Bill Text: MI HB4911 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Children; adoption; option to disclose identity of paternity in a private adoption; allow. Amends secs. 36 & 56, ch. X of 1939 PA 288 (MCL 710.36 & 710.56).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2016-11-29 - Assigned Pa 325'16 With Immediate Effect [HB4911 Detail]
Download: Michigan-2015-HB4911-Engrossed.html
HB-4911, As Passed House, March 17, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4911
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 36 and 56 of chapter X (MCL 710.36 and
710.56), section 36 as amended by 1996 PA 409 and section 56 as
amended by 2014 PA 118.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 36. (1) If a child is claimed to be born out of wedlock
and the mother executes or proposes to execute a release or consent
relinquishing her rights to the child or joins in a petition for
adoption
filed by her husband, spouse,
and the release or consent
of the natural father cannot be obtained, the judge shall hold a
hearing as soon as practical to determine whether the child was
born out of wedlock, to determine the identity of the father, and
to determine or terminate the rights of the father as provided in
this section and sections 37 and 39 of this chapter.
(2) Proof of service of a notice of intent to release or
consent or the putative father's verified acknowledgment of notice
of intent to release or consent shall be filed with the court, if
the notice was given to the putative father. The court shall
request
the vital records division of the department of public
health
to send to the court a copy of any
notice of intent to claim
paternity
of the particular child which that
the division has
received.
(3) Notice of the hearing shall be served upon the following:
(a) A putative father who has timely filed a notice of intent
to claim paternity as provided in section 33 or 34 of this chapter.
(b) A putative father who was not served a notice of intent to
release or consent at least 30 days before the expected date of
confinement specified in the notice of intent to release or
consent.
(c)
Any other male who was not served pursuant according to
section 34(1) of this chapter with a notice of intent to release or
consent and who the court has reason to believe may be the child's
father. of
the child.
(4) The notice of hearing shall inform the putative father
that
his failure to appear at the hearing shall constitute
constitutes a denial of his interest in custody of the child, which
denial shall result in the court's termination of his rights to the
child.
(5) Proof of service of the notice of hearing required by
subsection (3) shall be filed with the court. A verified
acknowledgment of service by the party to be served is proof of
personal
service. Notice of the hearing shall is not be required if
the putative father is present at the hearing. A waiver of notice
of hearing by a person entitled to receive it is sufficient.
(6) The court shall receive evidence as to the identity of the
father of the child. In lieu of the mother's live testimony, the
court shall receive an affidavit or a verified written declaration
from the mother as evidence of the identity and whereabouts of the
child's father. If the court determines that the affidavit or
verified written declaration is insufficient, the court shall allow
amendment of the affidavit or verified written declaration. If the
court determines that the amendment of the affidavit or verified
written declaration is insufficient, the court may receive live
testimony from the mother. Based upon the evidence received, the
court shall enter a finding identifying the father or declaring
that the identity of the father cannot be determined.
(7)
If the court finds that the child's
father of the child is
a person who did not receive either a timely notice of intent to
release
or consent pursuant according
to section 34(1) of this
chapter
or a notice required pursuant to under subsection (3) , and
who has neither waived his right to notice of hearing nor is
present at the hearing, the court shall adjourn further proceedings
until that person is served with a notice of hearing.
Sec. 56. (1) Except as otherwise provided in this subsection,
6 months after formal placement under section 51 of this chapter,
unless the court determines that circumstances have arisen that
make adoption undesirable, the court may enter an order of
adoption. Upon the motion of the petitioner, the court may waive
the 6-month period, or any portion of that period, if the waiver is
in the adoptee's best interests. If, after a hearing, the court
finds that the adoptee's best interests will be served, it may
extend the 6-month period for an additional period of time not
exceeding 18 months from the time of formal placement for adoption.
In an adoption proceeding for which an adoption order is not
entered within 18 months after formal placement, the court shall
hold a hearing and determine whether an order of adoption shall be
entered or the petition denied. If a child is formally placed
according to section 41(2) of this chapter, the court may extend
the 6-month period for an additional period, that may exceed 18
months from the time of formal placement, until an order for
adoption may be entered under subsection (2). For an adoptee who is
less than 1 year old at the time of filing, 3 months after formal
placement under section 51 of this chapter, unless the court
determines that circumstances have arisen that make adoption
undesirable, the court may enter an order of adoption. Upon the
motion of the petitioner, the court may waive the 3-month period,
or any portion of that period, if the waiver is in the adoptee's
best interests.
(2) Except as provided in subsection (3), if a petition for
rehearing or an appeal as of right from an order terminating
parental rights has been filed, the court shall not order an
adoption until 1 of the following occurs:
(a) The petition for rehearing is granted, and at the
rehearing the order terminating parental rights is not modified or
set aside, and subsequently the period for appeal as of right to
the court of appeals has expired without an appeal being filed.
(b) The petition for rehearing is denied and the period for
appeal as of right to the court of appeals has expired without an
appeal being filed.
(c) The court of appeals affirms the order terminating
parental rights.
(3) If an application for leave to appeal has been filed with
the supreme court, the court shall not order an adoption until 1 or
more of the following occurs:
(a) The application for leave to appeal is denied.
(b) The supreme court affirms the order terminating parental
rights.
(4) If a motion brought under section 45 of this chapter has
been filed, the court shall not order an adoption until 1 of the
following occurs:
(a) The motion is decided and subsequently the period for
appeal as of right to the court of appeals has expired without an
appeal being filed.
(b) The motion is decided, an appeal as of right to the court
of appeals has been filed, the court of appeals issues an opinion,
and subsequently the period for filing an application for leave to
the supreme court has expired without an application being filed.
(c) The supreme court denies an application for leave or, if
an application is granted, the supreme court issues an opinion.
(5) If the person to be adopted is an adult, the court may
enter an order of adoption after all of the following occur:
(a) The person to be adopted consents to the adoption
according to section 43(3) of this chapter.
(b) The written report of investigation required by section
46(2) of this chapter is filed.
(c) Notice has been served upon interested parties described
in section 24a of this chapter.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
