reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article VIII - Miscellaneous Provisions (700.8101...700.8206) › 386-1998-VIII-2 - Part 2 Michigan Trust Code Miscellaneous Provisions; Effective Date (700.8201...700.8206) › Section 700.8206 - Application to Existing Relationships.

700.8206 Application to existing relationships.
Sec. 8206.
(1) Except as otherwise provided in article VII, all of the following apply on the effective date of the amendatory act that added this section:
(a) The amendments and additions to article VII enacted by the amendatory act that added this section apply to all trusts created before, on, or after that effective date.
(b) The amendments and additions to article VII enacted by the amendatory act that added this section apply to all judicial proceedings concerning trusts commenced on or after that effective date.
(c) The amendments and additions to article VII enacted by the amendatory act that added this section apply to judicial proceedings concerning trusts commenced before that effective date unless the court finds that application of a particular provision of the amendments and additions would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of the amendments and additions does not apply and the superseded provisions apply.
(d) Any rule of construction or presumption provided in the amendments and additions to article VII enacted by the amendatory act that added this section applies to trust instruments executed before that effective date unless there is a clear indication of a contrary intent in the terms of the trust.
(2) The amendments and additions to article VII enacted by the amendatory act that added this section do not impair an accrued right or affect an act done before that effective date. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before that effective date, that statute continues to apply to the right even if it has been repealed or superseded.
(3) If any provision of the amendments and additions to article VII enacted by the amendatory act that added this section conflicts with any provision of 1846 RS 63, MCL 555.1 to 555.27, the provision of article VII prevails.
History:
Add. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-I - Chapter I Probate Courts (701.1...701.55) › Section 701.1-701.55 - Repealed. 1952, Act 34, Eff. Sept. 18, 1952;—1970, Act 143, Eff. Jan. 1, 1971;—1978, Act 543, Eff. July 1, 1979;—1978, Act 642, Eff. July 1, 1979.

701.1-701.55 Repealed. 1952, Act 34, Eff. Sept. 18, 1952;—1970, Act 143, Eff. Jan. 1, 1971;—1978, Act 543, Eff. July 1, 1979;—1978, Act 642, Eff. July 1, 1979.
Compiler's Notes:
Former MCL 701.19a, deriving from Act 9 of 1969, expired December 31, 1970.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-II - Chapter II Decedents' Estates (702.1...702.117) › Section 702.1-702.117 - Repealed. 1978, Act 642, Eff. July 1, 1979.

702.1-702.117 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-III - Chapter III Guardians and Wards (703.1...703.35) › Section 703.1-703.35 - Repealed. 1949, Act 125, Eff. Sept. 23, 1949;—1978, Act 642, Eff. July 1, 1979.

703.1-703.35 Repealed. 1949, Act 125, Eff. Sept. 23, 1949;—1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-IV - Chapter IV Fiduciaries (704.1...704.60) › Section 704.1-704.60 - Repealed. 1976, Act 262, Imd. Eff. Oct. 1, 1976;—1978, Act 642, Eff. July 1, 1979.

704.1-704.60 Repealed. 1976, Act 262, Imd. Eff. Oct. 1, 1976;—1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-V - Chapter V Estates of Disappeared Persons (705.1...705.34) › Section 705.1-705.34 - Repealed. 1978, Act 642, Eff. July 1, 1979.

705.1-705.34 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-VI - Chapter VI Testamentary Trustee or Guardian (706.1...706.6) › Section 706.1-706.6 - Repealed. 1978, Act 642, Eff. July 1, 1979.

706.1-706.6 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-VII - Chapter VII Collection of Assets (707.1...707.20) › Section 707.1-707.20 - Repealed. 1978, Act 642, Eff. July 1, 1979.

707.1-707.20 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-VIII - Chapter VIII Claims (708.1...708.41) › Section 708.1-708.41 - Repealed. 1978, Act 642, Eff. July 1, 1979.

708.1-708.41 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-IX - Chapter IX Sale, Mortgage or Lease of Property (709.1...709.62) › Section 709.1-709.62 - Repealed. 1978, Act 642, Eff. July 1, 1979.

709.1-709.62 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.1-710.14 - Repealed. 1974, Act 296, Eff. Jan. 1, 1975.

710.1-710.14 Repealed. 1974, Act 296, Eff. Jan. 1, 1975.
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.21 - Short Title of Act; Michigan Adoption Code.

710.21 Short title of act; Michigan adoption code.
Sec. 21.
(1) This act shall be known and may be cited as the "probate code of 1939".
(2) This chapter shall be known and may be cited as the "Michigan adoption code".
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1998, Act 474, Imd. Eff. Jan. 4, 1999
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.21a - General Purposes of Chapter.

710.21a General purposes of chapter.
Sec. 21a.
The general purposes of this chapter are:
(a) To provide that each adoptee in this state who needs adoption services receives those services.
(b) To provide procedures and services that will safeguard and promote the best interests of each adoptee in need of adoption and that will protect the rights of all parties concerned. If conflicts arise between the rights of the adoptee and the rights of another, the rights of the adoptee shall be paramount.
(c) To provide prompt legal proceedings to assure that the adoptee is free for adoptive placement at the earliest possible time.
(d) To achieve permanency and stability for adoptees as quickly as possible.
(e) To support the permanency of a finalized adoption by allowing all interested parties to participate in proceedings regarding the adoptee.
History:
Add. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 2004, Act 487, Imd. Eff. Dec. 28, 2004
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.21b - Court Order or Decree Issued in Another Country; Rights and Obligations of Parties.

710.21b Court order or decree issued in another country; rights and obligations of parties.
Sec. 21b.
A court order or decree establishing the relationship of parent and child by adoption and issued by a court in another country is presumed to be issued in accordance with the laws of that country and shall be recognized in this state. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the order or decree were issued by a court of this state.
History:
Add. 1994, Act 241, Eff. July 5, 1994
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.22a - Adoption Placement or Issuance of Order Prohibited; Convictions.

710.22a Adoption placement or issuance of order prohibited; convictions.
Sec. 22a.
A child shall not be placed with a prospective adoptive parent and an adoption order shall not be issued if a person authorized to place the child or the court authorized to issue the order has reliable information that the prospective adoptive parent has been convicted under any of the following:
(a) Section 145a or 145c of the Michigan penal code, 1931 PA 328, MCL 750.145a and 750.145c.
(b) Sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(c) A law of another state substantially similar to 1 of the sections included in subdivision (a) or (b).
History:
Add. 1994, Act 430, Imd. Eff. Jan. 6, 1995 ;-- Am. 2003, Act 222, Imd. Eff. Dec. 2, 2003
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23 - Hearing Appeal Brought Under MCL 400.115k; Powers of Court.

710.23 Hearing appeal brought under MCL 400.115k; powers of court.
Sec. 23.
The court has jurisdiction to hear an appeal brought under section 115k of the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.115k of the Michigan Compiled Laws. The court may set aside, affirm, reverse, or modify a final determination of the department as provided in sections 101 to 106 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.301 to 24.306 of the Michigan Compiled Laws.
History:
Add. 1980, Act 288, Eff. Oct. 17, 1980 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23a - Direct Placement by Parent or Guardian of Child for Adoption; Temporary Placement; Formal Placement; Selection by Parent or Guardian Not Delegated; Information to Be Provided by Prospective Adoptive Parent, Adoption Attorney, or Child Placing Agency; Placement of Child With Stepparent or Relative; Attendance of Child at Hearing.

710.23a Direct placement by parent or guardian of child for adoption; temporary placement; formal placement; selection by parent or guardian not delegated; information to be provided by prospective adoptive parent, adoption attorney, or child placing agency; placement of child with stepparent or relative; attendance of child at hearing.
Sec. 23a.
(1) A parent or guardian having legal and physical custody of a child may make a direct placement of the child for adoption by making a temporary placement under section 23d of this chapter or a formal placement under section 51 of this chapter. A temporary placement becomes a formal placement when the court orders the termination of the rights of the parent or parents or the guardian and approves placement under section 51 of this chapter. A formal placement under section 51 of this chapter is not required to be preceded by a temporary placement.
(2) A parent or guardian shall personally select a prospective adoptive parent in a direct placement. The selection shall not be delegated.
(3) In a direct placement the prospective adoptive parent, an adoption attorney, or a child placing agency shall provide information about a prospective adoptive parent to the parent or guardian before placement. This information shall include the specific information contained in a preplacement assessment as described in section 23f of this chapter, and may include additional information requested by the parent or guardian. The information does not have to include identifying information described in section 27(3) of this chapter. The parent or guardian and the prospective adoptive parent shall determine whether to exchange identifying information and whether to meet each other.
(4) A parent or guardian having legal and physical custody of a child may make a formal placement of the child for adoption under section 51 of this chapter with a stepparent or a relative.
(5) The court may allow the child to attend his or her adoption hearing held under this act.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995 ;-- Am. 2004, Act 487, Imd. Eff. Dec. 28, 2004
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23b - Placement of Child by Child Placing Agency or Department of Social Services; Written Authorization From Parent or Guardian for Temporary Placement; Assistance; Involvement of Parent or Guardian in Selection of Adoptive Parent; Validity of Authorization.

710.23b Placement of child by child placing agency or department of social services; written authorization from parent or guardian for temporary placement; assistance; involvement of parent or guardian in selection of adoptive parent; validity of authorization.
Sec. 23b.
(1) A child placing agency or the department that acquires legal and physical custody of a child pursuant to section 29 of this chapter or chapter XIIA may formally place a child for adoption under section 51 of this chapter. A child placing agency that acquires written authorization pursuant to subsection (3) from the parent or guardian having legal custody of a child may make a temporary placement of the child under section 23d of this chapter. A child placing agency may assist a parent or guardian to make a direct placement under section 23a of this chapter.
(2) In an agency placement, a child placing agency or the department may involve the parent or guardian of a child in the selection of an adoptive parent and may facilitate the exchange of identifying information or meetings between a biological parent and an adoptive parent.
(3) In a written document signed by a witness and by the parent or guardian in the presence of the witness, a parent or guardian having legal and physical custody of a child may authorize a child placing agency to make a temporary placement of the child under section 23d of this chapter. If the parent of the child being temporarily placed is an unemancipated minor, the authorization is not valid unless it is also signed in the presence of the witness by a parent or guardian of that minor parent.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23c - Placement of Child by Court.

710.23c Placement of child by court.
Sec. 23c.
A court that acquires legal and physical custody of a child pursuant to chapter XIIA may formally place a child for adoption under section 51 of this chapter.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23e - Temporary Placement; Hearing to Determine Custody; Petition; Ex Parte Order to Return Child to Parent or Guardian; Petition Requesting Court Jurisdiction; Temporary Disposition; Powers of Court; Act as Exclusive Remedy.

710.23e Temporary placement; hearing to determine custody; petition; ex parte order to return child to parent or guardian; petition requesting court jurisdiction; temporary disposition; powers of court; act as exclusive remedy.
Sec. 23e.
(1) Not later than 14 days after the filing of a petition by the prosecutor as required by section 23d(4) of this chapter, by a prospective adoptive parent as permitted in section 23d(6) of this chapter, or by a child placing agency as required by section 23d(7) of this chapter, the court shall hold a hearing to determine the custody of a child for whom a temporary placement has been made.
(2) Upon receiving a petition filed under section 23d(5) of this chapter, the court shall immediately issue an ex parte order directing the prospective adoptive parent to return the child to the parent or guardian with legal custody within 24 hours after receipt of the order, unless the court proceeds under subsection (3).
(3) The court may appoint an attorney to represent the child or refer the matter to the department. The attorney or the department may file a petition on the child's behalf requesting the court to take jurisdiction under section 2(b) of chapter XIIA. If that petition has not been filed within 14 days after the court appoints an attorney or refers the matter to the department under this section, the court shall order the return of the child to the parent or guardian with legal custody. During the period before the petition for jurisdiction under section 2(b) of chapter XIIA is filed and a preliminary hearing is held or the return of custody is ordered, the court shall remove the child from the home of the prospective adoptive parent and make a temporary disposition appropriate for the welfare of the child as authorized by section 18 of chapter XIIA.
(4) Subject to subsection (2), the court may appoint a guardian under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, in response to a petition filed by the prospective adoptive parent or another individual interested in the child's welfare, and make a temporary disposition appropriate for the child's welfare as authorized by section 18 of chapter XIIA until an order of guardianship is entered.
(5) The court may order the return of a child to a child placing agency that has obtained legal custody of the child.
(6) The court may appoint a guardian ad litem for the child or for a minor parent of the child.
(7) This act provides the exclusive remedy for all custody disputes arising out of a temporary placement.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995 ;-- Am. 2000, Act 55, Eff. Apr. 1, 2000
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.23g - Requirement to Provide Services That Conflict With Child Placing Agency's Religious Beliefs Prohibited; Adverse Action Against Child Placing Agency Prohibited.

710.23g Requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited.
Sec. 23g.
In accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, a child placing agency shall not be required to provide adoption services if those adoption services conflict with, or provide adoption services under circumstances that conflict with, the child placing agency's sincerely held religious beliefs contained in a written policy, statement of faith, or other document adhered to by the child placing agency. Also, in accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, the state or a local unit of government shall not take an adverse action against a child placing agency on the basis that the child placing agency has declined or will decline to provide adoption services that conflict with, or provide adoption services under circumstances that conflict with, the child placing agency's sincerely held religious beliefs contained in a written policy, statement of faith, or other document adhered to by the child placing agency.
History:
Add. 2015, Act 54, Eff. Sept. 9, 2015
Compiler's Notes:
Enacting section 1 of Act 54 of 2015 provides:"Enacting section 1. It is the intent of the legislature to protect child placing agencies' free exercise of religion protected by the United States constitution and the state constitution of 1963. This amendatory act is not intended to limit or deny any person's right to adopt a child."
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.25 - Proceedings; Priority; Disposition; Adjournment or Continuance.

710.25 Proceedings; priority; disposition; adjournment or continuance.
Sec. 25.
(1) All proceedings under this chapter shall be considered to have the highest priority and shall be advanced on the court docket so as to provide for their earliest practicable disposition.
(2) An adjournment or continuance of a proceeding under this chapter shall not be granted without a showing of good cause.
History:
Add. 1982, Act 72, Imd. Eff. Apr. 14, 1982
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.27a - Statement Consenting to or Denying Release of Identifying Information; Statement Providing Notice That Former Parent Deceased; Statement Releasing Adult Former Sibling's Name and Address; Presumption of Release of Certain Identifying Information.

710.27a Statement consenting to or denying release of identifying information; statement providing notice that former parent deceased; statement releasing adult former sibling's name and address; presumption of release of certain identifying information.
Sec. 27a.
(1) A former parent, including a former parent whose parental rights were terminated under chapter XII of this act, may file with the central adoption registry a statement consenting to or denying the release of the identifying information about that parent specified in section 27(3)(b) and (c). The consent or denial may be filed, updated, or revoked at any time.
(2) An adult former sibling may file a statement with the central adoption registry providing notice that a former parent is deceased. A copy of the former parent's death certificate or other evidence of the former parent's death shall be attached to the statement.
(3) An adult former sibling who knows the birth name of an adoptee may file with the central adoption registry a statement consenting to the release of the adult former sibling's name and address to the adult adoptee. The statement may be filed, updated, or revoked at any time.
(4) At the time of termination of parental rights under this chapter or chapter XIIA, the court shall inform each parent of the provisions described in this section and sections 27b, 68, 68a, and 68b. The court shall inform each parent that the parent's consent to the release of identifying information about that parent specified in section 27(3)(b) and (c) shall be presumed unless the parent files a statement with the central adoption registry denying the release of the information about that parent. The court shall explain the parent's right to file, update, or revoke the denial at any time, and shall provide each parent with the forms prescribed under section 27b.
History:
Add. 1994, Act 208, Eff. Jan. 1, 1995 ;-- Am. 2012, Act 385, Imd. Eff. Dec. 19, 2012
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.31 - Child Born Out of Wedlock; Inability to Obtain Release or Consent of Natural Father; Release by Mother; Petition of Dependency or Neglect; Order Authorizing Temporary Care; Delaying Formal Execution of Mother's Release.

710.31 Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execution of mother's release.
Sec. 31.
(1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by the court as provided in section 37 or 39 of this chapter, by the court pursuant to chapter XIIA, or by a court of competent jurisdiction in another state or country.
(2) Pending the termination or other disposition of the rights of the father of a child born out of wedlock, the mother may execute a release terminating her rights to the child. If the mother releases the child, the child placing agency or department to which the child is released may file a petition of dependency or neglect pursuant to chapter XIIA. Pending disposition of the dependency or neglect petition, the court may enter an order authorizing temporary care of the child.
(3) At the request of the mother, her formal execution of a release or consent shall be delayed until after court determination of the status of the putative father's request for custody of the child.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.33 - Notice of Intent to Claim Paternity.

710.33 Notice of intent to claim paternity.
Sec. 33.
(1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may file a verified notice of intent to claim paternity with the court in any county of this state. The form of the notice shall be prescribed by the director of the department of public health and provided to the court. The notice shall include the claimant's address. On the next business day after receipt of the notice the court shall transmit the notice to the vital records division of the department of public health. If the mother's address is stated on the notice, the vital records division shall send a copy of the notice by first-class mail to the mother of the child at the stated address.
(2) A person filing a notice of intent to claim paternity shall be presumed to be the father of the child for purposes of this chapter unless the mother denies that the claimant is the father. Such a notice is admissible in a paternity proceeding under Act No. 205 of the Public Acts of 1956, as amended, being sections 722.711 to 722.730 of the Michigan Compiled Laws, and shall create a rebuttable presumption as to the paternity of that child for purposes of that act. Such a notice shall create a rebuttable presumption as to paternity of the child for purposes of dependency or neglect proceedings under chapter 12a.
(3) A person who timely files a notice of intent to claim paternity shall be entitled to notice of any hearing involving that child to determine the identity of the father of the child and any hearing to determine or terminate his paternal rights to the child.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.34 - Ex Parte Petition Evidencing Intent to Release or Consent; Notice of Intent to Release or Consent; Form.

710.34 Ex parte petition evidencing intent to release or consent; notice of intent to release or consent; form.
Sec. 34.
(1) In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody of an expected child or in the mother's intended release of an expected child for adoption or consent to adoption of the expected child, and in order to facilitate early placement of a child for adoption, a woman pregnant out of wedlock may file with the court an ex parte petition which evidences her intent to release her expected child for adoption or to consent to the child's adoption, which indicates the approximate date and location of conception and the expected date of her confinement, which alleges that a particular person is the putative father of her expected child, and which requests the court to notify the putative father about his rights to file a notice of intent to claim paternity pursuant to section 33. The petition may allege more than 1 putative father where circumstances warrant. The petition shall be verified. Upon the filing of the petition, the court shall issue a notice of intent to release or consent, which notice shall be served upon the putative father by any officer or person authorized to serve process of the court. Proof of service shall be filed with the court.
(2) A notice of intent to release or consent shall:
(a) Indicate the approximate date and location of conception of the child and the expected date of confinement of the mother.
(b) Inform the putative father of his right under section 33(1) to file a notice of intent to claim paternity before the birth of the child.
(c) Inform the putative father of the rights to which his filing of a notice of intent to claim paternity will entitle him under section 33(3).
(d) Inform the putative father that his failure to file a notice of intent to claim paternity before the expected date of confinement or before the birth of the child, whichever is later, shall constitute a waiver of his right to receive the notice to which he would otherwise be entitled under section 33(3) and shall constitute a denial of his interest in custody of the child, which denial shall result in the court's termination of his rights to the child.
(3) The form of the notice of intent to release or consent shall be approved by the supreme court administrator and shall be consistent with this section.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.37 - Termination of Rights of Putative Father.

710.37 Termination of rights of putative father.
Sec. 37.
(1) If the court has proof that the person whom it determines pursuant to section 36 to be the father of the child was timely served with a notice of intent to release or consent pursuant to section 34(1) or was served with or waived the notice of hearing required by section 36(3), the court may permanently terminate the rights of the putative father under any of the following circumstances:
(a) The putative father submits a verified affirmation of his paternity and a denial of his interest in custody of the child.
(b) The putative father files a disclaimer of paternity. For purposes of this section the filing of the disclaimer of paternity shall constitute a waiver of notice of hearing and shall constitute a denial of his interest in custody of the child.
(c) The putative father was served with a notice of intent to release or consent in accordance with section 34(1), at least 30 days before the expected date of confinement specified in that notice but failed to file an intent to claim paternity either before the expected date of confinement or before the birth of the child.
(d) The putative father is given proper notice of hearing in accordance with section 36(3) or 36(5) but either fails to appear at the hearing or appears and denies his interest in custody of the child.
(2) If the identity of the father cannot be determined, or if the identity of the father is known but his whereabouts cannot be determined, the court shall take evidence to determine the facts in the matter. The court may terminate the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate the father and that any of the following circumstances exist:
(a) The putative father, whose identity is not known, has not made provision for the child's care and did not provide support for the mother during her pregnancy or during her confinement.
(b) The putative father, whose identity is known but whose whereabouts are unknown, has not provided support for the mother, has not shown any interest in the child, and has not made provision for the child's care, for at least 90 days preceding the hearing required under section 36.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.41 - Conditions to Placing Child in Home for Purpose of Adoption; Adoption by Foster Parent or by Petitioner Married to Parent Having Legal Custody.

710.41 Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody.
Sec. 41.
(1) Except as provided in section 23d of this chapter, a child shall not be placed in a home for the purpose of adoption until an order terminating parental rights has been entered pursuant to this chapter or chapter XIIA and the court has formally approved placement under section 51 of this chapter. After an order terminating parental rights has been entered, the court shall enter any appropriate orders pursuant to sections 45, 46, and 51 of this chapter. Such orders shall not be withheld because the period specified for a rehearing or an appeal as of right has not expired, or because of the pendency of any rehearing or appeal as of right.
(2) If an order terminating parental rights is entered pursuant to this chapter or chapter XIIA, the child may be placed in a home for the purpose of adoption during the period specified for a rehearing or an appeal as of right and the period during which a rehearing or appeal as of right is pending. When a child placing agency, the court, or the department formally places a child or the court approves placement of a child pursuant to this subsection, the child placing agency, court, or department shall inform the person or persons in whose home the child is placed that an adoption will not be ordered until 1 of the following occurs:
(a) The petition for rehearing is granted, at the rehearing the order terminating parental rights is not modified or set aside, and subsequently the period for appeal as of right to the court of appeals has expired without an appeal being filed.
(b) The petition for rehearing is denied and the period for appeal as of right to the court of appeals has expired without an appeal being filed.
(c) There is a decision of the court of appeals affirming the order terminating parental rights.
(3) This section shall not be construed to prevent a child residing in a licensed foster home from being adopted by the foster parent or parents.
(4) This section does not apply if the petitioner for adoption is married to a parent having legal custody of the child.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 116, Eff. Sept. 12, 1980 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.46 - Investigation; Considerations; Report; Waiver.

710.46 Investigation; considerations; report; waiver.
Sec. 46.
(1) Upon the filing of an adoption petition, the court shall direct a full investigation by an employee or agent of the court, a child placing agency, or the department. The court may use the preplacement assessment described in section 23f of this chapter and may order an additional investigation by an employee or agent of the court or a child placing agency. The following shall be considered in the investigation:
(a) The best interests of the adoptee.
(b) The adoptee's family background, including names and identifying data regarding the parent or parents, if obtainable.
(c) The reasons for the adoptee's placement away from his or her parent or parents.
(2) A written report of the investigation shall be filed within 3 months after the order for investigation.
(3) If the adoptee has been placed for foster care with the petitioner for 12 months or longer and the foster family study was completed or updated not more than 12 months before the petition was filed, the court, upon motion by the petitioner, may waive the full investigation required by this section. The foster family study, with information added as necessary to update or supplement the original study, may be substituted for the written report required under subsection (2).
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.48 - Repealed. 1980, Act 288, Eff. Oct. 17, 1980.

710.48 Repealed. 1980, Act 288, Eff. Oct. 17, 1980.
Compiler's Notes:
The repealed section pertained to subsidies.
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.52 - Supervision of Child; Reports.

710.52 Supervision of child; reports.
Sec. 52.
(1) Subject to subsection (2), during the period before entry of the order of adoption, the child shall be supervised at the direction of the court by an employee or agent of the court, a child placing agency, or the department, who shall make reports regarding the adjustment of the child in the home as the court orders. The investigations shall be made under reasonable circumstances and at reasonable intervals.
(2) In a direct placement, the child shall be supervised during the period before entry of the order of adoption by the child placing agency that investigated the placement under section 46 of this chapter or, in the court's discretion, by another child placing agency.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.55 - Persons Authorized to Place Child for Adoption or Advertise For, Solicit, or Recruit Biological or Adoptive Parents or Guardians; Violation as Misdemeanor; Penalty; “Advertise For, Solicit, or Recruit” Defined.

710.55 Persons authorized to place child for adoption or advertise for, solicit, or recruit biological or adoptive parents or guardians; violation as misdemeanor; penalty; “advertise for, solicit, or recruit” defined.
Sec. 55.
(1) Only a person specified in sections 23a(1), 23b(1), and 23c of this chapter may place a child for adoption. A prospective adoptive parent may advertise for, solicit, or recruit biological parents or guardians of potential adoptees for the purposes of a court-supervised adoption. A biological parent or guardian, the court, department, or child placing agency with authority to place a child may advertise for, solicit, or recruit potential adoptive parents only to fulfill the purposes of a court-supervised adoption of that child. No other person or entity may advertise for, solicit, or recruit prospective parents for the purpose of facilitating the transfer, adoption, or other permanent placement of a child.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both, for the first violation, and of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both, for each subsequent violation. The court may enjoin from further violations any person who violates this section.
(3) As used in this section, "advertise for, solicit, or recruit" means to communicate in person, in writing, or via any medium, public or private, for the purpose of locating a previously unknown person or entity with whom to temporarily or permanently place a child. Advertise for, solicit, or recruit does not include disseminating information about the availability of an attorney's legal services, including an advertisement or website as allowed under the Michigan rules of professional conduct.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 2016, Act 481, Eff. Apr. 6, 2017 ;-- Am. 2020, Act 183, Imd. Eff. Oct. 8, 2020
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.55a - Representation by Attorney.

710.55a Representation by attorney.
Sec. 55a.
(1) An attorney shall not represent a party in a direct placement adoption unless the attorney is an adoption attorney. An attorney or law firm shall not serve as the attorney for, or provide legal services to, both a parent or guardian and a prospective adoptive parent.
(2) In a direct placement or agency placement adoption, if the minor parent of a child who is a potential adoptee is not represented by an attorney, the adoption attorney or child placing agency that is providing adoption services involving that minor parent shall provide the minor parent with an opportunity to discuss with an attorney who is not associated with the adoption attorney or child placing agency the legal ramifications of a consent or release, or of the termination of parental rights, before the execution of a consent or release or the termination of parental rights.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.56a - Repealed. 2008, Act 331, Eff. Dec. 18, 2008.

710.56a Repealed. 2008, Act 331, Eff. Dec. 18, 2008.
Constitutionality:
The repealed section pertained to entry of adoption order.
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.58 - Order of Adoption; Certified Copies.

710.58 Order of adoption; certified copies.
Sec. 58.
When the court enters an order of adoption, certified copies shall be given to the adopting parent or parents. If the consent to the adoption was given by a duly authorized representative of the department, of a child placing agency, or of a public or licensed private agency of another state or country, a certified copy of the order of adoption shall be furnished by the court to the department or agency.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.58a - Information to Be Forwarded by Court; “Primary Adoption Facilitator” and “Public Information Form” Defined.

710.58a Information to be forwarded by court; “primary adoption facilitator” and “public information form” defined.
Sec. 58a.
(1) Beginning on the effective date of section 14c of Act No. 116 of the Public Acts of 1973, being section 722.124c of the Michigan Compiled Laws, the court shall forward to the department, not later than 15 days after the entry of an order of adoption pursuant to section 56 of this chapter, either of the following:
(a) A public information form filled out and filed with the court by the primary adoption facilitator and completed by the court as provided in subsection (2).
(b) If the primary adoption facilitator has not filed a form, a public information form completed by the court that consists only of the name of the primary adoption facilitator and the confidential information as prescribed by section 14d of Act No. 116 of the Public Acts of 1973, being section 722.124d of the Michigan Compiled Laws.
(2) If the primary adoption facilitator has filed a public information form with the court and has indicated that he or she does not have access to certain information required on the public portion of the form, the court shall complete the form by filling in missing information that is contained in court records to which the primary adoption facilitator does not have access. The court shall complete all public information forms filed with the court by filling in the information required on the confidential portion of the form.
(3) As used in this section, "primary adoption facilitator" and "public information form" mean those terms as defined in section 14b of Act No. 116 of the Public Acts of 1973, being section 722.124b of the Michigan Compiled Laws.
History:
Add. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-X - Chapter X Michigan Adoption Code (710.1...710.70) › Section 710.59 - Changing Name of Adopted Child; Effect on Order of Adoption and Exemplification of Record.

710.59 Changing name of adopted child; effect on order of adoption and exemplification of record.
Sec. 59.
Where the parents or surviving parent has given consent to an adoption and the petitioner desires to change the name of the adopted child, the order of adoption and exemplification of record shall not contain the name of the child's natural parents or the name bestowed upon the child before the adoption.
History:
Add. 1974, Act 296, Eff. Jan. 1, 1975
Popular Name:
Probate Code