Relative Adoption...

Relative Adoption

Birth parents can place the child without any court involvement by using power of attorney which is valid for six months only.
File a Petition for Adoption (with appropriate forms)
Seven day Accounting and Statement of Fees.
Terminating birth parents rights
Children 14 years of age or older, must consent to the adoption also
Order formally placing the adoptee with the adoptive parents
Post-placement supervision
21 day Accounting and Statement of Fees
Order allowing fees and costs
Order of adoption
The new birth certificate is issued

Due to the different nature of the child's initial relationship with his mother and father, Michigan law takes two separate approaches to termination of their parental rights. A birth mom 's parental rights can be terminated by voluntary consent or involuntary consent because of abuse or neglect. These same two methods of terminating parental rights exists where a birth father is married to the birth mother at the same time of the birth of the child or he is legally established as the child's father.

If a birth father is not married to the birth mother at the time of the birth of the child and he has not been legally established as the child's father, he is called a putative father. A separate group of procedures are available to accomplish the termination of his parental rights so that an adoption can be completed.

This procedure can be used in those cases where he is served with legally sufficient notice of the pregnancy and birth mom's intention release or consent to an adoption. In order to be effective, this notice must be properly served on birth dad at least 30 days before the expected date of confinement specified in that notice. Once he receives such notice, if he fails to file a properonjection, the court is allowed to automatically terminate his prental rights after the birth of the child-without any further notice.

If the timing is such that the Automatic Termination procedure is not available, there is another alternative. This procedure involves providing the birth father with proper legal notice of the hearing abd a custody statement. He can sign and return the Custody Statement to indicate he agrees with the adoption or he can simply not show up at the hearing. Under either scenario, the court is allowed to terminate his parental rights. However, some courts prefer the putative father come to court to give his written consent.

The Automatic Termination and Custody Statement procedures presume that the birth father's name, street address, city and state are known or can be located with a diligent effort. If this information can be obtained, at least one of these two procedures should be followed. If this information is not known, there is an alternate procedure available.

If a putative father follows the correct legal procedure for attempting to prevent the adoption, then the court must select the correct legal standard to decide whether the putative father is to have custody of the child. Michigan law makes the legal standard easier for the judge to terminate the rights of the putative father is he has not "supported" his child.

Support is defined as establishing a custodial relationship with the child or providing substantial and regular support or care forthe child. If the putative father can convince the judge that he has met either of these two standards that are described more fully n the Michigan Adoption Code, it is more difficult-but not impossible to terminate his parental rights.

Non-Supportive Putative Fathers

If a putative father follows the correct legal procedure for attempting to prevent the adoption, but has not "supported" his child, the court will decide whether to grant him custody of the child after making two inquiries. The first inquiry will be about the putative father's fitness abd ability to parent the child. The second inquiry will involve an analysis of the avidence before it to determine the best interests of the child.

Supportive Putative Father

If putative father follows the correct legal procedure for attempting to prevent the adoption and has "supported" his child, then he is treated like a legal father and his Parental rights can only be terminated upon his voluntary consent or involuntary termination as a result of abuse and/or neglect.

Relatives' Visitation Rights

Grandparents (and any other relatives) that are related to the child through putative father lose all legal rights to visitation with the child after the Order of Adoption is entered. However, nothing prevents the parents of the child allowing such visitation to continue if they believe it to be in the best interests of the child.

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