Mich. Comp. Laws » Michigan Compiled Laws / Chapter 710 / Act 288 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 710.22 (2026)

Definitions.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


710.22 Definitions.

Sec. 22.

    As used in this chapter:

    (a) "Adoptee" means the individual who is to be adopted, regardless of whether the individual is a child or an adult.

    (b) "Adoption attorney" means an attorney acting as counsel in an adoption proceeding or case.

    (c) "Adult former sibling" means an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee.

    (d) "Agency placement" means a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent.

    (e) "Applicant" means an individual or individuals who desire to adopt a child and who have submitted an adoption application to a child placing agency.

    (f) "Attending practitioner" means a licensed physician or a registered professional nurse certified as a nurse midwife by the Michigan board of nursing.

    (g) "Best interests of the adoptee" or "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court to be applied to give the adoptee permanence at the earliest possible date:

    (i) The love, affection, and other emotional ties existing between the adopting individual or individuals and the adoptee or, in the case of a hearing under section 39 of this chapter, the putative father and the adoptee.

    (ii) The capacity and disposition of the adopting individual or individuals or, in the case of a hearing under section 39 of this chapter, the putative father to give the adoptee love, affection, and guidance, and to educate and create a milieu that fosters the religion, racial identity, and culture of the adoptee.

    (iii) The capacity and disposition of the adopting individual or individuals or, in the case of a hearing under section 39 of this chapter, the putative father, to provide the adoptee with food, clothing, education, permanence, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

    (iv) The length of time the adoptee has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

    (v) The permanence as a family unit of the proposed adoptive home, or, in the case of a hearing under section 39 of this chapter, the home of the putative father.

    (vi) The moral fitness of the adopting individual or individuals or, in the case of a hearing under section 39 of this chapter, of the putative father.

    (vii) The mental and physical health of the adopting individual or individuals or, in the case of a hearing under section 39 of this chapter, of the putative father, and of the adoptee.

    (viii) The home, school, and community record of the adoptee.

    (ix) The reasonable preference of the adoptee, if the adoptee is 14 years of age or less and if the court considers the adoptee to be of sufficient age to express a preference.

    (x) The ability and willingness of the adopting individual or individuals to adopt the adoptee's siblings.

    (xi) Any other factor considered by the court to be relevant to a particular adoption proceeding, or to a putative father's request for child custody.

    (h) "Born out of wedlock" means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage.

    (i) "Central adoption registry" means the registry established by the department under section 27b of this chapter to control the release of identifying adoption information.

    (j) "Child" means an individual less than 18 years of age.

    (k) "Child placing agency" means a private organization licensed under 1973 PA 116, MCL 722.111 to 722.128, to place children for adoption.

    (l) "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.

    (m) "Court" means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country.

    (n) "Department" means the department of health and human services.

    (o) "Direct placement" means a placement in which 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 transfers physical custody of the child to the prospective adoptive parent.

    (p) "Formal placement" means a placement that is approved by the court under section 51 of this chapter.

    (q) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

    (r) "Petitioner", except as used in section 68b of this chapter, means the individual or individuals who file an adoption petition with the court.

    (s) "Placement" or "to place" means selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent in compliance with this chapter.

    (t) "Relative" means that term as defined in section 13a of chapter XIIA.

    (u) "Release" means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency.

    (v) "Rescission petition" means a petition filed by an adult adoptee and his or her parent whose rights have been terminated to rescind the adoption in which a stepparent acquired parental rights and to restore parental rights of that parent according to section 66 of this chapter.

    (w) "Suitable to be a parent of an adoptee" means a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child.

    (x) "Temporary placement" means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter.

    (y) "Within the fifth degree by marriage, blood, or adoption" means any of the following relationships: parent, step-parent, grandparent, step-grandparent, brother, step-brother, sister, step-sister, uncle, step-uncle, aunt, step-aunt, first cousin, step-first cousin, great aunt, step-great aunt, great uncle, step-great uncle, great grandparent, step-great grandparent, first cousin once removed, step-first cousin once removed, great great grandparent, step-great great grandparent, great great uncle, step-great great uncle, great great aunt, step-great great aunt, great great great grandparent, or step-great great great grandparent.

    

    

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 116, Eff. Sept. 12, 1980 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1990, Act 175, Imd. Eff. July 2, 1990 ;-- 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 ;-- Am. 2022, Act 209, Imd. Eff. Oct. 7, 2022

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 71 cases (20 in the last 5 years), 1983–2026 · leading case: In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000).
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In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). · cites it 10× “" MCL 710.22; MSA 27.3178(555.22) (emphasis added).”
In re COH, 848 N.W.2d 107 (Mich. 2014). · cites it 3× “23; 8 however, Scribner argues, and the Court of *200 Appeals agreed, that the best-interest factors in the Adoption Code, MCL 710.22(g), 9 should apply to a *201 guardianship decision under MCL 712A.”
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015). · cites it 3× “Given ASF’s close bond to petitioners and to her sister, who remains in petitioners’ care, reasonable minds might well question the wisdom of denying petitioners consent to adopt and of removing ASF from the continuity of a stable family setting.”
In Re Bkd, 631 N.W.2d 353 (Mich. Ct. App. 2001). · cites it 3× “The trial court proceeded to conduct a hearing pursuant to MCL 710.22(f) to determine if placement with respondent was in the child’s best interests.”
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009). “In a March 18,2009, opinion and order, the judge made several findings of fact and then addressed the best interests factors set forth in MCL 710.22(g), acknowledging that the parties agreed that factors (viii) through (x) did not apply.”
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). · cites it 7× “DECISION BELOW Based on this testimony, the court evaluated the best-interest factors, MCL 710.22(g). 2 The court’s findings regarding some of the factors can be summarized as follows: • (i) Love, affection, and emotional ties.”
In Re Clausen, 502 N.W.2d 649 (Mich. 1993). “[MCL 710.22; MSA 27.3178(555.22).] [92] The majority's comment ( ante, pp 677-678) on subsection (2) ignores the difference between a decision recognizing parental rights and a decision awarding custody.”
In re Keast, 278 Mich. App. 415 (Mich. Ct. App. 2008). “MCL 710.22(g). The court further erred in attempting to revoke its commitment of the children to the Department of Human Services, since such a commitment, once made, is irrevocable.”
In Re Schnell, 543 N.W.2d 11 (Mich. Ct. App. 1995). “After considering the best interests factors enunciated in §22 of the Adoption Code, MCL 710.22; MSA 27.3178(555.22), the court found "by clear and convincing evidence, that it is in Krystal Schnell’s best interest to deny custody to Michael Sanchez, putative Father.”
In Re Caw, 659 N.W.2d 657 (Mich. Ct. App. 2003). · cites it 2× “§ 710.22, "born out of wedlock" means "a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage.”
Dresser v. Cradle of Hope Adoption Ctr., Inc., 358 F. Supp. 2d 620 (E.D. Mich. 2005). · cites it 2× “Although Cradle of Hope may not fall precisely within the definition of a state child placement agency, see Mich. Comp. Laws §§ 710.22 (j), § 722.111(c), and therefore may not be bound by the statute, the legislature nonetheless has made clear its preference for disclosure, and…”
In Re Hill, 562 N.W.2d 254 (Mich. Ct. App. 1997). “Moreover, because the Legislature set forth in the Adoption Code the criteria to be evaluated in determining the best interests of the adoptee, see MCL 710.22(f); MSA 27.3178(555.22)(f), we think it unlikely that the probate court is prohibited from considering such evidence…”
Show all 71 citing cases →
— Mich. Comp. Laws § 710.22(f) — 9 cases
In Re Bkd, 631 N.W.2d 353 (Mich. Ct. App. 2001). “The trial court proceeded to conduct a hearing pursuant to MCL 710.22(f) to determine if placement with respondent was in the child’s best interests.”
In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). “" MCL 710.22; MSA 27.3178(555.22) (emphasis added).”
In Re Hill, 562 N.W.2d 254 (Mich. Ct. App. 1997). “Moreover, because the Legislature set forth in the Adoption Code the criteria to be evaluated in determining the best interests of the adoptee, see MCL 710.22(f); MSA 27.3178(555.22)(f), we think it unlikely that the probate court is prohibited from considering such evidence…”
In re Dawson, 591 N.W.2d 433 (Mich. Ct. App. 1998).
In Re Toth, 577 N.W.2d 111 (Mich. Ct. App. 1998).
— Mich. Comp. Laws § 710.22(f)(ii) — 1 case
In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). “" MCL 710.22; MSA 27.3178(555.22) (emphasis added).”
— Mich. Comp. Laws § 710.22(f)(iii) — 1 case
In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). “" MCL 710.22; MSA 27.3178(555.22) (emphasis added).”
— Mich. Comp. Laws § 710.22(f)(xi) — 1 case
In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). “" MCL 710.22; MSA 27.3178(555.22) (emphasis added).”
— Mich. Comp. Laws § 710.22(g) — 27 cases
In re COH, 848 N.W.2d 107 (Mich. 2014). “23; 8 however, Scribner argues, and the Court of *200 Appeals agreed, that the best-interest factors in the Adoption Code, MCL 710.22(g), 9 should apply to a *201 guardianship decision under MCL 712A.”
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009). “In a March 18,2009, opinion and order, the judge made several findings of fact and then addressed the best interests factors set forth in MCL 710.22(g), acknowledging that the parties agreed that factors (viii) through (x) did not apply.”
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). “DECISION BELOW Based on this testimony, the court evaluated the best-interest factors, MCL 710.22(g). 2 The court’s findings regarding some of the factors can be summarized as follows: • (i) Love, affection, and emotional ties.”
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015). “Given ASF’s close bond to petitioners and to her sister, who remains in petitioners’ care, reasonable minds might well question the wisdom of denying petitioners consent to adopt and of removing ASF from the continuity of a stable family setting.”
In re Keast, 278 Mich. App. 415 (Mich. Ct. App. 2008). “MCL 710.22(g). The court further erred in attempting to revoke its commitment of the children to the Department of Human Services, since such a commitment, once made, is irrevocable.”
— Mich. Comp. Laws § 710.22(g)(ci) — 1 case
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). “DECISION BELOW Based on this testimony, the court evaluated the best-interest factors, MCL 710.22(g). 2 The court’s findings regarding some of the factors can be summarized as follows: • (i) Love, affection, and emotional ties.”
— Mich. Comp. Laws § 710.22(g)(i) — 5 cases
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Rev Minor (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 710.22(g)(ii) — 4 cases
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(iii) — 5 cases
in Re Ljn (Mich. Ct. App. 2015).
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(iv) — 5 cases
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). “DECISION BELOW Based on this testimony, the court evaluated the best-interest factors, MCL 710.22(g). 2 The court’s findings regarding some of the factors can be summarized as follows: • (i) Love, affection, and emotional ties.”
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(ix) — 1 case
In Re Rev Minor (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 710.22(g)(v) — 4 cases
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Ljn (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(vi) — 3 cases
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(vii) — 4 cases
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(viii) — 4 cases
In Re Rev Minor (Mich. Ct. App. 2022).
In Re Bwj Minor (Mich. Ct. App. 2023).
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(g)(x) — 2 cases
In Re Cw, 781 N.W.2d 309 (Mich. 2010).
In Re Rev Minor (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 710.22(g)(xi) — 4 cases
In Re Bwj Minor (Mich. Ct. App. 2023).
In Re Rev Minor (Mich. Ct. App. 2023).
in Re Coh, Erh, Jrg, Kbh Minors (Mich. 2014).
in Re Ljn (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(j) — 4 cases
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
in Re L D Rippy Minor (Mich. Ct. App. 2019).
In Re M R Simonetta Minor (Mich. Ct. App. 2022).
In Re M R Simonetta Minor (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 710.22(k) — 3 cases
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
in Re Jsp (Mich. Ct. App. 2017).
in Re Mjg (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 710.22(l) — 1 case
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009).
— Mich. Comp. Laws § 710.22(q) — 1 case
in Re L D Rippy Minor (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 710.22(r) — 2 cases
In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015). “Given ASF’s close bond to petitioners and to her sister, who remains in petitioners’ care, reasonable minds might well question the wisdom of denying petitioners consent to adopt and of removing ASF from the continuity of a stable family setting.”
in Re Asf Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.22(t) — 3 cases
People of Michigan v. John Antonya Moss (Mich. 2022).
People of Michigan v. John Antonya Moss (Mich. 2022).
People of Michigan v. John Antonya Moss (Mich. 2022).
— Mich. Comp. Laws § 710.22(u) — 1 case
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009).
— Mich. Comp. Laws § 710.22(y) — 8 cases
In Re Franco-Roney Minors (Mich. Ct. App. 2025).
In Re shepherd/wakefield Minors (Mich. Ct. App. 2023).
In Re Porter Minors (Mich. Ct. App. 2024).
In Re boshell/shelton Minors (Mich. Ct. App. 2025).
In Re D Born Free Minor (Mich. Ct. App. 2025).
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