Adoption is one of the most meaningful legal processes a family can go through. It creates permanent, legally recognized parent-child relationships — with all the rights, responsibilities, and protections that come with them. But the process itself can feel overwhelming. Michigan’s Adoption Code involves specific consent requirements, home studies, court hearings, and timelines that vary depending on the type of adoption.

“Adoption cases do not fail because families lack commitment — they fail because the legal steps that make that commitment permanent are misunderstood or skipped.”

For families in Genesee County — whether a stepparent formalizing a bond that already exists, a couple adopting through an agency, or a family pursuing an independent adoption — understanding the legal requirements before you begin saves time, money, and emotional stress.

The most important thing to understand upfront: adoption in Michigan permanently terminates the legal rights of one parent and transfers them to another. That legal finality is what makes adoption so powerful — and why the courts take every step of the process seriously. The protections built into Michigan’s adoption framework exist to safeguard children, birth parents, and adoptive families alike.

This guide covers the three primary types of adoption in Michigan, the legal requirements for each, and what Genesee County families should expect in 2026.

Types of Adoption in Michigan

Michigan’s Adoption Code, MCL 710.21 et seq., governs all adoptions in the state. The process, timeline, and requirements differ based on the type of adoption.

Stepparent Adoption

Stepparent adoption is the most common type of adoption in Michigan. It occurs when a spouse legally adopts their partner’s child from a prior relationship, creating a full parent-child legal bond.

Under MCL 710.51, stepparent adoptions follow a streamlined process compared to other adoption types. The key legal hurdle is addressing the parental rights of the non-custodial biological parent — either through consent or termination.

Consent. If the non-custodial parent agrees to the adoption, they sign a formal consent that permanently terminates their legal rights — including custody, parenting time, and the obligation to pay child support. Consent must be executed in compliance with MCL 710.43 and cannot be signed until the child is at least 72 hours old (relevant in infant adoption contexts).

Termination without consent. When the non-custodial parent does not consent, the stepparent can petition the court to terminate their rights. Under MCL 710.51(6), the court may terminate parental rights in a stepparent adoption if the non-custodial parent has failed to provide regular and substantial support for the child or has failed to regularly and substantially visit, contact, or communicate with the child for a period of two or more years. Both factors must be considered, and the court must find that the adoption is in the child’s best interests.

This is where many stepparent adoptions become contested. A biological parent who has been absent for years may suddenly re-emerge to oppose the adoption — requiring a hearing where the court evaluates the history of support and contact.

Home studies may be waived in stepparent adoptions at the court’s discretion, since the child is already living in the home. This significantly reduces both the timeline and cost compared to agency adoptions.

Agency Adoption

Agency adoptions are facilitated by a licensed child-placing agency — either a private agency or the Michigan Department of Health and Human Services (MDHHS). The agency handles matching, placement, and much of the legal and administrative process.

Agency adoptions include:

• Domestic infant adoptions — where birth parents voluntarily place a newborn with an adoptive family through the agency
• Foster care adoptions — where children in the state foster care system become available for adoption after parental rights have been terminated through child protective proceedings
• International adoptions — which involve both the sending country’s requirements and Michigan’s adoption laws

In all agency adoptions, a home study is mandatory. The home study — conducted by a licensed agency or MDHHS — evaluates the adoptive family’s home environment, financial stability, background (including criminal history checks), parenting capacity, and readiness to adopt. Home studies typically take 2 to 4 months and cost between $1,500 and $3,000 when conducted through a private agency.

Foster care adoptions deserve special mention. Michigan has thousands of children in foster care awaiting permanent homes. For families adopting through the foster care system, many of the costs — including home study fees, legal fees, and court costs — are subsidized or fully covered by the state. Adoption subsidies may also provide ongoing financial support after the adoption is finalized.

Independent Adoption

Independent (or direct-placement) adoptions occur when birth parents place a child directly with an adoptive family without an agency acting as intermediary. Michigan law permits independent adoptions, but they still require court approval, a home study, and compliance with the Adoption Code.

Independent adoptions carry unique risks. Without an agency managing the process, both birth parents and adoptive families must ensure that all legal requirements — including proper consent procedures, required waiting periods, and disclosure obligations — are met precisely. Errors in the process can delay or jeopardize the adoption.

“Many Michigan residents don’t realize that independent adoptions require the same legal protections as agency adoptions — including a home study, judicial oversight, and proper termination of the birth parents’ rights. Skipping steps or relying on informal agreements can result in an adoption that is legally vulnerable.”

Why Adoption Cases Get Delayed — Even When Everyone Agrees

Many adoption cases stall not because of opposition, but because statutory requirements are front-loaded. Consent cannot be signed too early. Home studies cannot be waived unless the statute specifically allows it. Courts will not “fix” defects after the fact. Even when every party wants the adoption to happen, timing and compliance control the pace.

This surprises families who expect the process to move quickly once everyone is on the same page. In stepparent adoptions, the non-custodial parent may have already signed consent — but the home study isn’t complete, or the required waiting periods haven’t run. In agency adoptions, the matching and placement may be ready, but background checks or medical clearances are still processing.

The legal framework is designed to be deliberate. Michigan’s Adoption Code builds in safeguards at every stage precisely because adoption is permanent. Courts and agencies would rather delay a finalization by weeks than rush a process that leaves legal vulnerabilities. For Genesee County families, the best strategy is understanding these requirements in advance and working with an attorney who can sequence the steps correctly from the start — rather than reacting to delays as they arise.

Consent and Termination of Parental Rights

Consent is the legal foundation of every voluntary adoption in Michigan. Under MCL 710.43, a parent’s consent to adoption must be:

• In writing and signed by the parent
• Witnessed by two people
• Executed before a judge or a person authorized by the court in agency and independent adoptions

Consent is irrevocable once properly executed — with very narrow exceptions for fraud or duress. This permanence is by design. Adoption requires certainty for the child and the adoptive family.

Because consent is so final, Michigan courts scrutinize how it was obtained. Improper execution, inadequate advisement, or deviation from statutory procedure can invalidate consent — even when the parent intended to consent. This is why attorneys slow the process down at the consent stage: a properly executed consent that withstands scrutiny is worth far more than a quickly signed document that creates a legal challenge later.

When a parent does not consent, their rights must be involuntarily terminated before the adoption can proceed. In non-stepparent cases, this typically occurs through child protective proceedings where the court has found that the parent is unfit — due to abuse, neglect, abandonment, or other grounds specified in the Juvenile Code.

In stepparent adoptions, as discussed above, MCL 710.51(6) provides a specific path for termination based on the non-custodial parent’s failure to support or maintain contact for two or more years.

If the identity or location of a biological parent is unknown, Michigan law requires diligent efforts to locate them, including publication of notice. The court will not proceed with adoption until it is satisfied that proper notice has been given or that every reasonable effort has been made.

The Home Study: What to Expect

The home study is one of the most important — and most anxiety-inducing — steps in the adoption process. Understanding what it involves removes much of the uncertainty.

A Michigan adoption home study evaluates:

• Physical home environment — safety, adequate space, and suitability for a child
• Financial stability — income, employment, and ability to meet a child’s needs (you don’t need to be wealthy, but you need to demonstrate stability)
• Background checks — criminal history, child abuse/neglect registry, and sex offender registry checks for all adults in the household
• Health and medical clearance — physical and sometimes mental health evaluations
• Family history and relationships — interviews about your upbringing, marriage or partnership, parenting philosophy, and support system
• References — personal and professional references who can speak to your character and parenting capacity
• Motivation and readiness — why you want to adopt and your understanding of the challenges and responsibilities

The home study is not designed to find perfect parents — it’s designed to ensure a safe, stable, and loving environment for the child. Families who approach the process honestly and openly generally have positive experiences. The evaluator is an advocate for the child’s safety, not an adversary.

For Genesee County families, home studies are conducted by MDHHS or a licensed private agency. Processing times vary, but most home studies are completed within 2 to 4 months. Costs for private agency home studies range from $1,500 to $3,000. In foster care adoptions, the home study is typically provided at no cost to the family.

Court Hearings and Finalization

Every adoption in Michigan must be approved by a court. The Genesee County Circuit Court — Family Division handles adoption proceedings for families in the Flint area.

Although adoption hearings are often celebratory, judges do not function as ceremonial participants. The court’s role is to independently verify that statutory requirements were met, parental rights were lawfully terminated, and the adoption serves the child’s best interests. If the paperwork is incomplete or inconsistent, finalization will not proceed — regardless of how long the family has been waiting or how clearly everyone supports the adoption. The judge is the final gatekeeper, and that gatekeeping function protects every party involved.

The finalization hearing itself is typically a brief, positive proceeding — one of the few court events that families genuinely look forward to. The judge reviews the petition, confirms that all legal requirements have been met, and enters the order of adoption — making the adoption permanent and legally binding.

Timelines vary by adoption type:

• Stepparent adoptions — often finalized within 3 to 6 months of filing, assuming consent is obtained or termination is uncontested. Contested stepparent adoptions with termination hearings take longer — potentially 6 to 12 months or more.
• Agency adoptions (domestic infant) — the timeline depends heavily on matching. Once a child is placed, finalization typically occurs within 6 to 12 months.
• Foster care adoptions — finalization after placement generally takes 6 to 12 months, though the overall journey from licensure to finalization can be longer.
• International adoptions — vary widely based on the sending country, but Michigan finalization (or re-adoption) typically occurs within 3 to 6 months after the child arrives.

After finalization, a new birth certificate is issued listing the adoptive parent(s) as the child’s legal parents. The original birth certificate is sealed.

Open vs. Closed Adoptions in Michigan

Michigan law does not require adoptions to be either open or closed — the arrangement is determined by agreement between the parties.

• Closed adoptions seal all identifying information. The birth parents and adoptive family have no ongoing contact or communication. Historically, this was the default in Michigan.

• Open adoptions allow varying degrees of contact — from exchanging letters and photos through the agency to direct communication and in-person visits. Open adoptions have become increasingly common as research shows that maintaining some level of connection can benefit the child’s emotional development and sense of identity.

In Michigan, open adoption agreements are generally not legally enforceable. This means that even if the parties agree to ongoing contact, the adoptive parents can later restrict or end that contact without legal consequence. Some families formalize these agreements in writing to establish expectations — but enforcement through the courts is limited.

This is an important distinction for birth parents considering adoption. The decision to consent should not be contingent on promises of future contact that may not be legally enforceable.

Frequently Asked Questions About Adoption in Michigan

How much does a stepparent adoption cost in Michigan?

Stepparent adoptions in Michigan typically cost between $5,000 and $10,000 in attorney fees and court costs. If the home study is waived (common in stepparent cases) and the non-custodial parent consents, costs tend toward the lower end of that range. If the non-custodial parent contests the adoption and a termination hearing is required, costs increase significantly — potentially reaching $10,000 to $20,000+ depending on the complexity and length of litigation.

Can I adopt my stepchild if the other biological parent objects?

Yes, but you must petition the court to terminate their parental rights. Under MCL 710.51(6), the court can terminate a non-custodial parent’s rights in a stepparent adoption if they have failed to provide regular and substantial support and failed to regularly visit, contact, or communicate with the child for two or more years. The court must also find that the adoption serves the child’s best interests.

How long does the home study process take?

Most home studies in Michigan are completed within 2 to 4 months. The timeline depends on the agency’s caseload, how quickly the family completes required paperwork and background checks, and scheduling for home visits and interviews. Families can expedite the process by gathering documents — financial records, medical clearances, and references — in advance.

What is the difference between legal custody and adoption?

Custody grants a person the right to care for a child, but it does not permanently sever the biological parent’s legal relationship. Adoption permanently terminates the birth parent’s rights and creates a new, legally identical parent-child relationship with the adoptive parent. An adopted child has the same inheritance rights, support rights, and legal standing as a biological child. Custody can be modified by the court; adoption is permanent.

Are foster care adoptions really free?

In most cases, yes — the state covers the majority of costs for families adopting from Michigan’s foster care system. This includes home study fees, court costs, and legal fees. Many foster care adoptions also qualify for adoption subsidies — monthly financial support that continues after finalization to help cover the child’s needs. The federal adoption tax credit may also apply.

Can an adult be adopted in Michigan?

Yes, Michigan law permits adult adoption. The process is simpler than adopting a minor — no home study is required, and the consent of the person being adopted is sufficient. Adult adoption is sometimes used to formalize stepparent-stepchild relationships that were never legally adopted during childhood, or to establish inheritance and legal family relationships.

What happens if consent is challenged after an adoption is finalized?

Once consent is properly executed under MCL 710.43, it is irrevocable — with very narrow exceptions for fraud or duress. This means a birth parent generally cannot undo a finalized adoption by claiming they changed their mind. However, if the consent was improperly obtained — through coercion, inadequate advisement, or failure to follow statutory procedure — the adoption could be challenged. This is exactly why strict compliance with consent procedures matters so much during the process. Properly executed consent provides certainty for both the child and the adoptive family.

Take the First Step Toward Growing Your Family

Adoption is permanent, meaningful, and life-changing — for the child and for the family. Whether you’re a stepparent ready to formalize the bond you’ve already built, a family pursuing agency adoption, or navigating an independent placement, the legal process exists to protect everyone involved. Understanding it gives you confidence and clarity.

At Boroja, Bernier & Associates, we help families in Genesee County, Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan and Mid-Michigan navigate the adoption process with care, precision, and genuine investment in the outcome. Adoption matters — and so does getting the legal work right.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help you take the first step.