HOUSE BILL No. 4275


     February 11, 1997, Introduced by Reps. Gubow, Anthony, Leland, Baade, Law, Kaza, Wojno, Schauer, Gire, Brown, Bogardus, Voorhees, Freeman, Martinez, McBryde, Brewer, Dalman, Goschka, Schroer and Baird and referred to the Committee on Judiciary.


        A bill to amend 1939 PA 288, entitled

   "An act to revise and consolidate the statutes relating to cer-
   tain aspects of the organization and jurisdiction of the probate
   court of this state, the powers and duties of such court and the
   judges and other officers thereof, certain aspects of the stat-
   utes of descent and distribution of property, and the statutes
   governing the change of name of adults and children, the adoption
   of adults and children, and the jurisdiction of the juvenile
   division of the probate court; to prescribe the powers and duties
   of the juvenile division of the probate court, and the judges and
   other officers thereof; to prescribe the manner and time within
   which actions and proceedings may be brought in the juvenile
   division of the probate court; to prescribe pleading, evidence,
   practice, and procedure in actions and proceedings in the juve-
   nile division of the probate court; to provide for appeals from
   the juvenile division of the probate court; to prescribe the
   powers and duties of certain state departments, agencies, and
   officers; and to provide remedies and penalties for the violation
   of this act,"

   by amending section 60 of chapter X (MCL 710.60), as amended by

   1996 PA 409.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:





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 1         Sec. 60.  (1) After  the  entry of  the  AN order of

 2    adoption, the adoptee shall, in case of a change of name, be

 3    known and called by the new name.  The person or persons  AFTER

 4    ENTRY OF THE ORDER, AN INDIVIDUAL adopting the adoptee  then

 5     stand  STANDS in the place of a parent  or parents  to the

 6    adoptee in law in all respects as though the adopted  person 

 7    INDIVIDUAL had been born to the adopting  parents and are  PARENT

 8    AND IS liable for all the duties and entitled to all the rights

 9    of  parents  A PARENT.

10         (2) After entry of  the  AN order of adoption, there is no

11    distinction between the rights and duties of natural progeny and

12    AN adopted  persons  INDIVIDUAL, and the adopted  person 

13    INDIVIDUAL becomes an heir at law of  the  AN adopting parent,

14     or parents,  and an heir at law of the lineal and collateral

15    kindred of the adopting parent.  or parents.  After entry of the

16    order of adoption, an adopted child is no longer an heir at law

17    of a parent whose rights have been terminated under this chapter

18    or chapter XIIA, or the lineal or collateral kindred of that

19    parent.  , nor is  AFTER ENTRY OF THE ORDER OF ADOPTION, an

20    adopted adult IS NOT an heir at law of  a person  AN INDIVIDUAL

21    who was his or her parent at the time the order of adoption was

22    entered or the lineal or collateral kindred of that  person 

23    INDIVIDUAL, except that a right, title, or interest vesting

24    before entry of the final order of adoption is not divested by

25    that order.

26         (3) This section does not prohibit the FILING OF AN ACTION

27    OR entry of an order for grandparenting time  under  AS PROVIDED



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 1    IN section 7b of the child custody act of 1970,  Act No. 91 of

 2     the Public Acts of 1970, being section 722.27b of the Michigan

 3     Compiled Laws.  During the pendency of a stepparent adoption pro-

 4     ceeding, a parent of a natural parent may seek an order for

 5     grandparenting time of the adoptee in the same manner as set

 6     forth in section 7b of Act No. 91 of the Public Acts of 1970, and

 7     the judge shall proceed in the same manner as is provided in sec-

 8     tion 7b of Act No. 91 of the Public Acts of 1970  1970 PA 91, MCL

 9    722.27B.

10         Enacting section 1.  This amendatory act does not take

11    effect unless Senate Bill No. __________ or House Bill

12    No. __________ (request no. 00822'97) of the 89th Legislature is

13    enacted into law.































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