Michigan Laws 710.31 – Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execut
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(1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by the court as provided in section 37 or 39 of this chapter, by the court pursuant to chapter XIIA, or by a court of competent jurisdiction in another state or country.
(2) Pending the termination or other disposition of the rights of the father of a child born out of wedlock, the mother may execute a release terminating her rights to the child. If the mother releases the child, the child placing agency or department to which the child is released may file a petition of dependency or neglect pursuant to chapter XIIA. Pending disposition of the dependency or neglect petition, the court may enter an order authorizing temporary care of the child.
Terms Used In Michigan Laws 710.31
- Born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
- 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
- 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
(3) At the request of the mother, her formal execution of a release or consent shall be delayed until after court determination of the status of the putative father’s request for custody of the child.