Michigan Voluntary Release for Adoption

State:
Michigan
Control #:
MI-DHS-4819
Format:
Word
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Description

Voluntary Release for Adoption

Michigan Voluntary Release for Adoption is a process in which a birth parent voluntarily relinquishes parental rights and responsibilities for his or her child, allowing the child to be adopted by another family. The process is governed by Michigan state law. There are three types of Michigan Voluntary Release for Adoption: Judicial Release, Agency Release, and Independent Release. Judicial Release is when the birth parent voluntarily relinquishes parental rights in court. Agency Release is when the birth parent voluntarily relinquishes parental rights through a licensed adoption agency. Independent Release is when the birth parent voluntarily relinquishes parental rights independently, without the involvement of a court or adoption agency. In all three types of Michigan Voluntary Release for Adoption, the birth parent must provide written consent to the adoption, and the court or agency must verify that the consent was given voluntarily and without coercion. The birth parent may also be required to complete a court-ordered home study and counseling prior to the adoption being finalized.

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FAQ

Under the Adoption Code, termination of parental rights are controlled by MCL 710.21, and the purpose of a terminating the parents' rights is to make the child available to be adopted. This can be done by consent, or in the instance of step-parent adoption it can either be done by consent, or be contested.

Loss or serious impairment of an organ or limb. Life threatening injury. Murder or attempted murder. involuntary termination or prior voluntary termination in a case involving above aggravated circumstances.

To terminate a parent's rights, the Circuit Court must receive a petition requesting termination from the agency, the child, the child's legal guardian, the foster parent, the state children's ombudsman, or the prosecutor.

The request for revocation from the parent or guardian must be submitted in writing by the parent or guardian who signed the out-of-court consent to the adoption attorney representing the parent or guardian or a caseworker from the child placing agency that witnessed the out-of-court consent.

There are two ways for terminating the rights voluntarily: with consent or by contest. In a situation where one parent has basically abandoned the child and has not provided any financial support for at least two years, their rights can be contested in court.

1. A child may be emancipated by court order. parent's obligation to support the minor child continues even though the court has emancipated the child.

(a) The child has been deserted under either of the following circumstances: (i) The child's parent is unidentifiable, has deserted the child for 28 or more days, and has not sought custody of the child during that period.

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Michigan Voluntary Release for Adoption