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

Mich. Comp. Laws § 710.31 (2026)

Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execution of mother's release.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


710.31 Child born out of wedlock; inability to obtain release or consent of natural father; release by mother; petition of dependency or neglect; order authorizing temporary care; delaying formal execution of mother's release.

Sec. 31.

    (1) Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are terminated by the court as provided in section 37 or 39 of this chapter, by the court pursuant to chapter XIIA, or by a court of competent jurisdiction in another state or country.

    (2) Pending the termination or other disposition of the rights of the father of a child born out of wedlock, the mother may execute a release terminating her rights to the child. If the mother releases the child, the child placing agency or department to which the child is released may file a petition of dependency or neglect pursuant to chapter XIIA. Pending disposition of the dependency or neglect petition, the court may enter an order authorizing temporary care of the child.

    (3) At the request of the mother, her formal execution of a release or consent shall be delayed until after court determination of the status of the putative father's request for custody of the child.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1994, Act 373, Eff. Jan. 1, 1995

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 16 cases (6 in the last 5 years), 1978–2024 · 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). “As set forth in MCL 710.31(1): Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological *568 father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are…”
In the Matter of Barlow, 273 N.W.2d 35 (Mich. 1978). “[10] MCLA 710.31; MSA 27.3178(555.31). [11] Id.”
In Re Huisman, 584 N.W.2d 349 (Mich. Ct. App. 1998). “17)(3) (“parent, guardian, or other custodian”). 5 Actually, the Adoption Code cross-references the Juvenile Code in a number of sections.”
In Re Lang, 600 N.W.2d 646 (Mich. Ct. App. 1999). “MCL 710.31(1); MSA 27.3178(555.31)(1). At the time of the instant proceedings and entry of the court’s order terminating respondent’s parental rights, § 39 provided, in relevant part: (1) If the putative father does not come within the provisions of subsection (2), and if the…”
In Re Tmk, 617 N.W.2d 925 (Mich. Ct. App. 2000). “Under MCL 710.31(1); MSA 27.3178(555.31)(1), when a child is bom out of wedlock, a court cannot approve a petition for adoption without first terminating the parental rights of the biological father pursuant to either MCL 710.”
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). “See MCL 710.31(3). The trial court held a temporary placement hearing pursuant to MCR 3.”
In Re Neagos, 439 N.W.2d 357 (Mich. Ct. App. 1989). “24a)(l)(c)(iv) and (v); MCL 710.31; MSA 27.3178(555.31); MCL 710.”
Robards v. Barlow, 404 Mich. 216 (Mich. 1978). “MCLA 710.31; MSA 27.3178(555.31). Id. It was testified that the child would in all probability not be placed for adoption in his then current foster home, but would rather be moved to some other situation not yet chosen at the time of the hearing.”
In Re Rev Minor (Mich. Ct. App. 2022). “]” MCL 710.31(1). MCL 710.36(1) provides: (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child .”
In Re Jbrb Minor (Mich. Ct. App. 2023). “MCL 710.31(1). MCL 710.37(1) explains the procedure for determining paternity for purposes of proceeding toward “permanent[] terminat[ion]” of the father’s rights.”
In Re Bwj Minor (Mich. Ct. App. 2023). “36 in relevant part provides: (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child . . . and the release or consent of the natural father cannot be obtained, the judge shall…”
In Re Jbrb Minor (Mich. Ct. App. 2023). “MCL 710.31(1). MCL 710.37(1) explains the procedure for determining paternity for purposes of proceeding toward “permanent[] terminat[ion]” of the father’s rights.”
Show all 16 citing cases →
— Mich. Comp. Laws § 710.31(1) — 12 cases
In Re Mkk, 781 N.W.2d 132 (Mich. Ct. App. 2009). “As set forth in MCL 710.31(1): Except as provided in section 23d of this chapter, if a child is born out of wedlock and the release or consent of the biological *568 father cannot be obtained, the child shall not be placed for adoption until the parental rights of the father are…”
In Re Huisman, 584 N.W.2d 349 (Mich. Ct. App. 1998). “17)(3) (“parent, guardian, or other custodian”). 5 Actually, the Adoption Code cross-references the Juvenile Code in a number of sections.”
In Re Lang, 600 N.W.2d 646 (Mich. Ct. App. 1999). “MCL 710.31(1); MSA 27.3178(555.31)(1). At the time of the instant proceedings and entry of the court’s order terminating respondent’s parental rights, § 39 provided, in relevant part: (1) If the putative father does not come within the provisions of subsection (2), and if the…”
In Re Tmk, 617 N.W.2d 925 (Mich. Ct. App. 2000). “Under MCL 710.31(1); MSA 27.3178(555.31)(1), when a child is bom out of wedlock, a court cannot approve a petition for adoption without first terminating the parental rights of the biological father pursuant to either MCL 710.”
In Re Rev Minor (Mich. Ct. App. 2022). “]” MCL 710.31(1). MCL 710.36(1) provides: (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child .”
— Mich. Comp. Laws § 710.31(3) — 1 case
In Re Zimmerman, 746 N.W.2d 306 (Mich. Ct. App. 2008). “See MCL 710.31(3). The trial court held a temporary placement hearing pursuant to MCR 3.”
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