There are many people that serve as guardian(s) for children in the state of Michigan. Usually, the probate court in a respective county presides over guardianship cases. Those guardians that are not related to the child(ren) seeking to adopt should file a guardianship adoption petition. While guardians that are related to the child(ren) seeking to adopt should file a relative adoption petition.

FREEING UP A CHILD FOR ADOPTION

In order to free the child for adoption, the parental rights of the child’s parents’ need to be terminated unless one or both parents is/are deceased. The legal parents may voluntarily execute consent documents in the presence of either a judge or referee at a consent hearing. If the judge or referee is satisfied that the parents are knowingly and voluntarily consenting to the adoption, then an order terminating the parents’ parental rights is executed by the judge presiding over the adoption case.

PROBATE COURT PRESIDING OVER A GUARDIANSHIP

The judge presiding over the guardianship must grant authority for the guardian(s) to consent to the adoption of the adoptee. A full guardian(s) must seek permission to adopt from the probate court via a motion or petition for authority to consent to the adoption.

THE LEGAL EFFECT OF A GUARDIANSHIP ADOPTION

After the entry of an order finalizing a Michigan guardianship adoption, the adoptive parent(s) become the legal parent(s) of the adoptee as though the adopted person had been born to the adoptive parent(s). The relationship is now one recognized in the eyes of the law. As to inheritance rights, an adoptee is no longer an heir at law of a person who was his/her parent(s) prior to the entry of the adoption or the lineal or collateral kindred of that person, except for a right, title, or interest that has vested before entry of the final order of adoption and is not divested by that order. MCL 710.60(2).

THE ADOPTIVE PARENT(S) MAY CHANGE AN ADOPTEE’S NAME

Adoptive parent(s) may elect to change the adoptee’s name as part of the guardianship adoption. If the adoptee’s name is being changed, after the adoption is finalized, the adoptee will be known and called by his/her new name. MCL 710.60(1)

A NEW BIRTH CERTIFICATE MAY BE CREATED

Adoptive parent(s) may elect to have a new birth record created as a part of the guardianship adoption. If they elect to do so, an adoptee’s original birth certificate is sealed and replaced by the new birth record recognizing the adoptive parent(s) as the adoptee’s parent(s). As a part of the adoption, the parties may request a certified copy of the new birth record created at a cost of $50 payable to the state of Michigan. The cost for the new birth record and necessary documentation slightly varies if the adoptee was born outside of the state of Michigan. The adoptee’s birth state is responsible for sealing the former birth record and creating a new one.

OUR LAW FIRM

• Will explain the process step by step.
• Will prepare all legal documents for the adoption.
• Will represent you in all court hearings, including probate court.
• Will address any questions that may arise.