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Michigan Compiled Laws Complete Through PA 170 of 2018
House: Adjourned until Wednesday, July 25, 2018 10:00:00 AM
Senate: Adjourned until Wednesday, July 25, 2018 10:00:00 AM

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Section 710.24a

PROBATE CODE OF 1939 (EXCERPT)
Act 288 of 1939


710.24a Interested parties; appointment of guardian to defeat parent's status as interested party.

Sec. 24a.

(1) Interested parties in a petition for adoption are all of the following:

(a) The petitioner or petitioners.

(b) The adoptee, if over 14 years of age.

(c) A minor parent, adult parent, or surviving parent of an adoptee, unless 1 or more of the following apply:

(i) The rights of the parent have been terminated by a court of competent jurisdiction.

(ii) A guardian of the adoptee, with specific authority to consent to adoption, has been appointed.

(iii) A guardian of the parent, with specific authority to consent to adoption, has been appointed.

(iv) The rights of the parent have been released.

(v) The parent has consented to the granting of the petition.

(d) The department or a child placing agency to which the adoptee has been, or for purposes of subsection (3) is proposed to be, released or committed by an order of the court.

(e) A parent, guardian, or guardian ad litem of an unemancipated minor parent of the adoptee.

(f) The court with permanent custody of the adoptee.

(g) A court with continuing jurisdiction over the adoptee.

(h) A child placing agency of another state or country that has authority to consent to adoption.

(i) The guardian or guardian ad litem of an interested party.

(2) Interested parties in a petition for a hearing to identify the father of an adoptee and to determine or terminate his rights are all of the following:

(a) The persons set forth in subsection (1).

(b) A putative father of the adoptee.

(3) Interested parties in a proceeding relating to the execution of a voluntary release are all of the following:

(a) The adoptee, if over 5 years of age.

(b) The department or a child placing agency to which the adoptee is proposed to be released.

(c) The person executing the release of parental rights.

(4) Interested parties in a rescission petition are all of the following:

(a) The petitioners.

(b) The stepparent who adopted the adult adoptee.

(c) The spouse of the parent whose rights were terminated.

(5) Interested parties in a hearing related to temporary placement are all of the following:

(a) The parent or guardian who made or authorized the temporary placement.

(b) The parent or guardian of an unemancipated minor parent of the adoptee.

(c) A child placing agency that was authorized under section 23b of this chapter to make the temporary placement.

(d) If only 1 parent made or authorized the temporary placement, the other parent and each putative father of the adoptee.

(e) The prospective adoptive parent with whom temporary placement was made.

(f) The prosecutor who filed a petition under section 23d of this chapter.

(g) The guardian ad litem of any interested party, if a guardian ad litem has been appointed.

(6) In the interest of justice, the court may require additional parties to be served.

(7) The court shall not appoint a guardian of the adoptee or of a parent solely for the purpose of defeating that parent's status as an interested party under this section.


History: Add. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1992, Act 247, Imd. Eff. Nov. 19, 1992 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2004, Act 487, Imd. Eff. Dec. 28, 2004
Popular Name: Probate Code


© 2017 Legislative Council, State of Michigan

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