Legal Services FAQ
In most counties the adoption petitions are filed via mail. Some counties require a finalization hearing. Our legal department will take care of all of the necessary legal work and will notify you if you must attend.
How long does it usually take to schedule a release hearing?
Many counties take from four to six weeks, sometimes longer. However, when a child is placed into host care in that county, a hearing date can then be scheduled as soon as seven days after birth. Occasional circumstances due to birth father issues or birth mother health concerns can also add to the wait time.
Can the adoptive family attend the release hearing?
This is not allowed by the courts.
Most insurance carriers will only require a copy of the order placing the child after the release or consent. This is a document signed by the judge after the petition for adoption has been filed with the court.
No. Once the petition for adoption has been filed with the court, nothing will require a signature until after the six month supervision period has ended.
Will we have to attend the finalization hearing?
In most counties, a finalization hearing is not required. In the case where it is, the family is required to attend, usually with their caseworker.
When do we receive the final order of adoption?
After the six month supervisory period, the necessary paperwork to finalize the adoption is sent to the court and the judge then signs the final order of adoption. It is usually sent to the adoptive family approximately seven to eight months after the order placing is signed and dated.
Who do I call if I have any questions regarding the legal process?
The adoptive family is encouraged to contact their home study caseworker with any questions they have, including those regarding legal issues. If she is unable to answer a legal question, she will promptly contact the legal coordinator and respond with an answer as soon as possible.
If a birth mother is married at the time of the conception and/or birth of the baby, the woman’s husband is the child’s legal father. Michigan law requires a legal father to sign a release or a consent to the adoption in court after the birth of the baby, just like a birth mother must do, for the adoption to proceed. If the legal father is not willing to cooperate, an adoption cannot go on as planned.
In the instance where the legal father is NOT the biological father and is NOT willing to cooperate, the agency may obtain an attorney to file a petition for a hearing to determine that the child was born out of wedlock. Guided by the assistance of an attorney, this process requires two court hearings that must occur prior to the hearing for the birth mother to release her parental rights.
A putative father who provides substantial financial support to the birth mother or the baby during the pregnancy or after the birth also has a special status in the court. Although he is not required to be present at court and sign a release like a legal father, if he is not in agreement with the adoption, he can come to court to ask for custody, thereby preventing the birth mother from proceeding with her adoption plan.
What happens at a release hearing?
The birth mother’s caseworker will prepare her for court and will take her to the release hearing. The purpose of the release hearing is to terminate the parental rights of both the birth mother and the birth father. The hearing will take place in front of a judge or referee.
First, the judge or referee will explain the birth mother’s parental rights to her and make sure that she comprehends them. The judge or referee will ensure that the birth mother’s release is voluntary by asking her numerous questions to ensure that she is not being forced or coerced into following through with her adoption plan. The judge or referee will also verify that she has had enough time to make her decision. Finally, the judge or referee will ask the birth mother additional questions to make sure that she understands that her decision is permanent and that the 21-day appeal period that follows the hearing is not a time frame for her to change her mind.
Then, the judge or referee will ask the birth mother questions about the identity of the birth father. His rights will also be terminated on this day by the fact that he is present and agrees with the adoption, he has signed a Notice to Putative Father and Custody Statement indicating that he is in support of the adoption, he has been served proper notice of the hearing and has not appeared, or he cannot be identified or located.
What are the legal implications of an unknown birth father?
In any adoption, rights of the birth father must be terminated, even if he is unknown. If the birth mother cannot identify him, the caseworker will speak with her several times to make sure that we have all the information she can provide, or to see if there is anything additional that can be done to identify and locate him. If he truly cannot be identified, the birth mother will testify in court at her release hearing about the circumstances surrounding her pregnancy and why the birth father cannot be identified. She will be testifying under oath, and she will be advised of the importance of telling the truth. The judge or referee will ask her follow-up questions as necessary. If the judge or referee accepts her testimony, he or she will terminate the rights of the unknown father so that the adoption can proceed.
What does the agency do to locate a birth father—known or unknown?
The agency will discuss the importance of locating a birth father with the birth mother and obtain all possible information as soon as possible. Sometimes the agency is able to locate a birth father on its own, but at other times, the agency enlists the services of a private investigator to find him. We make every attempt to locate the birth father to assure the court that there is nothing further that can be done and to protect the child’s placement in your home.
