A stepparent adoption can take place after a child’s biological parent gets married to a person other than the child’s other biological parent. The new spouse may then petition the court to adopt the child, but the adoption cannot take place until the biological parent’s rights have been terminated. The biological parent must consent to the termination of parental rights or the new spouse must petition to have parental rights involuntarily terminated, which is not always easy and may be impossible if the biological / legal father has a parent / child relationship.
Under Michigan law, to obtain an involuntary termination of the biological parent’s parental rights, both of the following must occur:
- 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.
- 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. MCL 710.51(6).
Our Ann Arbor Attorneys for Stepparent Adoptions
Musser Love, P.C. in Ann Arbor, Michigan is ready to discuss your legal issue, please call one of our skilled attorneys at (734) 677-0776 or contact Musser Love online or via e-mail.