Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712 / Act 288 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 712.17 (2026)

Release or termination of parental rights to newborn.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


712.17 Release or termination of parental rights to newborn.

Sec. 17.

    (1) A parent who surrenders a newborn under section 3 of this chapter and who does not file a custody action under section 10 of this chapter is presumed to have knowingly released his or her parental rights to the newborn.

    (2) If the surrendering parent has not filed a petition for custody of the newborn within 28 days of the surrender, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the release shall be accepted and whether the court shall enter an order terminating the rights of the surrendering parent.

    (3) If the nonsurrendering parent has not filed a petition for custody of the newborn within 28 days of notice of surrender of a newborn under section 10 of this chapter, the child placing agency with authority to place the newborn shall immediately file a petition with the court to determine whether the court shall enter an order terminating the rights of the nonsurrendering parent.

    (4) The court shall schedule a hearing on the petition from the child placing agency within 14 days of receipt of that petition. At the hearing, the child placing agency shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.

    (5) If the court finds by a preponderance of the evidence that the surrendering parent has knowingly released his or her rights to the child and that reasonable efforts were made to locate the nonsurrendering parent and a custody action has not been filed, the court shall enter an order terminating parental rights of the surrendering parent and the nonsurrendering parent under this chapter.

History: Add. 2000 Act 232, Eff. Jan. 1, 2001 ;-- Am. 2006, Act 488, Eff. Jan. 1, 2007 ;-- Am. 2010, Act 348, Imd. Eff. Dec. 22, 2010

Compiler's Notes:

    Enacting section 1 of Act 232 of 2000 provides:

    “Enacting section 1. Section 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, as amended by this amendatory act, and chapter XII of the probate code of 1939, 1939 PA 288, as added by this amendatory act, do not apply to a proceeding that arises before the effective date of this amendatory act.”

PopularName Notes:

Baby Abandonment

PopularName Notes:

Baby Drop Off
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2018–2022 · leading case: In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018).
Sort: Relevance Newest Treatment
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). · cites it 6× “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). · cites it 12× “MCL 712.17(2) and (3). The agency “shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.”
in Re Miller Minors (Mich. Ct. App. 2018). · cites it 6× “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). · cites it 6× “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “11(2), MCL 712.17(3). Although not expressly stated in so many words, it is readily apparent that the Legislature intended that a custody petition under the SDNL must be specifically brought under the SDNL.”
P in Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022). “); MCL 712.17(5) (termination of parental rights under the Safe Delivery of Newborns Law, MCL 712.”
— Mich. Comp. Laws § 712.17(2) — 4 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “MCL 712.17(2) and (3). The agency “shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.”
— Mich. Comp. Laws § 712.17(3) — 5 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “MCL 712.17(2) and (3). The agency “shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “11(2), MCL 712.17(3). Although not expressly stated in so many words, it is readily apparent that the Legislature intended that a custody petition under the SDNL must be specifically brought under the SDNL.”
— Mich. Comp. Laws § 712.17(4) — 4 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “MCL 712.17(2) and (3). The agency “shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
— Mich. Comp. Laws § 712.17(5) — 5 cases
In re Minors, 912 N.W.2d 872 (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Baby Boy Doe (Mich. Ct. App. 2021). “MCL 712.17(2) and (3). The agency “shall present evidence that demonstrates that the surrendering parent released the newborn and that demonstrates the efforts made by the child placing agency to identify, locate, and provide notice to the nonsurrendering parent.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
in Re Miller Minors (Mich. Ct. App. 2018). “10(1), and MCL 712.17, and requires a party claiming paternity to submit to DNA testing, MCL 712.”
P in Re Guardianship of Aurora Beverly Ann Hoggett (Mich. Ct. App. 2022). “); MCL 712.17(5) (termination of parental rights under the Safe Delivery of Newborns Law, MCL 712.”
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