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

Mich. Comp. Laws § 710.26 (2026)

Documentation required; informing adoptee and adoptive parents of MCL 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; applicability of subsection (2); providing adoptee and adoptive parents with list of adoption support groups; applicability of subsection (3).

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PROBATE CODE OF 1939


Act 288 of 1939


710.26 Documentation required; informing adoptee and adoptive parents of MCL 710.27a, 710.27b, 710.68, 710.68a, and 710.68b; applicability of subsection (2); providing adoptee and adoptive parents with list of adoption support groups; applicability of subsection (3).

Sec. 26.

    (1) Subsequent to or concurrent with the filing of the adoption petition but before the hearing on the petition by the court, the petitioner, the department, an employee or agent of the court, or a child placing agency, as appropriate, shall file all of the following documentation:

    (a) Except in instances of parental consent to adoption, a copy of each release or order terminating parental rights over the child having a bearing upon the authority of a person to execute the consent to adoption.

    (b) A copy of the order of commitment, if a commitment was made to a child placing agency or to the department.

    (c) Proof of a guardian's appointment and authorization to execute the release or consent to the child's adoption.

    (d) A copy of the consent to adoption as required in this chapter. If the consent is required pursuant to section 43(1)(b), (c), or (d) of this chapter, the consent shall be filed concurrently with the filing of the adoption petition unless a motion is filed pursuant to section 45 of this chapter.

    (e) A copy of the adoptee's birth certificate, verification of birth, hospital birth registration, or other satisfactory proof of date and place of birth, if obtainable, unless this filing is waived by written order of the judge.

    (f) The report of the investigation prepared pursuant to section 46 of this chapter.

    (g) If the petition alleges nonsupport and noncommunication by a parent, as described in section 51(6), an affidavit verifying that fact.

    (h) Any additional facts considered necessary by the court.

    (2) Before or at the time of the hearing on the adoption petition, the court shall inform the adoptee, if he or she is 14 years old or older, and the adoptive parents of the provisions described in sections 27a, 27b, 68, 68a, and 68b. This subsection also applies to a stepparent adoption and the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.

    (3) Before or at the time of the hearing on the adoption petition, the court shall provide the adoptee, if he or she is 14 years old or older, and the adoptive parents with a list of adoption support groups. This subsection also applies to a stepparent adoption and to the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 509, Imd. Eff. Jan. 26, 1981 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1990, Act 175, Imd. Eff. July 2, 1990 ;-- Am. 1994, Act 239, Eff. July 5, 1994 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1985–2022 · leading case: In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009).
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In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009). “MCL 710.26(l)(a). If the child is claimed to be born out of wedlock and the mother executes or proposes to execute a consent or release relinquishing her rights or joins in a petition for adoption by her husband, and the consent or release of the natural father cannot be…”
In Re Caw, 659 N.W.2d 657 (Mich. Ct. App. 2003). · cites it 2× “MCL 710.26. If the child is claimed to be born out of wedlock and the mother executes a release or consent relinquishing her rights or joins in a petition for adoption, and the release of the natural father cannot be obtained, the court must hold a hearing to determine whether…”
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985). “24); MCL 710.26; MSA 27.3178(555.26). 3 Under the Adoption Code, parents may also directly consent to the adoption of their children.”
In Re Handorf, 777 N.W.2d 130 (Mich. 2010). “41(1); (b) the parents consent to an adoption, MCL 710.26(1)(a); or (c) the parents have released their rights to the child and do not intend to exercise any parental rights over that child.”
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009). “” MCL 710.26(1)(a). Therefore, we agree with the probate court’s conclusion that the first prerequisite for adoption is termination of the parental rights of the child’s parents (in the *388 absence of the parent’s or parents’ consent).”
— Mich. Comp. Laws § 710.26(1)(a) — 2 cases
In Re Handorf, 777 N.W.2d 130 (Mich. 2010). “41(1); (b) the parents consent to an adoption, MCL 710.26(1)(a); or (c) the parents have released their rights to the child and do not intend to exercise any parental rights over that child.”
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009). “” MCL 710.26(1)(a). Therefore, we agree with the probate court’s conclusion that the first prerequisite for adoption is termination of the parental rights of the child’s parents (in the *388 absence of the parent’s or parents’ consent).”
— Mich. Comp. Laws § 710.26(2) — 3 cases
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
People of Michigan v. John Antonya Moss (Mich. 2022). “27(6) (stating that the subsection does not apply to the adoption of a child related “within the fifth degree by marriage, blood, or adoption”).”
— Mich. Comp. Laws § 710.26(l)(a) — 1 case
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009). “MCL 710.26(l)(a). If the child is claimed to be born out of wedlock and the mother executes or proposes to execute a consent or release relinquishing her rights or joins in a petition for adoption by her husband, and the consent or release of the natural father cannot be…”
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