Michigan Attorneys Handle the Legal Aspects of Adoption
Sterling Heights firm assists prospective parents
Making the decision to adopt a child is exciting and emotional, but you cannot overlook the detailed legal process that must be completed before the placement is finalized. At Goetting Corrado Law Group, P.C., our experienced Michigan adoption attorneys have helped countless prospective parents grow their families. From our office in Sterling Heights, we provide comprehensive counsel to Macomb and Oakland County clients at every stage of their adoption journey. Whether you have questions about which type of adoption to pursue, need to prepare for the home study or require skillful representation in Family Court, we are here for you.
Different types of adoptions
Before starting the placement process, prospective parents must decide which type of adoption to pursue. Most children are infants when they are adopted; however, there are many older children who are currently under state care and looking for a permanent home. Some options for people intending to become adoptive parents include:
- Agency adoption — Some birth mothers choose to use an authorized agency to manage the adoption process. In these cases, parental rights are transferred to the agency, which screens potential adoptive parents and chooses where to place the child, possibly with the assistance of the birth mother.
- Direct placement — With a direct placement, the birth mother retains parental rights until the adoption is completed. The birth mother receives a preplacement assessment of the prospective adopting family before the placement and might also seek the advice of a child-placement agency or attorney before making a final decision.
- State and court ward adoption — Children whose biological parents are deceased or have lost their parental rights are referred to as wards of the state or the court. Often, these adoptions start with foster care arrangements.
- Stepparent and relative adoption — A stepparent or relative might choose to adopt a child when a birth mother or father has died or is no longer their legal parent. The existing relationship can support a case for adoption by giving legal standing to someone who already is assisting in raising the child.
Whatever path is best for you, our attorneys provide knowledgeable, compassionate guidance to ease your burden as you grow your family.
Michigan’s adoption process
For any adoption to be legal, the birth parents must consent to the adoption (unless parental rights have been legally terminated for some other reason, such as neglect or abuse). In Michigan, a birth parent cannot consent to an adoption until 72 hours have passed since delivery. At that point, biological parents can sign an out-of-court consent form. This means that birth parents can legally change their minds about adoption at any point before the birth of the child because they have not yet given their consent to the adoption. Even after the child has been placed in the adoptive home, Michigan law gives birth parents five business days in which they can revoke their consent to the adoption.
Requirements for people seeking to become adoptive parents
Parenting is a profound, long-term responsibility. Accordingly, Michigan has detailed requirements for those who wish to adopt a child. Someone who wants to become a legal parent must be at least 18 years of age and provide three references regarding their character and ability to raise a child. They are also required to attend parenting classes and complete a licensing application.
Information reviewed during the applicants’ background check
All states require adoptive parents to undergo an investigation to make sure that they are fit to raise a child. This investigation is called a home study. Michigan’s Department of Health and Human Services licenses adoption and social work agencies to conduct these home studies, where a reviewer examines the adoptive parents’ home life and prepares a report for the court with a positive or negative recommendation for adoption. The court has discretion over the final decision.
The social worker will consider various factors related to the parents’ ability to raise a child, including, but not limited to, the following:
- Financial stability
- Marital stability
- Lifestyle
- Other children
- Career obligations
- Physical and mental health
In recent years, the home study has become more than just a method of investigating prospective parents as it serves to educate and inform them as well. The social worker helps prepare the adoptive parents by discussing issues with them beforehand. These may include how and when to talk with the child about their adoption and how to deal with reactions to the adoption from friends and family members. If the social worker writes a negative report, the person wishing to adopt may contest it.
Though each case is evaluated on its own merits, a criminal background check is performed on the prospective parents as part of the preplacement assessment. The report will state whether either potential adoptive parent was ever criminally convicted or if they were ever a respondent in a hearing concerning allegations of domestic violence or the abuse or neglect of a child. Certain nonviolent crimes might not disqualify someone who wants to become a parent, but it’s wise to speak with one of our experienced family lawyers as soon as possible if you believe something in your background might be an obstacle to your adoption.
Speak with a Michigan family lawyer regarding the state’s adoption process
Goetting Corrado Law Group, P.C. advises Michigan clients who are seeking to add to their family through adoption. To make an appointment for a free consultation at our Sterling Heights office, please call 586-544-7825 or contact us online.