November 2, 2005, Introduced by Reps. Condino, Tobocman, Kolb, Alma Smith, Donigan, Cushingberry, Leland, Lipsey, Plakas, Miller, Meisner, Hopgood, Drolet, Byrnes, Anderson, Vagnozzi, Whitmer, Gillard, Accavitti, Clack, Gonzales, Zelenko, Williams, Waters, Polidori, Kathleen Law, Farrah, Bennett and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 24 (MCL 710.24), as amended by 2004 PA 487.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24. (1) If a person desires to adopt a child or an adult
and to bestow upon the adoptee his or her family name, or to adopt
a child or an adult without a name change, with the intent to make
the adoptee his or her heir, that person, together with his wife or
her husband, if married, shall file a petition with the court of
the county in which the petitioner resides or where the adoptee is
found or, if the petitioner and adoptee reside out of state, where
the parent's parental rights were terminated or are pending
termination. If both parents' parental rights were terminated at
different times and in different courts, a petition filed under
this section shall be filed in the court of the county where
parental rights were first terminated. If there has been a
temporary placement of the child, the petition for adoption shall
be filed with the court that received the report described in
section 23d(2) of this chapter. Two unmarried persons may join in
the adoption of a child and together shall file a petition with the
court as prescribed in this section. An already existing legal
parent of a child may directly consent to another adult adopting
that child, in which case termination of the existing legal
parent's parental rights is unnecessary.
(2) In an adoption proceeding in which there is more than 1
applicant, the petition for adoption shall be filed with the court
of the county where the parent's parental rights were terminated or
are pending termination. If both parents' parental rights were
terminated at different times and in different courts, a petition
filed under this section shall be filed in the court of the county
where parental rights were first terminated.
(3) If a petition to adopt is filed in a county other than
that in which the petitioner resides or the prospective adoptee is
found, the chief judge of the court may, upon motion, enter an
order transferring jurisdiction of the matter to the court of the
county in which the petitioner resides or the prospective adoptee
is found.
(4) The petition for adoption shall be verified by each
petitioner and shall contain the following information:
(a) The name, date and place of birth, and place of residence
of each petitioner, including the maiden name of the adopting
mother.
(b) Except as otherwise provided in subsection (7), the name,
date and place of birth, and place of residence if known of the
adoptee.
(c) The relationship, if any, of the adoptee to the
petitioner.
(d) The full name by which the adoptee shall be known after
adoption.
(e) The full description of the property, if any, of the
adoptee.
(f) Unless the rights of the parents have been terminated by a
court of competent jurisdiction or except as otherwise provided in
subsection (7), the names of the parents of the adoptee and the
place of residence of each living parent if known.
(g) Except as otherwise provided in subsection (7), the name
and place of residence of the guardian of the person or estate of
the adoptee, if any has been appointed.
(5) In a direct placement, the petitioner shall attach to the
petition a verified statement certifying that the petitioner has
been informed of the availability of counseling services and
whether the petitioner has received counseling.
(6) Except as otherwise provided in this subsection, in a
direct placement, the petitioner shall attach a copy of a
preplacement assessment of the petitioner completed or updated
within 1 year before the petition is filed with a finding that the
petitioner is suitable to be a parent of an adoptee, copies of all
other preplacement assessments of the petitioner, if any others
have been completed, and a verified statement stating that no
preplacement assessments of the petitioner have been completed
other than those attached to the petition and explaining any
preplacement assessments of the petitioner that have been initiated
but not completed. If the petitioner is seeking review of a
preplacement assessment under section 23f(8) of this chapter, the
petitioner may comply with this subsection by attaching a copy of
that preplacement assessment and a copy of the application for
review, together with copies of all other preplacement assessments
and the verified statement required by this section.
(7) In a direct placement in which the parties have elected
not to exchange identifying information, the information required
by subsection (4)(f) and (g) and the surname and place of residence
of the adoptee required under subsection (4)(b) may be omitted. The
attorney or child placing agency assisting in the adoption shall
file a verified statement containing the omitted information.