Michigan Petition or Application by Husband and Wife to Adopt a Minor With Consent of Biological Mother and Father of Child
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How to fill out Petition Or Application By Husband And Wife To Adopt A Minor With Consent Of Biological Mother And Father Of Child?
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FAQ
Under Michigan adoption laws, anyone can be adopted but children 14 years and older may not be adopted unless they give their own consent. Also, Michigan statute allows adoption agencies to refuse placement services to anyone if doing so would violate their religious beliefs.
A legal father may consent to the adoption. If a putative father appears at the hearing and does not consent or a legal father refuses to consent, the adoption may proceed to further hearings. This does not mean the adoption cannot take place, but it adds additional issues to the proceedings which must be addressed.
Does my baby's father have to agree to the adoption in Michigan? Consent of both parents is required, unless the parent's rights have been terminated. Michigan does not have a putative father registry, but any father that files an acknowledgment of paternity is entitled to notice of any hearing relating to the child.
The applicant has ever been convicted of felony child abuse or neglect; spousal abuse; a crime against children (including child ography); or a crime involving violence, including rape, sexual assault, or homicide but not including other types of physical assault or battery.
The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.
If the father has not acknowledged paternity, was not married to the mother, was not ordered to pay support, did not co-habit with the mother during or after the pregnancy, nor ever supported the mother or child, he is considered the putative/biological father and not the legal father.
Stepparent adoption is a court process that lets your spouse adopt your child after assuming a parenting role for the child. There is no set amount of time your spouse must be the stepparent before adoption. Your spouse is the person who must file the forms asking for adoption, but you must agree to the adoption.
The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.