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Key features of Michigan adoption law

Adoption is a scary undertaking to go through, whether you are adopting or giving up for adoption, and it is important for parents and prospective parents to understand their rights under the law. State law regarding adoption can be complex, but we want to identify here several of its key features as it impacts parents.

One of the features of Michigan law is that not all adoptions are conducted through agencies. Parents are able to directly place their children up for adoption by personally selecting the adoptive parent, transferring physical custody to that individual and consenting to adoption. 

For parents who don’t have adoptive parents selected, Michigan allows for temporary placement of an adoptee with a prospective adoptive parent while the legal process plays out. Temporary placement requires, among other things, that there be a written statement concerning the transfer of physical custody signed and witnessed by all parties involved and that the parent works with the assistance of an attorney or adoption agency.

A third characteristic feature of Michigan law is that parents are able to work with child-placing agencies or attorneys in the adoption process, even when this isn’t required. In situations where no assistance is required, such as in direct placement, working with an attorney can still be a good idea. Parents still have all their parental rights in a direct placement adoption until formal placement occurs, and if any dispute regarding custody arises after the transfer of physical custody but before formal placement, an attorney can help advocate for a parent in court.

Obviously, there is much more to adoption than we can describe in a single blog post. Suffice it to say that whatever side of an adoption you may find yourself on, our firm can help you identify your goals, clarify your rights and represent your interests in court, if necessary

Source: State of Michigan Department of Human Services, “Adopting A Child In Michigan,” Accessed Dec. 8, 2014. 

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Key features of Michigan adoption law | Peter A D'Angelo, Attorney at Law, PLC