known, there are several options. The simplest option is to use the procedure for terminating the father’s rights before the child is born. If that procedure is inapplicable, then the cost and complexity of terminating the father’s rights will vary greatly, depending on the amount of information the biological mother can provide about the biological father. The general rule is the more information she can provide the easier it is to accomplish this step. The less information she can provide, it becomes more difficult and costly to complete this step.
• Formal Placement. At this hearing the court will approve the placement if the judge is satisfied with the genuineness of consent (or appropriateness of termination), the authority of those signing the consent, and that the best interests of the person to be adopted are served.
• Supervisory Period. After the person to be adopted has been formally placed by a court order with the family who wishes to adopt them, the new family will be supervised at the direction of the court.
• If the evidence submitted to the court convinces the court that the adoption in the best interests of the child, an Order of Adoption is issued. Once the Order of Adoption is issued, the adoption is finalized.
• A party who disagrees with the order has 21 days to appeal the Order of Adoption.