Adoption in Michigan: Creating Families That the Law Recognizes Forever

You’ve already built the relationship. You’ve already made the commitment. Now you need the law to recognize what your heart already knows — this child is yours. Whether you’re a stepparent who’s been raising your spouse’s child, a grandparent or relative providing a permanent home, or a family welcoming a child through an agency, adoption transforms your bond into an unbreakable legal reality.

At Boroja, Bernier & Associates, we guide families through Michigan’s adoption process with the care these cases deserve — because creating a legal family is one of the most meaningful things the law can do.

Serving Southeast Michigan, Central Michigan & Mid-Michigan

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Adoption Isn’t Just Paperwork. It’s Permanence.

Guardianship gives you authority. Custody gives you time. Adoption gives you forever.

When you adopt a child under Michigan law, you become their legal parent — completely, permanently, and in every way that matters. The child inherits from you. You can make every decision for them without court oversight. No one can petition to take them back. The legal relationship is identical to biological parenthood, with all the rights, responsibilities, and permanence that entails.

For stepparents who’ve been parenting alongside their spouse for years, adoption means the law finally reflects what the family already knows. For grandparents who’ve raised a grandchild when the parents couldn’t, adoption provides security that guardianship never offers. For families welcoming children through agencies, adoption is the culmination of a journey toward building the family they’ve dreamed of.

But adoption also means something profound on the other side of the equation: termination of the biological parent’s rights. Completely. Permanently. That parent will no longer have any legal relationship to the child — no custody, no visitation, no say in decisions, no obligation of support. They become, in the eyes of the law, a stranger.

This is why adoption requires either consent or involuntary termination through court proceedings. The law doesn’t sever parental rights lightly. Michigan’s Adoption Code (MCL 710.21 et seq.) establishes careful procedures to ensure that when adoptions happen, they happen properly — protecting children, respecting rights, and creating families that last.

At Boroja, Bernier & Associates, we’ve helped families throughout Michigan complete adoptions that transformed relationships into permanent legal bonds. We understand that adoption isn’t just a legal process — it’s one of the most significant events in a family’s life. We treat it accordingly.

Quotable Expert Statement: “Every adoption we handle represents a family choosing each other permanently. Stepparents who’ve been ‘dad’ or ‘mom’ in every way except legally. Grandparents who stepped up when their own children couldn’t parent. Families who opened their hearts to children who needed homes. The legal process matters — consent requirements, background checks, court procedures — but what we’re really doing is making permanent something beautiful that already exists.”

Types of Adoption in Michigan

Michigan recognizes several types of adoption, each with different procedures, requirements, and considerations. Understanding which type applies to your situation helps you prepare for what’s ahead.

Stepparent Adoption

The most common type of adoption in Michigan. A stepparent adopts their spouse’s child, creating a legal parent-child relationship.

Stepparent adoption requires:

• Marriage to the child’s legal parent
• Consent from the child’s other legal parent (or termination of that parent’s rights)
• Investigation and report from the Michigan Department of Health and Human Services (DHHS) or a licensed agency
• Court approval

The key issue in most stepparent adoptions: obtaining consent from (or terminating the rights of) the non-custodial biological parent. When that parent consents, stepparent adoptions proceed relatively smoothly. When they don’t, the process becomes more complex.

Relative Adoption

Grandparents, aunts, uncles, adult siblings, and other relatives can adopt children when the biological parents are unable or unwilling to parent. Relative adoptions often follow periods of guardianship or informal caregiving.

Relative adoption requires:

• Termination of both biological parents’ rights (through consent or involuntary termination)
• Home study and investigation
• Court approval

Relative adoptions provide permanent legal families for children who might otherwise remain in the child welfare system or in uncertain guardianship arrangements. For families currently serving as guardians, adoption creates the permanent legal parent-child relationship that guardianship — no matter how long it continues — simply cannot provide.

Agency Adoption (Domestic)

Families adopting through licensed child-placing agencies — whether infants placed voluntarily by birth parents or children in foster care — follow agency adoption procedures.

Agency adoption involves:

• Application and approval through a licensed agency
• Home study and background checks
• Matching with a child
• Placement
• Post-placement supervision
• Finalization in court

Agency adoptions include both private infant adoptions (where birth parents voluntarily place newborns) and adoptions from foster care (where parental rights have been terminated through the child welfare system).

Direct Placement Adoption

Sometimes called “independent adoption,” direct placement occurs when birth parents place a child directly with adoptive parents they’ve selected, without an agency as intermediary. An attorney typically facilitates the process.

Direct placement requires:

• Birth parent(s) consent
• Court approval of the placement
• Home study and investigation
• Finalization proceedings

Michigan law permits direct placement but regulates it carefully to protect birth parents, adoptive parents, and children.

Adult Adoption

Michigan allows adoption of adults in certain circumstances — typically to formalize longstanding parent-child relationships (stepparents adopting adult stepchildren) or for inheritance purposes. Adult adoption is simpler procedurally because no child welfare concerns exist, but still requires court approval.

Consent and Termination: The Heart of Every Adoption

Every adoption requires either the biological parents’ consent to terminate their rights — or a court order terminating those rights involuntarily. This is the most legally significant (and often most emotionally charged) aspect of adoption.

Voluntary Consent

When biological parents agree to the adoption, they execute formal consent documents under MCL 710.29. Michigan’s consent requirements are strict:

Timing: Consent cannot be signed until at least 72 hours after the child’s birth. Any consent signed earlier is invalid.

Form: Consent must be in writing, signed before a judge or certain other officials, and witnessed. The consenting parent must be informed of their rights and the consequences of consent.

Irrevocability: Once properly executed, consent is generally irrevocable. There’s no “cooling off” period after the 72-hour waiting period. A parent who consents and later changes their mind faces an extremely difficult legal battle.

Who Must Consent:

• The mother (always)
• The legal father (if paternity is established)
• The putative (alleged) father, if he’s taken steps to establish his rights
• A guardian or agency with authority to consent, if applicable

Putative Father Issues

Michigan maintains a Putative Father Registry. An unmarried man who believes he may have fathered a child can register to receive notice of any adoption proceedings. Registered putative fathers must be notified and given the opportunity to establish paternity and contest the adoption.

Failure to register may result in adoption proceeding without the putative father’s knowledge or consent. This protects adoptions from later challenges while giving biological fathers a mechanism to protect their rights if they act promptly.

Involuntary Termination

When a biological parent refuses to consent, their rights can only be terminated through court proceedings demonstrating grounds under Michigan law.

Grounds for involuntary termination include:

• Abandonment or desertion
• Failure to provide support or maintain contact
• Abuse or neglect
• Failure to comply with a parent-agency agreement
• Parental unfitness (substance abuse, mental illness affecting parenting capacity, incarceration)
• The child’s best interests require termination

Involuntary termination is serious litigation. The parent facing termination has constitutional rights to due process — including notice, the right to counsel (appointed if indigent in certain cases), and a hearing with evidentiary standards. Courts don’t terminate parental rights without clear and convincing evidence.

The “Absent Parent” Problem

Many stepparent adoptions stall because the other biological parent — often a father who’s been absent for years — technically still has rights. Options include:

• Obtaining consent (sometimes possible even from uninvolved parents who recognize the reality)
• Pursuing termination based on abandonment (typically requires 2+ years without contact or support)
• Locating and notifying the absent parent (who may not respond, allowing default)

If the absent parent can’t be found, Michigan allows alternative service methods and, ultimately, termination of the rights of a parent who can’t be located after diligent search.

Stepparent Adoption: When the Law Catches Up to Reality

Stepparent adoptions are our most common adoption cases — and they’re often the most emotionally straightforward. You’ve been parenting this child. You’ve been at the school events, the doctor’s appointments, the soccer games. You’re already family. Adoption makes it official.

The Typical Scenario

You married someone who has a child from a previous relationship. The biological parent (usually the father, but not always) is minimally involved or completely absent. You’ve stepped into the parenting role, and now everyone wants to formalize what’s already true: you’re this child’s parent.

When the Other Parent Consents

If the non-custodial biological parent agrees to the adoption, the process is relatively straightforward:

1. File a petition for adoption
2. The consenting parent executes formal consent documents
3. DHHS or a licensed agency conducts an investigation and prepares a report
4. The court holds a hearing and, assuming everything is in order, grants the adoption
5. A new birth certificate is issued naming you as the child’s parent

Timeline: 3–6 months typically, depending on how quickly the investigation is completed.

When the Other Parent Doesn’t Consent

If the biological parent refuses consent, you have options — but they require more work:

Termination for abandonment: Under MCL 710.51(6), a court can terminate parental rights if the parent has failed to provide regular support or maintain regular contact for two years or more (and had the ability to do so). An absent parent who hasn’t paid support, visited, or called for years may have their rights terminated over their objection.

Termination for other grounds: Abuse, neglect, or other conduct demonstrating unfitness can support involuntary termination.

Pursue consent through negotiation: Sometimes a parent who initially refuses consent can be persuaded — particularly if they recognize they haven’t been involved and the adoption serves the child’s interests. Mediation or attorney negotiation sometimes resolves consent issues without full termination litigation.

What About the Child’s Wishes?

Michigan requires consent from children 14 and older for their own adoption. Younger children don’t have veto power, but courts consider the child’s relationship with the stepparent, their understanding of adoption, and their wishes as appropriate for their age.

“Most stepparent adoptions we handle involve fathers who’ve been absent for years — no child support, no visits, no birthday cards, nothing. The stepparent has been doing all the actual parenting, and now they want to make it legal. When we can show the court two or more years of abandonment, termination is usually straightforward. The biology doesn’t make someone a parent — showing up does.”

Relative Adoption: Making Permanent What Started as Temporary

Many relative adoptions begin with guardianship or informal care. Grandparents take in grandchildren when their own adult children can’t parent. Aunts and uncles provide stability during crises that become permanent. Eventually, adoption becomes the right choice — for everyone.

When Guardianship Isn’t Enough

Guardianship provides legal authority, but it has limitations:

• Parents retain their legal status and may petition to regain custody
• The arrangement isn’t permanent — it can be modified or terminated
• The child doesn’t have the same legal relationship to you as your biological children
• Benefits, inheritance, and other rights may be affected

Adoption resolves all of these. Once you adopt, you’re the parent. Period. If you’re currently serving as a minor guardian and wondering whether adoption is the next step, the answer often depends on whether the biological parents’ circumstances are likely to change — and whether permanence serves the child’s best interests.

Terminating Both Parents’ Rights

Unlike stepparent adoption (where one parent remains), relative adoption requires terminating both biological parents’ rights. This means obtaining consent from both — or pursuing involuntary termination against one or both.

Sometimes both parents readily consent. They recognize they can’t parent, they trust you with their child, and they want the child to have permanence. Other times, one or both parents resist, requiring termination proceedings.

CPS and Foster Care Intersections

Many relative adoptions involve children who came into your care through the child welfare system. Maybe CPS removed the children from your adult child’s home, and you stepped forward as a relative placement. Maybe parental rights were terminated in child protective proceedings, and now you’re adopting from foster care.

These adoptions involve coordination between probate court (adoption), family court (if child protective proceedings are ongoing), and the DHHS/foster care system.

An important detail many families don’t know: Children adopted from foster care — including by relatives — may qualify for adoption assistance through Michigan’s Adoption Subsidy Program. This can include monthly financial subsidies, Medicaid coverage for the child, and reimbursement of certain nonrecurring adoption expenses. These benefits often continue until the child turns 18 (or 21 with an extension), and they’re available even when a relative adopts. If your adoption involves a child who was in the foster care system, ask about adoption assistance eligibility before finalization — the support can be significant.

The Emotional Complexity

Relative adoptions often involve complicated emotions. You’re adopting your grandchild, which means your own child failed as a parent. You’re severing your adult child’s legal relationship to their own child. Family dynamics, guilt, loyalty, and grief can all swirl around what should be a joyful event.

We’ve seen families navigate this successfully — and we’ve seen families where the legal process was the easy part compared to the emotional work. Acknowledging this complexity helps families prepare for adoption that truly serves everyone’s long-term interests.

The Michigan Adoption Process: What to Expect

Regardless of adoption type, certain procedures apply. Understanding the process helps you prepare.

Step 1: Petition for Adoption

The process begins with filing a Petition for Adoption in the probate court or family division of circuit court. The petition includes information about the child, the adoptive parents, the biological parents, and the circumstances requiring adoption.

Step 2: Consent or Termination

Biological parents’ rights must be addressed — either through formal consent documents or termination proceedings. This step often takes the longest if consent isn’t readily available.

Step 3: Investigation and Home Study

Michigan requires an investigation before any adoption. For stepparent and relative adoptions, DHHS or a licensed agency investigates and prepares a written report for the court. For agency adoptions, the home study occurs earlier in the process.

The investigation examines:

• The adoptive parents’ fitness and suitability
• The child’s situation and needs
• The appropriateness of the placement
• Background checks on the adoptive parents
• The home environment

The investigator interviews family members, visits the home, and reviews relevant records.

Step 4: Placement (If Not Already Living Together)

For children not already living with the adoptive parents, a placement period occurs after approval but before finalization. The child lives with the adoptive family under agency supervision.

Stepparent and relative adoptions typically skip this step — the child is already in the home.

Step 5: Finalization Hearing

After investigation (and any required waiting periods), the court holds a finalization hearing. The judge reviews the record, may ask questions of the adoptive parents, and — assuming everything is in order — enters the Order of Adoption.

This is often a celebratory moment. Families can invite extended family members, and many judges make finalization hearings genuinely positive experiences — particularly for older children who understand what’s happening. It’s not uncommon for judges to step down from the bench for photos with the family, hand out stuffed animals, or let children bang the gavel. If you’ve been waiting months for this day, the courtroom moment makes it real in a way that paperwork never could.

Step 6: New Birth Certificate

After finalization, the State of Michigan issues a new birth certificate listing the adoptive parents as the child’s parents. The original birth certificate is sealed.

Timelines and Costs

Stepparent adoption (consenting parent): 3–6 months, $4,500–$7,500 in attorney fees

Stepparent adoption (termination required/contested): 6–12 months, $10,000–$20,000+ depending on complexity

Relative adoption: 4–8 months if parents consent, longer if termination required; $4,500–$7,500

Agency adoption: Varies widely based on agency type; agency fees separate from legal fees

Court filing fees (typically $150–$250) and investigation fees (varies by county) are additional.

At Boroja, Bernier & Associates, we’re transparent about costs from the start. During your consultation, we’ll assess your situation, identify the likely path (consent or termination), and give you a clear picture of what to expect — timeline, process, and fees. No surprises.

What Adoption Means Legally — And What Changes Forever

Once the Order of Adoption is entered, the legal landscape changes completely.

You Become the Legal Parent

The adopted child has the same legal status as a biological child. You have all parental rights — custody, decision-making, control over upbringing. You have all parental responsibilities — support, care, education. The relationship is identical to biological parenthood in every legal respect.

The Child Inherits From You

Adopted children inherit from adoptive parents under Michigan intestacy law just like biological children. They’re included in class gifts in wills and trusts (“to my children” includes adopted children). For estate planning purposes, adoption creates a complete legal relationship.

Biological Parents’ Rights Are Terminated

The biological parent(s) whose rights were terminated have no further legal relationship to the child. No custody. No visitation. No decision-making authority. No inheritance rights (generally). They become legal strangers.

This is permanent. Unlike guardianship, adoption can’t be undone because a biological parent gets their life together. Once adopted, that’s it.

The Child’s Name Can Change

Adoption typically includes changing the child’s surname to the adoptive parents’ name. First name changes are also possible. The new birth certificate reflects whatever name the court approves.

Records Are Sealed

Michigan seals original birth certificates and adoption records. Adopted persons can petition for access to original records under certain circumstances, and Michigan’s adoption registry allows birth parents and adopted persons to consent to contact. But by default, records remain confidential.

What Doesn’t Change

Adoption doesn’t change biological reality. Adopted children may still want relationships with biological relatives — and healthy adoptive families often support this. Adoption changes legal relationships, not genetics. Medical history from biological family remains relevant. Identity questions don’t disappear because paperwork changed.

How BBA Law Handles Adoption Matters

Adoption is one of the most meaningful legal processes families experience. At Boroja, Bernier & Associates, we treat every adoption with the significance it deserves.

We Assess Your Situation Comprehensively

Before filing anything, we need to understand your complete situation: the child’s circumstances, the biological parents’ status, potential consent issues, and what type of adoption best serves your family. Sometimes guardianship makes more sense for now. Sometimes adoption is clearly the right path. We’ll tell you straight.

We Navigate Consent Issues Strategically

The biological parent situation determines how complex your adoption will be. We assess whether consent is obtainable, whether grounds for termination exist, and what approach makes sense given your circumstances and goals.

We Prepare Thorough Petitions

Adoption petitions require accurate, complete information. We prepare documents that anticipate court questions and provide everything needed for efficient processing.

We Coordinate With Investigators

The DHHS or agency investigation can make or break timelines. We help families prepare for investigations, understand what investigators look for, and ensure the process moves forward efficiently.

We Make Finalization Meaningful

The finalization hearing should be a celebration, not just a formality. We prepare families for what to expect and help make the courtroom experience positive — particularly for children old enough to understand they’re officially becoming part of a forever family.

“Adoption cases are why most of us went to law school in the first place. You’re not resolving a dispute — you’re building a family. Every stepparent who’s been ‘dad’ for years, every grandparent who stepped in when no one else would, every family that opened their home to a child who needed one — these are the cases that remind you the legal system can do something genuinely good. At Boroja, Bernier & Associates, we don’t treat adoption like routine paperwork. We treat it like what it is: one of the most important days of your family’s life.”

Questions Michigan Families Ask About Adoption

Ready to Make Your Family Official?

Whether you’ve been parenting a stepchild for years, you’ve raised a grandchild through difficult circumstances, or you’re ready to welcome a child into your family through adoption — the legal process awaits. And navigating it properly ensures the adoption is valid, complete, and gives your family the permanence it deserves.

Consider consulting with an adoption attorney if:

• You’re a stepparent ready to adopt your spouse’s child
• You’re a grandparent or relative who wants to permanently adopt a child you’ve been raising
• You’re pursuing adoption through an agency and need legal representation
• You need to address consent issues or pursue termination of parental rights
• You want to understand whether adoption or guardianship better serves your situation
• You have questions about how Michigan’s adoption process works

Not sure whether adoption or guardianship is the right move? That’s exactly what the consultation is for. We’ll help you understand which path serves your family’s long-term interests.

At Boroja, Bernier & Associates, we help families complete adoptions that transform relationships into permanent legal bonds — with the care and attention these meaningful cases deserve. Call (586) 991-7611 to get started.

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Some Things Should Last Forever. Let’s Make Sure They Do.

No more explaining your relationship at doctor’s offices. No more uncertainty about what happens if circumstances change. No more legal limbo where your family exists in practice but not on paper.

You deserve an attorney who understands what adoption means to families, who navigates the legal process efficiently, and who treats the finalization hearing like the celebration it should be. You deserve someone who recognizes that creating a legal family is one of the most meaningful things the law can do.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call (586) 991-7611. Let’s talk about your family, your situation, and how we can help you make permanent what your heart already knows is true.

Because family shouldn’t be temporary. And the law can make sure it isn’t.

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Office Hours: Monday – Thursday: 9:00 AM – 5:00 PM | Friday: 9:00 AM – 3:00 PM | Saturday & Sunday: By Appointment

Service Area Statement: Boroja, Bernier & Associates handles adoption matters throughout Southeast Michigan (Macomb, Oakland, Wayne, Washtenaw, Livingston, Monroe, St. Clair Counties), Central Michigan (Ingham, Eaton Counties), and Mid-Michigan (Genesee, Lapeer Counties). Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing.