September 9, 2015, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 51 of chapter X (MCL 710.51), as amended by
1996 PA 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 51. (1) Not later than 14 days after receipt of the
report of investigation, except as provided in subsections (2) and
(5), the judge shall examine the report and shall enter an order
terminating the rights of the child's parent or parents, if there
was a parental consent, or the rights of any person in loco
parentis, if there was a consent by other than parents, and approve
placement of the child with the petitioner if the judge is
satisfied as to both of the following:
(a) The genuineness of consent to the adoption and the legal
authority of the person or persons signing the consent.
(b) The best interests of the adoptee will be served by the
adoption.
(2) If it is necessary to hold a hearing before entering an
order terminating the rights of a parent, parents, or a person in
loco parentis, or if other good cause is shown, the time specified
in subsection (1) shall be extended for an additional 14-day
period.
(3) Upon entry of an order terminating rights of parents or
persons in loco parentis, a child is a ward of the court and a
consent
to adoption executed pursuant to under section 43 of this
chapter shall not be withdrawn after the order is entered. Entry of
the order terminates the jurisdiction of the same court or another
court over the child in a divorce or separate maintenance action.
If the petitioner for adoption is married to the parent having
legal custody of the child, the child shall not be made a ward of
the court after termination of the rights of the other parent.
(4) Without making the child a ward of the court, the court
may approve placement of a child if the child is placed for
adoption in this state by a public or licensed private agency of
another state or country and if the law of the sending state or
country prohibits the giving of consent to adoption at the time of
placement. Before placement of the child in that instance, the
sending agency shall tender evidence as the court requires to
demonstrate that the agency possesses the necessary authority to
consent to the adoption at the time of entry of the final order of
adoption. After the sending agency has given evidence of its
ability to consent, the agency shall not do anything to jeopardize
its ability to grant the required consent before entry of the final
order of adoption. After the sending agency gives its consent for
the adoption, that consent shall not be withdrawn.
(5) If a parent having legal custody of the child is married
to the petitioner for adoption, the judge shall not enter an order
terminating the rights of that parent.
(6) If the parents of a child are divorced, or if the parents
are unmarried but the father has acknowledged paternity or is a
putative father who meets the conditions in section 39(2) of this
chapter,
and if the a parent having legal custody of the child
according to a court order subsequently marries and that parent's
spouse petitions to adopt the child, the court upon notice and
hearing may issue an order terminating the rights of the other
parent if both of the following occur:
(a) The other parent, having the ability to support, or assist
in supporting, the child, has failed or neglected to provide
regular and substantial support for the child or if a support order
has been entered, has failed to substantially comply with the
order, for a period of 2 years or more before the filing of the
petition. A child support order stating that support is $0.00 or
that support is reserved shall be treated in the same manner as if
no support order has been entered.
(b) The other parent, having the ability to visit, contact, or
communicate with the child, has regularly and substantially failed
or neglected to do so for a period of 2 years or more before the
filing of the petition.
(7) Unless otherwise ordered by the court, the prospective
adoptive
parents with whom a child is placed pursuant according to
a court order approving placement under this section may consent to
all medical, surgical, psychological, educational, and related
services for the child.