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

Mich. Comp. Laws § 710.28 (2026)

Release; persons authorized to execute; release to child placing agency or department; advising parent or guardian of child placing agencies; advising agencies of child's availability for adoption; release of child by agency to department; child as state ward; proof accompanying release.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


710.28 Release; persons authorized to execute; release to child placing agency or department; advising parent or guardian of child placing agencies; advising agencies of child's availability for adoption; release of child by agency to department; child as state ward; proof accompanying release.

Sec. 28.

    (1) Subject to this section and section 29 of this chapter, a release shall be executed:

    (a) By each parent of a child to be adopted or the surviving parent, except under the following circumstances:

    (i) The rights of the parent have been terminated by a court of competent jurisdiction.

    (ii) A guardian of the child has been appointed.

    (iii) A guardian of a parent has been appointed.

    (b) By the authorized representative of a child placing agency to whom the child has been committed by an order of the court.

    (c) By the authorized representative of the child placing agency to whom the child has been released.

    (d) By the guardian of the child, subject to subsection (3), if a guardian has been appointed.

    (e) By the guardian of a parent, subject to subsection (4), if a guardian has been appointed.

    (2) If the parent of the child to be adopted is an unemancipated minor, that parent's release is not valid unless a parent, guardian, or guardian ad litem of that minor parent has also executed the release.

    (3) The guardian of the child to be adopted may not execute a release of the child pursuant to subsection (1) unless the guardian has first obtained authority to execute the release from the court that appointed the guardian.

    (4) The guardian of a parent may not execute a release of the parent's child pursuant to subsection (1) unless the guardian has first obtained authority to execute the release from the court that appointed the guardian. Such a release shall have the same effect as if the release were executed by the parent.

    (5) A release shall be given only to a child placing agency or to the department.

    (6) Before the department arranges a release from a parent or guardian, a representative of the department shall advise the parent or guardian about child placing agencies serving the county and, upon the parent's or guardian's request, shall refer the parent or guardian to a child placing agency. After the release of a child by a parent or guardian to the department, the department shall advise the child placing agencies serving the county that the child is available for adoption.

    (7) If a child was released for adoption or committed to a child placing agency, that agency may release that child to the department and the department shall accept the release.

    (8) Upon release of a child to the department pursuant to this section, the child becomes a state ward.

    (9) Where applicable under this section, proof of the termination of parental rights, release of parental rights, appointment, authorization, or commitment shall accompany the release.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1990, Act 175, Imd. Eff. July 2, 1990 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 16 cases, 1977–2018 · leading case: In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
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In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985). · cites it 3× “) in lieu of proceedings based on neglect (see MCL 710.28; MSA 27.3178[555.28]): "The Court: * * * Now, you understand, do you not, that if — I will appoint attorneys for either of you if you want to contest this petition.”
In re Williams, 915 N.W.2d 328 (Mich. 2018). “The Michigan Department of Health and Human Services (DHHS) instituted child protective proceedings against Williams, but before the trial court terminated Williams's parental rights to the children, he released those rights under §§ 28 and 29 of the Michigan Adoption Code, MCL…”
In Re Baby Girl Fletcher, 256 N.W.2d 444 (Mich. Ct. App. 1977). · cites it 2× “Appellant is an unemancipated minor who executed an adoption release of her child pursuant to MCLA 710.28; MSA 27.3178(555.28) of the Michigan Adoption Code.”
In Re Blankenship, 418 N.W.2d 919 (Mich. Ct. App. 1988). · cites it 2× “Petitioners appeal as of right from the probate court's denial of their petition to set aside releases of their parental rights subsequent to the court's entry of an order terminating such rights pursuant to the Michigan Adoption Code, MCL 710.28, 710.29(6); MSA 27.3178(555.28),…”
Bikos v. Nobliski, 276 N.W.2d 541 (Mich. Ct. App. 1979). “MCL 710.28, 710.29, 710.36, 710.37, 710.41, 710.”
In Re Nord, 386 N.W.2d 694 (Mich. Ct. App. 1986). · cites it 2× “1 MCL 710.28; MSA 27.3178(555.28). 2 MCL 710.”
In the Matter of Myers, 345 N.W.2d 663 (Mich. Ct. App. 1983). “MCL 710.28; MSA 27.3178(555.28). Pursuant to MCL 710.”
DeBoer v. Child & Fam. Servs. of Michigan, Inc., 257 N.W.2d 200 (Mich. Ct. App. 1977). “43) whereas releases are governed by MCLA 710.28; MSA 27.3178(555.28) and MCLA 710.”
in Re Williams Minors (Mich. Ct. App. 2017). · cites it 7× “44, or a release, under MCL 710.28 and MCL 710.29. The Legislature’s use of the phrase, “in conjunction with,” establishes its intent that executing consent under subsection (1) is a separate obligation from executing a consent to adopt or release.”
in Re Williams Minors (Mich. 2018). · cites it 7× “In 2015, the biological parents released their rights to the minor children under MCL 710.28 and MCL 710.29 of the Michigan Adoption Code, MCL 710.”
People v. Keane, 373 N.W.2d 228 (Mich. Ct. App. 1985). “, MCL 710.28(2); MSA 27.3178(555.28X2), MCL 710.”
In Re Handorf, 777 N.W.2d 130 (Mich. 2010). “Specifically, petitioners and their amicus argue that the decision ignores MCL 710.28(1)(a)(ii) and MCL 710.43(1)(a)(iii), which provide that a parent shall execute a release of rights or consent for adoption except when a guardian has been appointed.”
Show all 16 citing cases →
— Mich. Comp. Laws § 710.28(1)(a) — 2 cases
in Re Lrh Minor (Mich. Ct. App. 2015).
in Re Lrh Minor (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 710.28(1)(a)(ii) — 1 case
In Re Handorf, 777 N.W.2d 130 (Mich. 2010). “Specifically, petitioners and their amicus argue that the decision ignores MCL 710.28(1)(a)(ii) and MCL 710.43(1)(a)(iii), which provide that a parent shall execute a release of rights or consent for adoption except when a guardian has been appointed.”
— Mich. Comp. Laws § 710.28(1)(d) — 1 case
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009).
— Mich. Comp. Laws § 710.28(2) — 1 case
People v. Keane, 373 N.W.2d 228 (Mich. Ct. App. 1985). “, MCL 710.28(2); MSA 27.3178(555.28X2), MCL 710.”
— Mich. Comp. Laws § 710.28(5) — 3 cases
In Re Nord, 386 N.W.2d 694 (Mich. Ct. App. 1986). “1 MCL 710.28; MSA 27.3178(555.28). 2 MCL 710.”
in Re Williams Minors (Mich. Ct. App. 2017). “44, or a release, under MCL 710.28 and MCL 710.29. The Legislature’s use of the phrase, “in conjunction with,” establishes its intent that executing consent under subsection (1) is a separate obligation from executing a consent to adopt or release.”
In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009).
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