A Michigan stepparent adoption is when a custodial parent marries or remarries, and his/her spouse wants to adopt his/her stepchild(ren).

FREEING UP A CHILD FOR ADOPTION

To free the child for adoption, the parental rights of the child’s noncustodial parent must be terminated unless he/she is deceased.  The noncustodial parent may voluntarily consent to his/her child being adopted.  During a consent hearing, the noncustodial parent executes the consent documents in the presence of either a referee or judge. Suppose the referee or judge is satisfied that the noncustodial parent is knowingly and voluntarily consenting to the adoption. In that case, an order terminating his/her parental rights is executed by the judge.

CONTESTED ADOPTION

Unlike other adoption types, a custodial parent may file a petition to terminate the parental rights of a noncustodial parent involuntarily.  The custodial parent must prove by clear and convincing evidence that the noncustodial parent has both failed to provide substantial and regular financial support for the child and failed to visit, contact or communicate with the child for a period of two or more years.  Due process protections are afforded parents whose parental rights are at risk.  Our firm will assist a custodial parent navigate the due process requirements, meet his/her burden of proof and complete the adoption.

THE LEGAL EFFECT OF A STEPPARENT ADOPTION

After the entry of an order finalizing a Michigan stepparent 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 stepparent 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) and an adoptee may elect to have a new birth record created as a part of the stepparent 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.
• Will represent you at all court hearings.
• Will address any questions that may arise.