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Attorney-Client relationship.  Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
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DIRECT-PLACEMENT ADOPTIONS

A biological parent may voluntarily relinquish parental rights for the purpose of adoption by executing an
adoption consent or release.   All voluntary or “consent adoptions” require the consent of the parents or someone
who can—at least at the time of the formal placement—act in loco parentis (i.e., in the place of the legal parent
(s)).

    "Release" refers to a document in which all parental rights over a specific child are voluntarily relinquished
    to the department or to a child-placing agency.  

THE TWO KINDS OF MICHIGAN ADOPTIONS
Essentially, there are two kinds of adoptions in Michigan:  An attorney-assisted, direct placement adoption and
an agency-placement adoption.


What’s the Difference between a “Consent” adoption and a “Direct placement” Adoption?  "Consent"
can only occur after a voluntary termination of all parental rights has occurred.  

    "Consent" means a document in which all parental rights over a specific child are voluntarily relinquished to
    the court for placement with a specific adoptive parent. MCL 710.22(l).  

By contrast, a “direct placement” requires the following sequence of events:

  1. A parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related
    to the child within the fifth degree by marriage, blood, or adoption; and,
  2. The parent or guardian transfers physical custody of the child to the prospective adoptive parent. MCL
    710.22(o).

Thus, in a direct placement adoption the parent of guardian must his or herself first select an agency or an
adoptive parent outside the fifth degree of consanguinity [MCL 710.23a(2)] and place the child temporarily [MCL
710.23d(1)] with the agency or the prospective adoptive parent of their choosing.  MCL 710.23a(1)-(2).   

Direct Placement Adoptions.  “Direct Placement” means the parents are able to make a “direct placement” of
their child; i.e., parents are able to personally select the adopting parent and consent to adoption of their child by
an unrelated individual or couple.

Agency-Placement Adoption.  In an “agency-placement” adoption the parents execute the adoption consent
release to the Michigan Department of Human Services (“DHS”).   The DHS, then, becomes responsible for the
child’s placement and adoption planning. This occurs frequently in child protective proceedings where a parent
has been accused of abuse and/or neglect.  In these instances, the juvenile court may terminate parental rights
and take the parents releases after it has taken jurisdiction under the Juvenile Code.  Alternatively, the juvenile
court may terminate parental rights and accept the parents’ releases under the Adoption Code prior to taking
jurisdiction.

How long will the adoption take and what paperwork must be submitted?  Click here to view a table
that provides more details on the time frames and legal documents required to complete a direct-placement
adoption.

WE ARE ADOPTION ATTORNEYS
In addition to acting as counsel in an adoption proceeding or case, an “adoption attorney” facilitates the adoption
process by providing clients with needed services, referrals, information pamphlets, directories, and public
information forms. As an adoption facilitator, we comply with the provisions of MCL 722.124c–.124d and .956
and we will not refuse to provide services to potential adoptive parents based solely on their age, race, religious
affiliation, disability, or income.

If you are considering a private adoption we can help.  
Effective, Compassionate, Affordable Legal Representation
LAW OFFICES OF RL JOHNSON