Michigan Compiled Laws

Mich. Comp. Laws § 710.56 (2026)

Order of adoption; time; waiver; extension of time; hearing; effect of filing petition for rehearing or appeal from order terminating parental rights; conditions; adoption of adult.

✓ current as of July 2026

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PROBATE CODE OF 1939

Act 288 of 1939

710.56 Order of adoption; time; waiver; extension of time; hearing; effect of filing petition for rehearing or appeal from order terminating parental rights; conditions; adoption of adult.

Sec. 56.

(1) Except as otherwise provided in this subsection, 6 months after formal placement under section 51 of this chapter, unless the court determines that circumstances have arisen that make adoption undesirable, the court may enter an order of adoption. Upon the motion of the petitioner, the court may waive the 6-month period, or any portion of that period, if the waiver is in the adoptee's best interests. If, after a hearing, the court finds that the adoptee's best interests will be served, it may extend the 6-month period for an additional period of time not exceeding 18 months from the time of formal placement for adoption. In an adoption proceeding for which an adoption order is not entered within 18 months after formal placement, the court shall hold a hearing and determine whether an order of adoption shall be entered or the petition denied. If a child is formally placed according to section 41(2) of this chapter, the court may extend the 6-month period for an additional period, that may exceed 18 months from the time of formal placement, until an order for adoption may be entered under subsection (2). For an adoptee who is less than 1 year old at the time of filing, 3 months after formal placement under section 51 of this chapter, unless the court determines that circumstances have arisen that make adoption undesirable, the court may enter an order of adoption. Upon the motion of the petitioner, the court may waive the 3-month period, or any portion of that period, if the waiver is in the adoptee's best interests.

(2) Except as provided in subsection (3), if a petition for rehearing or an appeal as of right from an order terminating parental rights has been filed, the court shall not order an adoption until 1 of the following occurs:

(a) The petition for rehearing is granted, and at the rehearing the order terminating parental rights is not modified or set aside, and subsequently the period for appeal as of right to the court of appeals has expired without an appeal being filed.

(b) The petition for rehearing is denied and the period for appeal as of right to the court of appeals has expired without an appeal being filed.

(3) If an application for leave to appeal has been filed with the supreme court, the court shall not order an adoption until 1 or more of the following occurs:

(a) The application for leave to appeal is denied.

(b) The supreme court affirms the order terminating parental rights.

(4) If a motion brought under section 45 of this chapter has been filed, the court shall not order an adoption until 1 of the following occurs:

(a) The motion is decided and subsequently the period for appeal as of right to the court of appeals has expired without an appeal being filed.

(b) The motion is decided, an appeal as of right to the court of appeals has been filed, the court of appeals issues an opinion, and subsequently the period for filing an application for leave to the supreme court has expired without an application being filed.

(c) The supreme court denies an application for leave or, if an application is granted, the supreme court issues an opinion.

(5) If the person to be adopted is an adult, the court may enter an order of adoption after all of the following occur:

(a) The person to be adopted consents to the adoption according to section 43(3) of this chapter.

(b) The written report of investigation required by section 46(2) of this chapter is filed.

History: Add. 1974, Act 296, Eff. Jan. 1, 1975 ;-- Am. 1980, Act 288, Eff. Oct. 17, 1980 ;-- Am. 1982, Act 72, Imd. Eff. Apr. 14, 1982 ;-- Am. 1992, Act 247, Imd. Eff. Nov. 19, 1992 ;-- Am. 1994, Act 240, Eff. July 5, 1994 ;-- Am. 2004, Act 487, Imd. Eff. Dec. 28, 2004 ;-- Am. 2014, Act 118, Eff. Oct. 12, 2014 ;-- Am. 2016, Act 325, Eff. Feb. 20, 2017

PopularName Notes:

Probate Code

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1976–2026 · leading case: In Re Jk, 661 N.W.2d 216 (Mich. 2003).

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In Re Jk, 661 N.W.2d 216 (Mich. 2003). · cites it 2× “MCL 710.56(2). 24 While the statute refers to affirmance by the Court of Appeals, it must be read in conjunction with MCR 7.”

In re KMN, 870 N.W.2d 75 (Mich. Ct. App. 2015). · cites it 2× “MCL 710.56. On the same day, in Case No. 14-000814-AF, the relatives whom KMN had lived with before the June 4 hearing filed a petition for adoption.”

In Re Seitz, 495 N.W.2d 559 (Mich. 1993). · cites it 2× “Had the SCAO, from all of the circumstances of respondents failures to move the cases and to respond to SCAO letters, simply made an assignment of a visiting judge, that certainly would have been justified.”

In re AJR, 852 N.W.2d 760 (Mich. 2014). “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 [MCL 710.56], [Emphasis added.] Thus, in order for a petitioning stepparent to adopt…”

Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). · cites it 2× “906[C]). [3] This is an average of $10.50 per week, although, in his brief in propria persona in the Court of Appeals, Mr.”

In Re Weldon, 244 N.W.2d 827 (Mich. 1976). “[20] Judge Pratt's opinion reads in part: "Perhaps the most striking example of this deprivation is the failure to ascertain, or attempt to ascertain, from the plaintiff Dahlari at any time whether she understood the nature of the proceedings and the possible consequences.”

Roberto F. v. Dep't of Child Saf., 332 P.3d 614 (Ariz. Ct. App. 2014). · cites it 2× “Although in that case there was a statutory provision specifically prohibiting the granting of an adoption during the pendency of a termination appeal, Mich. Comp. Laws § 710.56 (2), the Michigan Supreme Court also found the basic structure of the judicial system made such a…”

In Re Kyung Won Kim, 249 N.W.2d 305 (Mich. Ct. App. 1976). “” MCLA 710.56; MSA 27.3178(555.56). Appellate review is not de novo but rather is limited to the question of whether or not the trial judge abused his discretion.”

In Re Schang, 663 N.W.2d 476 (Mich. 2003). · cites it 7× “§ 710.56, provides detailed time limits on when an adoption may take place.”

Doe v. Monroe Cnty. Prob. Judge, 244 N.W.2d 827 (Mich. 1976). “Judge Barnard also said that the child was no longer a ward of the Juvenile Division since a petition to adopt her had been filed; she was a ward of the Probate Division.”

in Re Williams Minors (Mich. Ct. App. 2017). · cites it 2× “22(g), and circumstances arose that made the adoption undesirable, MCL 710.56. We agree that the court had the authority to deny the petition for adoption on the basis that the adoption was undesirable.”

in Re Kmn Minor (Mich. Ct. App. 2015). · cites it 2× “MCL 710.56. On the same day, in lower court docket number 14-000814-AF, Kelly Rose Levandoski, KMN’s cousin, and Steven Michael Levandoski, filed a petition for adoption.”

Show all 17 citing cases →

— Mich. Comp. Laws § 710.56(1) — 1 case

in Re Williams Minors (Mich. Ct. App. 2017). “22(g), and circumstances arose that made the adoption undesirable, MCL 710.56. We agree that the court had the authority to deny the petition for adoption on the basis that the adoption was undesirable.”

— Mich. Comp. Laws § 710.56(2) — 3 cases

In Re Jk, 661 N.W.2d 216 (Mich. 2003). “MCL 710.56(2). 24 While the statute refers to affirmance by the Court of Appeals, it must be read in conjunction with MCR 7.”

Bates v. Sanchez, 375 N.W.2d 353 (Mich. 1985). “906[C]). [3] This is an average of $10.50 per week, although, in his brief in propria persona in the Court of Appeals, Mr.”

In Re Schang, 663 N.W.2d 476 (Mich. 2003). “§ 710.56, provides detailed time limits on when an adoption may take place.”

— Mich. Comp. Laws § 710.56(2)(c) — 1 case

In Re Schang, 663 N.W.2d 476 (Mich. 2003). “§ 710.56, provides detailed time limits on when an adoption may take place.”

— Mich. Comp. Laws § 710.56(3) — 2 cases

in Re beeler/hall Minors (Mich. 2015).

— Mich. Comp. Laws § 710.56(6) — 1 case

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

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