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

Mich. Comp. Laws § 710.51 (2026)

Order terminating rights of parents or person in loco parentis; placement of child with petitioner; extension of time; conditions; child as ward of court; termination of jurisdiction; marriage of petitioner to parent having legal custody; placement without making child ward of court; evidence; order terminating rights of divorced or unmarried parent not having legal custody; conditions; consent to services for child by prospective adoptive parents.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


710.51 Order terminating rights of parents or person in loco parentis; placement of child with petitioner; extension of time; conditions; child as ward of court; termination of jurisdiction; marriage of petitioner to parent having legal custody; placement without making child ward of court; evidence; order terminating rights of divorced or unmarried parent not having legal custody; conditions; consent to services for child by prospective adoptive parents.

Sec. 51.

    (1) Not later than 14 days after receipt of the report of investigation, except as provided in subsections (2) and (5), the judge shall examine the report and shall enter an order terminating the rights of the child's parent or parents, if there was a parental consent, or the rights of any person in loco parentis, if there was a consent by other than parents, and approve placement of the child with the petitioner if the judge is satisfied as to both of the following:

    (a) The genuineness of consent to the adoption and the legal authority of the person or persons signing the consent.

    (b) The best interests of the adoptee will be served by the adoption.

    (2) If it is necessary to hold a hearing before entering an order terminating the rights of a parent, parents, or a person in loco parentis, or if other good cause is shown, the time specified in subsection (1) shall be extended for an additional 14-day period.

    (3) Upon entry of an order terminating rights of parents or persons in loco parentis, a child is a ward of the court and a consent to adoption executed under section 43 of this chapter shall not be withdrawn after the order is entered. Entry of the order terminates the jurisdiction of the same court or another court over the child in a divorce or separate maintenance action. If the petitioner for adoption is married to the parent having legal custody of the child, the child shall not be made a ward of the court after termination of the rights of the other parent.

    (4) Without making the child a ward of the court, the court may approve placement of a child if the child is placed for adoption in this state by a public or licensed private agency of another state or country and if the law of the sending state or country prohibits the giving of consent to adoption at the time of placement. Before placement of the child in that instance, the sending agency shall tender evidence as the court requires to demonstrate that the agency possesses the necessary authority to consent to the adoption at the time of entry of the final order of adoption. After the sending agency has given evidence of its ability to consent, the agency shall not do anything to jeopardize its ability to grant the required consent before entry of the final order of adoption. After the sending agency gives its consent for the adoption, that consent shall not be withdrawn.

    (5) If a parent having legal custody of the child is married to the petitioner for adoption, the judge shall not enter an order terminating the rights of that parent.

    (6) If the parents of a child are divorced, or if the parents are unmarried but the father has acknowledged paternity or is a putative father who meets the conditions in section 39(2) of this chapter, and if a parent having custody of the child according to a court order subsequently marries and that parent's spouse petitions to adopt the child, the court upon notice and hearing may issue an order terminating the rights of the other parent if both of the following occur:

    (a) The other parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child or if a support order has been entered, has failed to substantially comply with the order, for a period of 2 years or more before the filing of the petition. A child support order stating that support is $0.00 or that support is reserved shall be treated in the same manner as if no support order has been entered.

    (b) The other parent, having the ability to visit, contact, or communicate with the child, has regularly and substantially failed or neglected to do so for a period of 2 years or more before the filing of the petition.

    (7) Unless otherwise ordered by the court, the prospective adoptive parents with whom a child is placed according to a court order approving placement under this section may consent to all medical, surgical, psychological, educational, and related services for the child.

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. 1994, Act 222, Eff. Jan. 1, 1995 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 143, Eff. Sept. 5, 2016

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 87 cases (31 in the last 5 years), 1985–2026 · leading case: In re AJR, 852 N.W.2d 760 (Mich. 2014).
Sort: Relevance Newest Treatment
In re AJR, 852 N.W.2d 760 (Mich. 2014). · cites it 41× “15 Under the Michigan Adoption Code, two provisions are particularly relevant when considering the process by which a stepparent may adopt a child: MCL 710.51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”
In Re Colon, 377 N.W.2d 321 (Mich. Ct. App. 1985). · cites it 16× “Respondent appeals as of right from a probate court order terminating his parental rights pursuant to the Michigan Adoption Code, MCL 710.51(6); MSA 27.3178(555.51X6). Respondent raises questions concerning statutory construction and his right to a jury trial at the adoption…”
In re AJR, 834 N.W.2d 904 (Mich. Ct. App. 2013). · cites it 14× “Notably, the preceding subsection in the statute, MCL 710.51(5), uses the phrase “a parent having legal custody” to refer to whom that particular subsection applies.”
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). · cites it 20× “752, and the provisions for extension of time after receipt of the report of investigation where necessary to hold a hearing, MCL 710.51(2); MSA 27.3178(555.51)(2). The rules further provide for an appeal on "a written transcript" or on a "settled and agreed" upon record.”
In Re Halbert, 552 N.W.2d 528 (Mich. Ct. App. 1996). · cites it 17× “In this appeal as of right, respondent challenges the validity of a probate court order terminating his parental rights to his soon-to-be sixteen-year-old son Buddy pursuant to MCL 710.51(6); MSA 27.3178(555.51)(6). The termination of respondent’s parental rights cleared the way…”
In Re Caldwell, 576 N.W.2d 724 (Mich. Ct. App. 1998). · cites it 12× “215(H)(3), to resolve the conflict between the prior vacated opinion in this case, In re Caldwell, 225 Mich App 801 (1997), and In re Halbert, 217 Mich App 607 ; 552 NW2d 528 (1996), regarding the interpretation of MCL 710.51(6); MSA 27.3178(555.51)(6). The original Caldwell…”
In Re Alz, 636 N.W.2d 284 (Mich. Ct. App. 2001). · cites it 6× “51, which provides in pertinent part: (6) If the parents of a child are divorced, or if the parents are unmarried but the father has acknowledged paternity or is a putative father who meets the conditions in section 39(2) of this chapter, and if the parent having legal custody…”
In Re Hill, 562 N.W.2d 254 (Mich. Ct. App. 1997). · cites it 7× “Hill, pursuant to § 51(6) of the Adoption Code, MCL 710.51(6); MSA 27.3178(555.51)(6). We affirm.”
In re Talh, 840 N.W.2d 398 (Mich. Ct. App. 2013). · cites it 8× “Petitioners argue that the lower court improperly found that respondent had substantially complied with his child-support obligations in accordance with the pertinent time frame set forth in MCL 710.51(6). We affirm, but we urge the Legislature to revisit the statute in question…”
In Re Smne, 689 N.W.2d 235 (Mich. Ct. App. 2004). · cites it 5× “MCL 710.51 provides in relevant part: (6) If the parents of a child are divorced .”
In Re Ballard, 556 N.W.2d 196 (Mich. Ct. App. 1996). · cites it 10× “§ 710.51(6); M.S.A. § 27.3178(555.51)(6) or M.”
In Re Rff, 617 N.W.2d 745 (Mich. Ct. App. 2000). · cites it 4× “pport or care in accordance with the putative father's ability to provide such support or care for the mother during pregnancy or for either mother or child after the child's birth during the 90 days before notice of the hearing was served upon him, the rights of the putative…”
Show all 87 citing cases →
— Mich. Comp. Laws § 710.51(1) — 5 cases
In re AJR, 852 N.W.2d 760 (Mich. 2014). “15 Under the Michigan Adoption Code, two provisions are particularly relevant when considering the process by which a stepparent may adopt a child: MCL 710.51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”
In Re Koroly, 377 N.W.2d 346 (Mich. Ct. App. 1985).
In Re Buckingham, 368 N.W.2d 888 (Mich. Ct. App. 1985).
In Re DaBaja, 477 N.W.2d 148 (Mich. Ct. App. 1991).
in Re Ajr Minor (Mich. 2014).
— Mich. Comp. Laws § 710.51(1)(b) — 2 cases
in Re Jcs (Mich. Ct. App. 2017).
in Re Jcs (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 710.51(2) — 1 case
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “752, and the provisions for extension of time after receipt of the report of investigation where necessary to hold a hearing, MCL 710.51(2); MSA 27.3178(555.51)(2). The rules further provide for an appeal on "a written transcript" or on a "settled and agreed" upon record.”
— Mich. Comp. Laws § 710.51(3) — 5 cases
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “752, and the provisions for extension of time after receipt of the report of investigation where necessary to hold a hearing, MCL 710.51(2); MSA 27.3178(555.51)(2). The rules further provide for an appeal on "a written transcript" or on a "settled and agreed" upon record.”
In Re Toth, 577 N.W.2d 111 (Mich. Ct. App. 1998).
In Re Neagos, 439 N.W.2d 357 (Mich. Ct. App. 1989).
in Re Williams Minors (Mich. Ct. App. 2017).
in Re Kjs Minor (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 710.51(5) — 5 cases
In re AJR, 852 N.W.2d 760 (Mich. 2014). “15 Under the Michigan Adoption Code, two provisions are particularly relevant when considering the process by which a stepparent may adopt a child: MCL 710.51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”
In re AJR, 834 N.W.2d 904 (Mich. Ct. App. 2013). “Notably, the preceding subsection in the statute, MCL 710.51(5), uses the phrase “a parent having legal custody” to refer to whom that particular subsection applies.”
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “752, and the provisions for extension of time after receipt of the report of investigation where necessary to hold a hearing, MCL 710.51(2); MSA 27.3178(555.51)(2). The rules further provide for an appeal on "a written transcript" or on a "settled and agreed" upon record.”
in Re Ajr Minor (Mich. 2014).
in Re Kjs Minor (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 710.51(6) — 70 cases
In re AJR, 852 N.W.2d 760 (Mich. 2014). “15 Under the Michigan Adoption Code, two provisions are particularly relevant when considering the process by which a stepparent may adopt a child: MCL 710.51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”
In Re Colon, 377 N.W.2d 321 (Mich. Ct. App. 1985). “Respondent appeals as of right from a probate court order terminating his parental rights pursuant to the Michigan Adoption Code, MCL 710.51(6); MSA 27.3178(555.51X6). Respondent raises questions concerning statutory construction and his right to a jury trial at the adoption…”
In re AJR, 834 N.W.2d 904 (Mich. Ct. App. 2013). “Notably, the preceding subsection in the statute, MCL 710.51(5), uses the phrase “a parent having legal custody” to refer to whom that particular subsection applies.”
Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “752, and the provisions for extension of time after receipt of the report of investigation where necessary to hold a hearing, MCL 710.51(2); MSA 27.3178(555.51)(2). The rules further provide for an appeal on "a written transcript" or on a "settled and agreed" upon record.”
In Re Caldwell, 576 N.W.2d 724 (Mich. Ct. App. 1998). “215(H)(3), to resolve the conflict between the prior vacated opinion in this case, In re Caldwell, 225 Mich App 801 (1997), and In re Halbert, 217 Mich App 607 ; 552 NW2d 528 (1996), regarding the interpretation of MCL 710.51(6); MSA 27.3178(555.51)(6). The original Caldwell…”
— Mich. Comp. Laws § 710.51(6)(A) — 1 case
In Re Nrc Minor (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 710.51(6)(B) — 1 case
In Re Nrc Minor (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 710.51(6)(a) — 34 cases
In Re Colon, 377 N.W.2d 321 (Mich. Ct. App. 1985). “Respondent appeals as of right from a probate court order terminating his parental rights pursuant to the Michigan Adoption Code, MCL 710.51(6); MSA 27.3178(555.51X6). Respondent raises questions concerning statutory construction and his right to a jury trial at the adoption…”
In re AJR, 852 N.W.2d 760 (Mich. 2014). “15 Under the Michigan Adoption Code, two provisions are particularly relevant when considering the process by which a stepparent may adopt a child: MCL 710.51 and MCL 710.43. There are two possible avenues pursuant to MCL 710.”
In Re Gaipa, 555 N.W.2d 867 (Mich. Ct. App. 1996).
In Re Halbert, 552 N.W.2d 528 (Mich. Ct. App. 1996). “In this appeal as of right, respondent challenges the validity of a probate court order terminating his parental rights to his soon-to-be sixteen-year-old son Buddy pursuant to MCL 710.51(6); MSA 27.3178(555.51)(6). The termination of respondent’s parental rights cleared the way…”
In Re Smne, 689 N.W.2d 235 (Mich. Ct. App. 2004). “MCL 710.51 provides in relevant part: (6) If the parents of a child are divorced .”
— Mich. Comp. Laws § 710.51(6)(b) — 22 cases
In Re Alz, 636 N.W.2d 284 (Mich. Ct. App. 2001). “51, which provides in pertinent part: (6) If the parents of a child are divorced, or if the parents are unmarried but the father has acknowledged paternity or is a putative father who meets the conditions in section 39(2) of this chapter, and if the parent having legal custody…”
In Re Colon, 377 N.W.2d 321 (Mich. Ct. App. 1985). “Respondent appeals as of right from a probate court order terminating his parental rights pursuant to the Michigan Adoption Code, MCL 710.51(6); MSA 27.3178(555.51X6). Respondent raises questions concerning statutory construction and his right to a jury trial at the adoption…”
In Re Halbert, 552 N.W.2d 528 (Mich. Ct. App. 1996). “In this appeal as of right, respondent challenges the validity of a probate court order terminating his parental rights to his soon-to-be sixteen-year-old son Buddy pursuant to MCL 710.51(6); MSA 27.3178(555.51)(6). The termination of respondent’s parental rights cleared the way…”
In re Talh, 840 N.W.2d 398 (Mich. Ct. App. 2013). “Petitioners argue that the lower court improperly found that respondent had substantially complied with his child-support obligations in accordance with the pertinent time frame set forth in MCL 710.51(6). We affirm, but we urge the Legislature to revisit the statute in question…”
In Re Vrk (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 710.51(a) — 1 case
In Re Ltw Minor (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 710.51(b) — 1 case
In Re Njar Minor (Mich. Ct. App. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.