HB-5828, As Passed Senate, December 10, 2008
(As amended June 27, 2008)
February 28, 2008, Introduced by Rep. Mayes and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
(MCL 710.21 to 712A.32) by adding section 56a to chapter X; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 56a. (1) Beginning January 1, 2004, if an application for
adoption has been filed under this chapter and all the requirements
of subsection (2) for entering an order of adoption under this
chapter have been met, the [ ] probate court may enter an
order of adoption, even if the adoptee is deceased at the time the
order of adoption is entered.
(2) The [ ] probate court may enter an order of
adoption under subsection (1) by the foster parents of the deceased
adoptee if all of the following requirements are met:
(a) The foster parent or parents were available for adoption.
(b) The parental rights of the adoptee's parents were
terminated and the child has been committed to the Michigan
children's institute by a court that has jurisdiction over the
child.
(c) The foster parents desire to adopt the adoptee.
(d) The adoption procedures have been initiated under this
chapter.
(e) The Michigan children's institute supervisor would have
granted consent to the adoption as required under section 43(1)(b)
of this chapter after all the appropriate adoption procedures and
requirements had been met.
(3) The department shall not reimburse the adoptive parent or
parents for any medical expenses incurred for or on behalf of the
deceased adoptee and shall not pay medical assistance to the
adoptive parent or parents as described in the provisions of
section 115h of the social welfare act, 1939 PA 280, MCL 400.115h.
(4) This section is repealed immediately after an order for
adoption is issued under this section.