10th Mar 2025

Common Adoption Questions in Michigan
Adoption with a home and 2 parents, 2 kids, and a baby laying its hand on an adult hand
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Adoption can be an exciting event, but it can also feel very overwhelming, especially when you are in the beginning stages of the process. Hiring legal counsel for the entire adoption process to assist you through all obstacles that may arise is highly recommended. This will make the adoption go as smoothly as possible. A few questions regarding adoption in Michigan are as follows:

Do I have to be married to adopt a child? Who can legally adopt in Michigan?

You do not have to be married to adopt in Michigan. As long as you are over 18 years of age, the following are eligible to begin the adoption process:

  • Single Adult
  • Married Couple
  • Stepparents

It is important to note that, in Michigan two single individuals (unmarried couples) cannot adopt the same child. You must be married or only one person will be able to legally adopt the child. However, the court may also permit a married person to adopt without the other spouse under certain specific circumstances.

What are the most common types of adoption in Michigan?

  • Agency Placement Adoptions
  • Direct-Placement Adoptions
  • Relative Adoptions
  • Stepparent Adoptions
  • Guardianship Adoptions
  • Adoptions through the Department of Health and Human Services (DHHS)/Michigan Children’s Institute (MCI)
  • Adult Adoptions
  • Same Sex or Second Parent Adoption

What is an adoption home study or preplacement assessment?

The state requires a child-placing agency to conduct a preplacement assessment, commonly referred to as a home-study, in all adoptions where children are not placed with a close relative, stepparent, or guardian. This study assesses your home and family with different phases such as a documentation phase, a home inspection phase, and individual family member interview phase. If placement has been approved, a few additional home studies may be performed prior to the adoption being finalized. An adoption home study may review the following:

*The family’s personal history, their home, financial situation, health, and employment of the individual or family that will be adopting the child;

*They will discuss discipline, religion, and family support;

*They will assess the safety of your home and make the adoptive parent(s) aware of improvements that need to be made;

*They will interview each family member that lives in the household to ensure everyone is ready to bring a new child into the home;

*They will conduct a criminal background check (There are certain offenses that would prohibit someone from being able to adopt a child.); and,

*They will provide the required adoption training.

It is extremely important to be as open and honest as possible during the home study or preplacement assessment.

Is a new birth certificate issued when a child is adopted?

A new birth certificate will be issued after adoption is complete if the new parent(s) request one. The birth certificate will show the adoptive parent(s) as the parents of the child. The birth certificate does not show any indication that the child has been adopted.

What are the different types of relationships between birth parent(s) and adoptive parent(s)?

There are several types of adoption relationships that can take place between the birth parent(s) and adoptive parent(s). They are:

Open Adoption: An open adoption is one in which the adoptive parent(s) agrees to the exchange of contact information with the birth parent(s) and potentially develop a relationship. In choosing an open adoption, the birth parent can reach out to the adoptive family as agreed to by the adoptive parent(s) for as long as the adoptive parent(s) welcomes such contact. It is important to note that just because an adoption is “open” does not mean that the birth parent has any right to see the child or be involved in the child’s life in any way. All contact between the adoptive parent and the birth parent is completely at the discretion of the adoptive parent, there is no legal contract or parental right for the birth parent to enforce. Open adoption may not be appropriate in some circumstances. That being said, some positive reasons for open adoption are:

*The birth parent(s) can get to know the adoptive parent(s)-Developing a relationship with the adoptive family could be positive for all the parties involved.

*When the time comes, the birth parent will be able to explain to the child why they decided to place them in adoption.

*The child will have the opportunity to know the birth parent and they will be able to watch the child grow up.

Semi-Open Adoption: Semi-open adoption is more of a restricted open adoption. In a semi-open adoption, all communication between the adoptive parent(s) and the birth parent(s) is facilitated through an agency. It is common for the birth mother and/or birth father to meet the adoptive parent(s) before the baby is born. After the baby is born, the adoptive parent(s) may agree to send pictures and updates to the birth parent(s) or even agree to meet when the child is older and wishes to meet their birth parent(s). Again, as with open adoption, there are no guarantees. The adoptive parent(s) still have all of the parental legal rights to the child and will do what they feel is in the best interests of the child.

Closed Adoption: In a closed adoption, no identifying information is exchanged between the birth mother and the adoptive parent(s). It is not always the adoptive parent(s) that choose a closed adoption. The birth parent(s) may wish to remain anonymous and ask that the central adoption registry not allow the release of their identifying information.

Can the birth parent(s) change their minds?

There are opportunities throughout the adoption process for the birth parent(s) to change their minds. This is a risk that every adoptive family needs to understand and be ready for throughout the adoption journey. Even if the birth parent(s) have already given an out-of-court consent (a document signed by the birth parent relinquishing all parental rights outside of a court hearing), they can request revocation within 5 business days after the release or consent was signed, excluding weekends and holidays. The court must make several judicial determinations before granting the revocation. If the birth parent(s) execute a release for adoption in court before the judge or other judicial officer, it may not be rendered void unless it is proved that it was involuntarily executed. The court may only grant a rehearing for good cause. The birth parent(s) have 21 days after executing a release in court to petition for a rehearing to revoke the release. It is more difficult for a revocation of consent to be granted to the birth parents with an in-court release than with an out of court consent.

What is the Central Adoption Registry?

Adoption files in Michigan are confidential. The Central Adoption Registry (run by the Health and Human Services Department of Michigan) contains information from birth parent(s) and adult former siblings allowing or denying information about them to be released to the adopted person. The adopted person must be 18 years of age or older to have a court or agency request the information from the registry. Identifying and non-identifying information are treated differently. Non-identifying information is to be given to adult adoptees within 63 days of the request. Identifying information may be released only under certain conditions, such as the consent and denials filed by the biological parent(s) with the central adoption agency.

It is crucial for all parties involved to remember that adoption laws vary from state to state and the parameters surrounding adoption can be complicated, so it would be wise to seek legal counsel if you decide to pursue adoption so they can guide you through the entire process.

Written by Monica Rossi Baylis

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