Bill Text: MI HB5743 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Children; adoption; court in which adoption petition may be filed; modify. Amends sec. 24, ch. X of 1939 PA 288 (MCL 710.24).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-31 - Assigned Pa 531'14 With Immediate Effect 2014 Addenda [HB5743 Detail]
Download: Michigan-2013-HB5743-Introduced.html
HOUSE BILL No. 5743
September 9, 2014, Introduced by Reps. Rendon and Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 24 of chapter X (MCL 710.24), as amended by
2012 PA 614.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 24. (1) Except as otherwise provided in this section, 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.
(2) Notwithstanding any other provision in this section, the
court may allow either of the following to occur:
(a) A married individual to adopt an adult without his or her
spouse joining in the petition if all of the interested parties
consent.
(b) A married individual to adopt without his or her spouse
joining in the petition if the failure of the other spouse to join
in the petition or to consent to the adoption is excused by the
court for good cause shown or in the best interest of the child.
(3) 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.
(4)
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) (5)
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 (8), (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
(8), (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 (8), (7), the
name and place of residence of the guardian of the person or estate
of the adoptee, if any has been appointed.
(5) (6)
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) (7)
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) (8)
In a direct placement in which the
parties have
elected not to exchange identifying information, the information
required
by subsection (5)(f) (4)(f)
and (g) and the surname and
place
of residence of the adoptee required under subsection (5)(b)
(4)(b) may be omitted. The attorney or child placing agency
assisting in the adoption shall file a verified statement
containing the omitted information.
