Understanding the legalities involved in something as life-changing as adoption, is crucial for everyone involved.

As a national adoption agency, we ensure your adoption is legally sound, compassionately guided and completed successfully, following all Michigan state laws.

We offer personal support for birth parents and adoptive families alike—and connect you with experienced, local attorneys through our trusted professional network.

Make your adoption journey as seamless as possible—reach out today to work with a licensed team that knows Michigan law and will put your family first.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. In Michigan, you have the legal right to voluntarily place your child for adoption if you believe it's the best option for your baby’s future. This decision is protected under Michigan’s adoption code and does not require the involvement of both birth parents at the start of the process.

You can work with a licensed child placing agency or adoption attorney to create a plan that reflects your preferences—such as choosing the adoptive family and deciding whether you’d like an open or closed adoption.

Ultimately, a Michigan family court will review your decision to ensure the adoption is in the best interests of the child.

Michigan Law: MCL 710.21a

When can I give my baby up for adoption?

You can begin making an adoption plan at any time during your pregnancy, but you cannot legally sign your consent to adoption until at least 72 hours after giving birth.

This waiting period is mandatory under  and is designed to ensure that your decision is made with clarity and certainty after childbirth. Once that time has passed, you may sign the consent in the presence of a judge or adoption worker, depending on whether the adoption is through an agency or independent.

Michigan Law: MCL 710.28(1)(a)

Can I get my baby back after adoption?

No. After your consent to adoption has been signed and approved by the court, it becomes legally binding and irrevocable. Only  in cases where you can prove fraud, coercion, or duress.

Michigan courts are very cautious when accepting a birth parent’s consent to ensure it was made voluntarily and with full understanding of the legal consequences. If consent is challenged, it is up to the petitioner to demonstrate that the process was unfair or deceptive, which is rare and difficult to prove.

Michigan Law: MCL 710.29(8)

Can you do adoption without the father’s consent?

Yes, in certain cases.

If the biological father has not established legal paternity by court order or acknowledgment, has failed to provide emotional or financial support, or has not registered with the Michigan Putative Father Registry within the statutory window, the court may terminate his rights and allow the adoption to proceed without his consent

Michigan Laws: MCL 710.31, MCL 710.33

Do both birth parents have to sign adoption papers in Michigan?

Generally, both legal parents must consent to the adoption. However, when one parent’s rights have already been terminated by the court, or if a parent cannot be found despite a diligent search and notice procedures, the court may waive the requirement for that parent’s consent.

The court’s priority is to ensure that the child’s placement is secure and that all legal requirements for terminating parental rights are satisfied.

Michigan Law: MCL 710.28

Can I get paid for adoption?

You cannot be paid to place your baby for adoption, but Michigan law permits adoptive families to cover reasonable and necessary expenses related to your pregnancy and adoption plan.

This can include rent, utilities, food, transportation, maternity clothing, medical bills, and legal services. These payments must be documented and reviewed by the court to ensure transparency and to avoid any coercion, since direct payment for the adoption itself is illegal.

Michigan Law: MCL 710.54

Can you choose who adopts your baby?

Absolutely. When you work with an adoption, you have the right to be actively involved in selecting the adoptive family. You can choose to meet the family in person, have ongoing contact, or remain anonymous depending on your preferences and comfort level.

Michigan Law: MCL 710.23b(2)

Can people from different  state adopt my baby?

Yes. Out-of-state adoptive families may adopt a Michigan-born child if they meet the legal requirements of both Michigan and their home state.

These placements must be processed through the Interstate Compact on the Placement of Children (ICPC), which ensures that both states approve the match and that the family meets all necessary qualifications before the adoption can be finalized.

Michigan Law: MCL 712.21

Can I give my baby up for adoption without an agency?

Yes. Independent adoptions—facilitated through an attorney rather than a licensed agency—are legal in Michigan. However, they still require strict adherence to state law, including pre-placement evaluations, background checks for adoptive parents, and court oversight of all consents and expenses. Many birth mothers prefer to work with agencies because of the added support services, but you have the choice.

You cannot give up a baby on your own, without any legal assistance.

Michigan Laws: MCL 710.24a, MCL 710.26

Can my spouse adopt my child?

Yes. If your current spouse wishes to adopt your child and the child’s other legal parent consents (or if their rights have been terminated), the court may approve the stepparent adoption.

In these cases, home studies are often waived, and the legal process is more streamlined than other types of adoption.

Michigan Laws: MCL 710.51(6), MCL 710.43

Can my family adopt my baby?

Yes. Relative placements—including grandparents, siblings, aunts, and uncles—are given priority in Michigan, especially when they can provide a safe and stable environment. These adoptions may proceed more quickly than non-relative placements and sometimes do not require a full home study.

Michigan Laws: MCL 710.22(g), MCL 710.27a

Can you anonymously put a baby up for adoption?

Yes. Michigan’s Safe Delivery of Newborns Law allows you to legally and anonymously surrender your newborn—up to 72 hours old—at a hospital, fire station, or police station.

You will not face criminal prosecution, and the child will be placed for adoption through a licensed agency. This option is designed for parents in crisis who need a safe and confidential solution. Keep in mind, when you choose adoption for your baby,  you can share as little personal information as you'd like with the adoptive family. Your adoption legal documents are sealed and confidential.

Michigan Law: MCL 712.3

Can I have contact with my child after the adoption?

Yes, if both you and the adoptive family agree. Michigan allows for informal Post-Adoption Contact Agreements (PACAs), which can include letters, pictures, or even visits. However, unlike in some other states, these agreements are not legally enforceable in Michigan—they rely on the good faith of everyone involved.

How does tribal adoption work for Native American children?

If your child is a member of a federally recognized tribe or eligible for membership, the Indian Child Welfare Act (ICWA) applies. This federal law requires that the tribe be notified of the adoption and given the opportunity to intervene. Priority is also given to placements with extended family, tribal members, or other Native American families.

View law: Indian Child Welfare Act

What rights do biological parents  have after adoption?

Once your parental rights are terminated and the adoption is finalized, you are no longer the child’s legal parent. This includes:

·         No right to custody or visitation

·         No responsibility for child support

·         No decision-making authority

Any ongoing relationship must be established through voluntary, informal agreements made before the adoption is complete.

Michigan Laws: MCL 710.29, MCL 710.27(5)

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Michigan?

No. Michigan law allows single adults and married couples to adopt. The court’s primary consideration is whether the petitioner is a fit, suitable, and financially able adult who can provide a stable and loving home for the child.

Michigan does not impose restrictions based on marital status or sexual orientation, and courts assess each adoption case individually to determine what is in the best interest of the child.

Michigan Law: MCL 710.22(f)

How old do you have to be to adopt?

There is no specific minimum age for adoption listed in Michigan’s statutes. However, adoption agencies typically require prospective adoptive parents to be at least 21 years old. Ultimately, the court will evaluate each petitioner’s maturity, stability, and capacity to meet a child’s physical, emotional, and financial needs.

Do you need a home study for a private adoption in Michigan?

Yes. Michigan law mandates that all prospective adoptive parents complete a preplacement assessment, commonly called a home study, unless they are adopting a relative or stepchild and qualify for a waiver. This assessment includes:

• Background checks
• Home visits
• Reference letters
• Interviews and more

The goal of the home study is to ensure the adoptive family is prepared and capable of parenting. The report must be submitted to the court before the adoption is finalized.

Michigan Law: MCL 710.23f

Can you adopt without an agency?

Yes. Independent (non-agency) adoptions are permitted in Michigan. These are usually arranged through attorneys and are subject to the same legal requirements as agency adoptions. You must still complete a home study, background checks, and file the necessary paperwork with the court.

Independent adoptions may involve direct communication between the birth and adoptive parents, but Michigan law prohibits unlicensed individuals from advertising or soliciting placements.

Michigan Law: MCL 710.24a

What are the steps to adopt a baby in Michigan?

1.      Complete a home study with a licensed agency

2.      Undergo background checks (state and FBI)

3.      Complete 25 hours of preadoption training (including 6 hours live)

4.      Have your home licensed as a foster home if adopting independently

5.      File an adoption petition and attend court hearings

Michigan Law: MCL 710.43–710.56

Can you adopt a child from another state?

Yes. Michigan allows out-of-state families to adopt a child born in Michigan, provided that the adoption complies with the Interstate Compact on the Placement of Children (ICPC). Both Michigan and the adoptive family’s home state must approve the placement, and both states' laws must be followed. Your agency or attorney will help coordinate this multi-state process.

Michigan Law: MCL 712.21

Can we advertise for a birth mother?

No. Michigan law prohibits individuals from advertising for or soliciting potential birth parents. Only licensed child placing agencies and attorneys may advertise or assist with matching adoptive families and birth parents. This restriction helps prevent coercive or predatory practices in private adoption.

Michigan Law: MCL 710.54

Can a birth father stop an adoption?

Yes, if he has established his legal rights and objects to the adoption. If the father has taken timely steps to acknowledge paternity, support the child, or register with the Putative Father Registry, the court must consider his objection. If he fails to act, the court may proceed with terminating his parental rights.

Michigan Law: MCL 710.31

What if the birth parents don’t sign adoption papers?

When a birth parent refuses to consent, the court can consider a petition for involuntary termination of parental rights. To proceed, the adoptive family must prove legal grounds such as abandonment, unfitness, or long-term failure to provide care or support.

The court will conduct a hearing and weigh the evidence before making a decision.

Michigan Law: MCL 710.51(6)

When is adoption finalized in Michigan?

Adoptions are generally finalized after a minimum of six months from the date of placement, although the court may reduce this period in some cases. During this time, the family must complete post-placement supervision to confirm the child’s well-being. Finalization occurs in a court hearing where the judge signs the final order of adoption.

Michigan Law: MCL 710.56

Will adoptive parents be listed on the birth certificate?

Yes. After finalization, the court will order the issuance of a new Michigan birth certificate listing the adoptive parents as the child’s legal parents. The original birth certificate will be sealed and maintained by the state.

Michigan Law: MCL 333.2831

What rights do adoptive parents have?

Once the adoption is finalized, adoptive parents gain full and permanent parental rights and responsibilities. This includes legal custody, decision-making authority, inheritance rights, and all other rights equivalent to those of biological parents. The legal bond is lifelong and irrevocable unless otherwise terminated by court order.

Michigan Law: MCL 710.60

For Adoptees

If your adoption was done through our agency, we can offer emotional support, help with reunion efforts and navigating your adoption records.

If your adoption was done through a different professional and  you want to explore your adoptee rights and  resources, check out this page.

What’s Next?

Whether you're placing a child for adoption or growing your family, navigating Michigan’s  adoption laws can feel overwhelming—but you don’t have to do it alone. With the right support, the process can be smooth and expertly guided.

Contact our adoption specialists today to get personalized guidance backed by experience and local expertise.

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