Michigan Laws 710.26 – Documentation required; informing adoptee and adoptive parents of MCL 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; applicability of subsection (2); providing adoptee and adoptive parents with
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(1) Subsequent to or concurrent with the filing of the adoption petition but before the hearing on the petition by the court, the petitioner, the department, an employee or agent of the court, or a child placing agency, as appropriate, shall file all of the following documentation:
(a) Except in instances of parental consent to adoption, a copy of each release or order terminating parental rights over the child having a bearing upon the authority of a person to execute the consent to adoption.
Terms Used In Michigan Laws 710.26
- Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
- 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
(b) A copy of the order of commitment, if a commitment was made to a child placing agency or to the department.
(c) Proof of a guardian‘s appointment and authorization to execute the release or consent to the child’s adoption.
(d) A copy of the consent to adoption as required in this chapter. If the consent is required pursuant to section 43(1)(b), (c), or (d) of this chapter, the consent shall be filed concurrently with the filing of the adoption petition unless a motion is filed pursuant to section 45 of this chapter.
(e) A copy of the adoptee‘s birth certificate, verification of birth, hospital birth registration, or other satisfactory proof of date and place of birth, if obtainable, unless this filing is waived by written order of the judge.
(f) The report of the investigation prepared pursuant to section 46 of this chapter.
(g) If the petition alleges nonsupport and noncommunication by a parent, as described in section 51(6), an affidavit verifying that fact.
(h) Any additional facts considered necessary by the court.
(2) Before or at the time of the hearing on the adoption petition, the court shall inform the adoptee, if he or she is 14 years old or older, and the adoptive parents of the provisions described in sections 27a, 27b, 68, 68a, and 68b. This subsection also applies to a stepparent adoption and the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.
(3) Before or at the time of the hearing on the adoption petition, the court shall provide the adoptee, if he or she is 14 years old or older, and the adoptive parents with a list of adoption support groups. This subsection also applies to a stepparent adoption and to the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.