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How does the adoption process work in Michigan?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Michigan's Adoption Code (MCL 710.21 et seq.) is administered in Probate or Family Division of Circuit Court.

1. Types of Adoption

  • Agency adoption (MCL 710.41) — DHHS or licensed private agency.
  • Direct (private) placement (MCL 710.23a).
  • Step-parent adoption (MCL 710.51) — simplified procedure.
  • Adult adoption (MCL 710.24).
  • International adoption under Hague.

    • 2. Petitioner Eligibility

    MCL 710.24 allows any person, including unmarried adults and married couples (jointly), to adopt. There is no fixed Michigan residency requirement, but the court must have proper jurisdiction.

    3. Consent Requirements

    Under MCL 710.29, a release (formal relinquishment) cannot be signed by the birth parent earlier than 72 hours after the child's birth. After the court enters an order terminating parental rights under MCL 710.51, a parent has 5 days to file a Petition to Rescind (MCL 710.64). After that 5-day window, the release is final absent fraud.

    4. Home Study

    A pre-placement assessment under MCL 710.23f is required for all direct placements and conducted by a licensed Michigan adoption agency or court-designated assessor. Step-parent adoptions are exempt unless the court orders one. A 6-month post-placement supervisory period is required before finalization (MCL 710.51).

    5. Termination of Parental Rights (TPR)

    Voluntary via release. Involuntary under the Juvenile Code (MCL 712A.19b) for neglect, abuse, or abandonment. Interstate placements require ICPC approval (MCL 3.711). ICWA (25 U.S.C. § 1901) applies, and Michigan also has its own state ICWA, the Michigan Indian Family Preservation Act (MCL 712B.1 et seq.).

    6. Finalization Hearing

    After the 6-month placement period, the court enters the Order of Adoption (MCL 710.56). The State Registrar then issues an amended birth certificate (MCL 333.2829).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Petition to Rescind filed within 5-day window after release
    • Possible application of the Michigan Indian Family Preservation Act
    • Contested putative-father claim under MCL 710.39
    Related Statutes & Laws
    • MCL 710.21 et seq.
    • MCL 710.29
    • MCL 710.64
    • MCL 712B.1 (MIFPA)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.