Michigan Compiled Laws

Mich. Comp. Laws § 710.43 (2026)

Consent to adoption; persons authorized to execute.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

710.43 Consent to adoption; persons authorized to execute.

Sec. 43.

(1) Subject to this section and sections 44 and 51 of this chapter, consent to adoption of a child 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) The child has been released for the purpose of adoption to a child placing agency or to the department.

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

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

(v) A parent having legal custody of the child is married to the petitioner.

(b) By the authorized representative of the department or his or her designee or of a child placing agency to whom the child has been permanently committed by an order of the court.

(d) By the authorized representative of the department or his or her designee or of a child placing agency to whom the child has been released.

(e) By the guardian of the child, subject to subsection (5), if a guardian has been appointed.

(f) By the guardian of a parent, subject to subsection (6), if a guardian has been appointed.

(g) By the authorized representative of a court or child placing agency of another state or country that has authority to consent to adoption.

(2) If the child to be adopted is over 14 years of age, that child's consent is necessary before the court may enter an order of adoption.

(3) If the individual to be adopted is an adult, the individual's consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required.

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

(5) The guardian of the child to be adopted shall not execute a consent to that child's adoption according to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian.

(6) The guardian of a parent shall not execute a consent to the adoption of the parent's child according to subsection (1) unless the guardian has first obtained authority to execute the consent from the court that appointed the guardian. The consent shall have the same effect as if the consent were executed by the parent.

(7) If the petitioner for adoption is married to the parent having legal custody of the child and that parent has joined the petitioner in filing the petition for adoption, that parent shall not execute a consent to the adoption. The consent of the parent who does not have legal custody of the child and whose parental rights have not been terminated shall be executed before the court may enter an order of adoption under section 56 of this chapter.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 116, Eff. Sept. 12, 1980 ;-- 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 222, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2011, Act 32, Imd. Eff. May 24, 2011

PopularName Notes:

Probate Code

Notes of Decisions

Cited in 36 cases (4 in the last 5 years), 1977–2026 · leading case: In re AJR, 852 N.W.2d 760 (Mich. 2014).

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In re AJR, 852 N.W.2d 760 (Mich. 2014). · cites it 9× “51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”

Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010). · cites it 2× “103(2)(a) and (b). [46] MCL 700.5103(1). [47] MCL 750.”

Bowie v. Arder, 490 N.W.2d 568 (Mich. 1992). · cites it 2× “The Child Custody Act is not a substitute for the procedures and requirements of the Adoption Code where an adoption by consent is not possible because the child is not related within the fifth degree to the prospective adoptive parents.”

In re Keast, 278 Mich. App. 415 (Mich. Ct. App. 2008). · cites it 3× “That subsection provides that an adoption petitioner who has been unable to obtain the consent for an adoption required by MCL 710.43(l)(b) may move the court to allow the adoption by showing that the decision to withhold consent was arbitrary and capricious.”

In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015). · cites it 2× “45 provides: (1) A court shall not allow the filing of a petition to adopt a child if the consent of a representative or court is required by [MCL 710.43(1)(b), (c), or (d)] unless the petition is accompanied by the required consent or a motion as provided in subsection (2).”

In Re Toth, 577 N.W.2d 111 (Mich. Ct. App. 1998). · cites it 2× “, and Brandi Sanson filed a consent in the Mecosta County Probate Court to Frank and Wanda Toth adopting the child pursuant to MCL 710.43; MSA 27.3178(555.43) and MCL 710.”

In Re Adams, 473 N.W.2d 712 (Mich. Ct. App. 1991). · cites it 2× “MCL 710.43(3); MSA 27.3178(555.43)(3). We can think of no logical reason why an adult like Molly Adams should not be able to consent to be adopted by anyone she wishes.”

In re Williams, 915 N.W.2d 328 (Mich. 2018). “Or a parent may voluntarily release his or her parental rights to allow placement of a child with a specific adoptive parent by signing a consent under §§ 43 and 44 of the Adoption Code, MCL 710.43 and MCL 710.44. For a consent to be valid, certain conditions must be satisfied,…”

In Re Keast, 750 N.W.2d 643 (Mich. Ct. App. 2008). · cites it 3× “That subsection provides that an adoption petitioner who has been unable to obtain the consent for an adoption required by MCL 710.43(1)(b) may move the court to allow the adoption by showing that the decision to withhold consent was arbitrary and capricious.”

In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985). · cites it 2× “The department or agency gives the consent to the adoption, 3 MCL 710.43, subds *836 (l)(a)(ii), (b), and (d); MSA 27.”

Adoption of D.N.T. v. R.D.H., 843 So. 2d 690 (Miss. 2003). “§ 1113(A) (2001) (minor parent’s own parents must join in petition); Mich. Comp. Laws Ann. § 710.43 (4) (2002); Minn.”

In Re Nord, 386 N.W.2d 694 (Mich. Ct. App. 1986). · cites it 2× “2 MCL 710.43; MSA 27.3178(555.43). 3 MCL 710.”

Show all 36 citing cases →

— Mich. Comp. Laws § 710.43(1)(a) — 2 cases

in Re Lrh Minor (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 710.43(1)(a)(iii) — 1 case

In Re Handorf, 777 N.W.2d 130 (Mich. 2010).

— Mich. Comp. Laws § 710.43(1)(a)(v) — 1 case

Bowie v. Arder, 490 N.W.2d 568 (Mich. 1992). “The Child Custody Act is not a substitute for the procedures and requirements of the Adoption Code where an adoption by consent is not possible because the child is not related within the fifth degree to the prospective adoptive parents.”

— Mich. Comp. Laws § 710.43(1)(b) — 9 cases

In re ASF, 876 N.W.2d 253 (Mich. Ct. App. 2015). “45 provides: (1) A court shall not allow the filing of a petition to adopt a child if the consent of a representative or court is required by [MCL 710.43(1)(b), (c), or (d)] unless the petition is accompanied by the required consent or a motion as provided in subsection (2).”

In Re Keast, 750 N.W.2d 643 (Mich. Ct. App. 2008). “That subsection provides that an adoption petitioner who has been unable to obtain the consent for an adoption required by MCL 710.43(1)(b) may move the court to allow the adoption by showing that the decision to withhold consent was arbitrary and capricious.”

in Re Coh, Erh, Jrg, Kbh Minors (Mich. Ct. App. 2014).

in Re Tjb, Djb Minors (Mich. Ct. App. 2016).

in Re Wjh, Amh Minors (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 710.43(1)(e) — 2 cases

in Re Williams Minors (Mich. Ct. App. 2017).

In Re Handorf, 776 N.W.2d 374 (Mich. Ct. App. 2009).

— Mich. Comp. Laws § 710.43(2) — 2 cases

In Re Vcf Minor (Mich. Ct. App. 2024).

in Re Coh, Erh, Jrg, Kbh Minors (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 710.43(3) — 2 cases

In Re Adams, 473 N.W.2d 712 (Mich. Ct. App. 1991). “MCL 710.43(3); MSA 27.3178(555.43)(3). We can think of no logical reason why an adult like Molly Adams should not be able to consent to be adopted by anyone she wishes.”

In Re Munson, 534 N.W.2d 192 (Mich. Ct. App. 1995).

— Mich. Comp. Laws § 710.43(4) — 3 cases

Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010). “103(2)(a) and (b). [46] MCL 700.5103(1). [47] MCL 750.”

People v. Keane, 373 N.W.2d 228 (Mich. Ct. App. 1985).

In Re Eam Minor (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 710.43(5) — 2 cases

In Re Handorf, 777 N.W.2d 130 (Mich. 2010).

In Re Robins, 395 N.W.2d 710 (Mich. Ct. App. 1986).

— Mich. Comp. Laws § 710.43(7) — 2 cases

In re AJR, 852 N.W.2d 760 (Mich. 2014). “51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”

in Re Ajr Minor (Mich. 2014).

— Mich. Comp. Laws § 710.43(l)(a) — 1 case

In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985). “The department or agency gives the consent to the adoption, 3 MCL 710.43, subds *836 (l)(a)(ii), (b), and (d); MSA 27.”

— Mich. Comp. Laws § 710.43(l)(a)(v) — 1 case

— Mich. Comp. Laws § 710.43(l)(a)(vi) — 1 case

In Re Stowe, 412 N.W.2d 655 (Mich. Ct. App. 1987).

— Mich. Comp. Laws § 710.43(l)(b) — 3 cases

In re Keast, 278 Mich. App. 415 (Mich. Ct. App. 2008). “That subsection provides that an adoption petitioner who has been unable to obtain the consent for an adoption required by MCL 710.43(l)(b) may move the court to allow the adoption by showing that the decision to withhold consent was arbitrary and capricious.”

In the Matter of Griffin, 277 N.W.2d 179 (Mich. Ct. App. 1979).

— Mich. Comp. Laws § 710.43(l)(e) — 1 case

In Re Robins, 395 N.W.2d 710 (Mich. Ct. App. 1986).

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