Adoption Associates, Inc: Domestic Infant and International Adoption Agency

In most counties the adoption petitions are filed via mail. Some counties require a finalization hearing. Our legal department will take care of all of the necessary legal work and will notify you if you must attend.

Many counties take from four to six weeks, sometimes longer. However, when a child is placed into host care in that county, a hearing date can then be scheduled as soon as seven days after birth. Occasional circumstances due to birth father issues or birth mother health concerns can also add to the wait time.

This is not allowed by the courts.

Most insurance carriers will only require a copy of the order placing the child after the release or consent. This is a document signed by the judge after the petition for adoption has been filed with the court.

No. Once the petition for adoption has been filed with the court, nothing will require a signature until after the six month supervision period has ended.

In most counties, a finalization hearing is not required. In the case where it is, the family is required to attend, usually with their caseworker.

After the six month supervisory period, the necessary paperwork to finalize the adoption is sent to the court and the judge then signs the final order of adoption. It is usually sent to the adoptive family approximately seven to eight months after the order placing is signed and dated.

The adoptive family is encouraged to contact their home study caseworker with any questions they have, including those regarding legal issues. If she is unable to answer a legal question, she will promptly contact the legal coordinator and respond with an answer as soon as possible.

If a birth mother is married at the time of the conception and/or birth of the baby, the woman’s husband is the child’s legal father. Michigan law requires a legal father to sign a release or a consent to the adoption in court after the birth of the baby, just like a birth mother must do, for the adoption to proceed. If the legal father is not willing to cooperate, an adoption cannot go on as planned.

In the instance where the legal father is NOT the biological father and is NOT willing to cooperate, the agency may obtain an attorney to file a petition for a hearing to determine that the child was born out of wedlock. Guided by the assistance of an attorney, this process requires two court hearings that must occur prior to the hearing for the birth mother to release her parental rights.

A putative father who provides substantial financial support to the birth mother or the baby during the pregnancy or after the birth also has a special status in the court. Although he is not required to be present at court and sign a release like a legal father, if he is not in agreement with the adoption, he can come to court to ask for custody, thereby preventing the birth mother from proceeding with her adoption plan.

The birth mother’s caseworker will prepare her for court and will take her to the release hearing. The purpose of the release hearing is to terminate the parental rights of both the birth mother and the birth father. The hearing will take place in front of a judge or referee.

First, the judge or referee will explain the birth mother’s parental rights to her and make sure that she comprehends them. The judge or referee will ensure that the birth mother’s release is voluntary by asking her numerous questions to ensure that she is not being forced or coerced into following through with her adoption plan. The judge or referee will also verify that she has had enough time to make her decision. Finally, the judge or referee will ask the birth mother additional questions to make sure that she understands that her decision is permanent and that the 21-day appeal period that follows the hearing is not a time frame for her to change her mind.

Then, the judge or referee will ask the birth mother questions about the identity of the birth father. His rights will also be terminated on this day by the fact that he is present and agrees with the adoption, he has signed a Notice to Putative Father and Custody Statement indicating that he is in support of the adoption, he has been served proper notice of the hearing and has not appeared, or he cannot be identified or located.

In any adoption, rights of the birth father must be terminated, even if he is unknown. If the birth mother cannot identify him, the caseworker will speak with her several times to make sure that we have all the information she can provide, or to see if there is anything additional that can be done to identify and locate him. If he truly cannot be identified, the birth mother will testify in court at her release hearing about the circumstances surrounding her pregnancy and why the birth father cannot be identified. She will be testifying under oath, and she will be advised of the importance of telling the truth. The judge or referee will ask her follow-up questions as necessary. If the judge or referee accepts her testimony, he or she will terminate the rights of the unknown father so that the adoption can proceed.

The agency will discuss the importance of locating a birth father with the birth mother and obtain all possible information as soon as possible. Sometimes the agency is able to locate a birth father on its own, but at other times, the agency enlists the services of a private investigator to find him. We make every attempt to locate the birth father to assure the court that there is nothing further that can be done and to protect the child’s placement in your home.

A part of Michigan law, the 21-day appeal period means that after termination of parental rights, a birth mother has 21 days to request a hearing in the court that terminated her parental rights and ask that they be reinstated OR to file an appeal with the Michigan Court of Appeals. The most important thing for you to remember is that the courts do NOT treat this appeal period as simply a time for the birth mother to change her mind. In fact, when birth parents go to court, they are specifically told not to sign the release that day if they have any questions about their decision. The court also makes sure that birth parents understand that the appeal period is only meant to be used if there is a failing in the legal process that terminates their rights. Although it is part of adoption law, there is very, very little risk that parental rights will be reinstated after the termination hearing. Adoption Associates, Inc. has never had a reversal during the appeal period. 

The caseworker and supervisor review each case carefully to determine the best county in which to complete the legal work. Having the hearing in a timely manner is in the best interest of everyone involved. Some counties are busier than others, and some have a process that takes more time to schedule the hearing. By looking at the specific circumstances of the birth parents’ situation and the process that will be required in each location, we usually choose to use the county that can provide the opportunity for the quickest hearing. After you are linked with a birth mother, you will have a meeting with the supervisor in the office where your home study was completed. At this meeting, the supervisor will explain the decisions that have been made for the legal process in your case. 

No. While it is always preferable to have an involved and supportive birth father, the reality is that those cases are rare. In the majority of cases, the birth father does not want to be involved at all. It is rare for a birth father to be so strongly against the adoption that he will try to stop the placement from happening. Even then, this is a challenging process for him. First, he must appear at the scheduled court hearing on the matter and declare his desire for custody of the child. It is not enough for him to state that he opposes the adoption but does not want custody, or for him to state that he would like his parents, sister, etc. to have the child. He must be asking for custody himself. The next step involves a “contested hearing” where a judge will hear testimony about the birth father and his lifestyle, his ability to care for a child, and his ability to provide for a child. Ultimately, the judge will make a determination about what is best for the child. If the birth father has a criminal record, does not have stable employment, or does not live a lifestyle conducive to parenting, it is most likely that his rights will be terminated and the adoption will be allowed to proceed. Cases that go as far as a contested hearing are unusual, but Adoption Associates, Inc. does have experience handling these situations and uses attorneys very familiar with the adoption code when it does become necessary to defend the best interests of a child. There is one exception to this: If a birth mother is married at any time during her pregnancy or at the time of delivery, her husband (whether or not he is the biological father) is considered the legal father of the child and afforded the same rights as the mother. Therefore, the husband must agree to release his rights in court along with the birth mother in order for the adoption to proceed.

After the baby is born, a court hearing is scheduled at which a birth mother voluntarily releases her parental rights. She may change her mind about the adoption at any time prior to signing the release paperwork during that court hearing, but, once she signs, her rights are terminated and there is no “change your mind” period. Michigan does provide for a 21 day appeal period following the release, but it is made very clear to the birth mother both before and during her court hearing that she may not use that time to rethink her decision. The appeal period exists to protect against things like fraud, coercion, or legal technicalities.

If the baby is placed in host care, he or she may go home once Adoption Associates, Inc. receives a copy of the Order Placing signed by the judge. After the birth parent’s rights are terminated, the judge signs an Order Placing legal document within three to 14 days. When Adoption Associates, Inc. receives a copy of the Order Placing, the baby is placed in the adoptive home.