October 13, 2009, Introduced by Senators HARDIMAN, JANSEN, BARCIA, GARCIA, VAN WOERKOM, BIRKHOLZ, ALLEN, PAPPAGEORGE, KAHN and GILBERT and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 43 of chapter X (MCL 710.43), as amended by
1996 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 43. (1) Subject to this section and sections 44 and 51 of
this chapter, consent to adoption of a child shall be executed:
(a) By each parent of a child to be adopted or the surviving
parent, except under the following circumstances:
(i) The rights of the parent have been terminated by a court of
competent jurisdiction.
(ii) The child has been released for the purpose of adoption to
a child placing agency or to the department.
(iii) A guardian of the child has been appointed.
(iv) A guardian of a parent has been appointed.
(v) A parent having legal custody of the child is married to
the petitioner.
(b) By the authorized representative of the department or his
or her designee or of a child placing agency to whom the child has
been permanently committed by an order of the court.
(c) By the court or by a tribal court having permanent custody
of the child.
(d) By the authorized representative of the department or his
or her designee or of a child placing agency to whom the child has
been released.
(e) By the guardian of the child, subject to subsection (5),
if a guardian has been appointed.
(f) By the guardian of a parent, subject to subsection (6), if
a guardian has been appointed.
(g) By the authorized representative of a court or child
placing agency of another state or country that has authority to
consent to adoption.
(2) If the child to be adopted is over 14 years of age, that
child's consent is necessary before the court may enter an order of
adoption.
(3) If the individual to be adopted is an adult, the
individual's consent is necessary before the court may enter an
order of adoption, but consent by any other individual is not
required.
(4) If the parent of the child to be adopted is an
unemancipated minor, that parent's consent is not valid unless a
parent, guardian, or guardian ad litem of that minor parent has
also executed the consent.
(5) The guardian of the child to be adopted shall not execute
a
consent to that child's adoption pursuant according to subsection
(1) unless the guardian has first obtained authority to execute the
consent from the court that appointed the guardian.
(6) The guardian of a parent shall not execute a consent to
the
adoption of the parent's child pursuant according to subsection
(1) unless the guardian has first obtained authority to execute the
consent from the court that appointed the guardian. The consent
shall have the same effect as if the consent were executed by the
parent.
(7) If the petitioner for adoption is married to the parent
having legal custody of the child and that parent has joined the
petitioner in filing the petition for adoption, that parent shall
not execute a consent to the adoption. The consent of the parent
who does not have legal custody of the child and whose parental
rights have not been terminated shall be executed before the court
may enter an order of adoption under section 56 of this chapter.