Stepparent Adoption (Petitioner) - Contested Case

Note: These instructions are general instructions for use in any Michigan county. Some steps will vary from county to county. Many courts have adoption departments with their own requirements. Contact the Circuit Court Clerk’s office in the county where you will be filing to find out if there is an adoption department. If so, talk to someone in that department before starting this process. In some courts, you will need to schedule an appointment with a caseworker before filing your initial papers or right after filing.

Use the Do-It-Yourself Stepparent Adoption tool to prepare the forms you need. You will not file all of these forms at the beginning of your case; some you will file later.

Gather the following forms and documents to start the adoption case:

• Petition for Stepparent Adoption
• Supplemental Petition and Affidavit to Terminate Parental Rights (Stepparent Adoption)
• Petitioner’s Verified Accounting
• Adoption Report (required to establish new Michigan birth record)
• Certified copy of the child’s birth certificate

Other required documents vary by county. For a complete list, check with a clerk in the office where adoption petitions are filed. Depending on your county, this should be either the Circuit Court clerk’s office or the Probate Office. You might need any or all of the following:

• Certified copy of birth certificate for birth parents and/or yourself
• Certified copy of your marriage certificate
• Certified or true copies of all divorce decrees for birth parents
• Certified copy of birth parent’s death certificate
• Certified or true copy of Affidavit of Parentage or Order of Filiation
• Certified or true copy of any support order for the child
• Certified copies of guardianship orders, name change orders, prior adoption orders, or other order affecting a birth parent, stepparent, or adoptee
• Certified copy of child support history from county through which support should have been paid
• County-specific forms, such as a “face sheet” or questionnaire

It will cost you at least $175 to file your petition. Extra fees vary by county. Contact your court to find out about any extra fees.

If you are unable to pay the filing fee, you can ask the court to waive it. Your case will not start until you pay the filing fee or your Fee Waiver Request is approved.

The clerk of the court must automatically approve your fee waiver if any of these are true:

• You receive public assistance based on having low income (examples: FAP, SNAP, Healthy Michigan, CHIP, ESO, FIP, TANF, WIC, SSI);
• You are represented by a legal services program that receives funding from the Legal Services Corporation or the Michigan State Bar Foundation; or
• You are represented by a law school clinic based on having low income.

If you do not fit into one of these three categories, a judge will review your Fee Waiver Request. The judge must waive your fees if you show that your gross household income is under 125% of the federal poverty level. If your gross household income is over 125% of the federal poverty level, but you show that paying fees would be a financial hardship for you, the judge must also waive your fees.

You can use the Do-It-Yourself Fee Waiver to prepare a Fee Waiver Request.

The fee for a new birth certificate cannot be waived. It will cost $50 for a new Michigan birth certificate and $16 for each extra copy ordered at the same time. Fees for out of state birth certificates vary by state. 

Fill out Petitioner's Verified Accounting. Carefully read the form and list any amounts paid or agreed to be paid in connection with the adoption. This includes the court fees that you will pay when you file the forms. If you are unsure about the filing fees, fill this part in when you file the forms so you can ask the clerk.

Attach all receipts to the Verified Accounting form.

You and your spouse must sign and date the Petition for Stepparent Adoption, Petitioner’s Verified Accounting, and the Adoption Report.

Your spouse must sign the Supplemental Petition in front of a court clerk or a notary public. You can find a notary at a bank. There may be a cost to sign the form in front of a notary public. There is no cost to sign the form in front of a court clerk. 

After you sign your documents, make two copies of the Petition for Stepparent Adoption and two copies of the Supplemental Petition.

In some counties the court clerk’s office will make copies for you. You can call the clerk’s office ahead of time to ask whether you need to make your own copies.

The original of each document gets filed with the court. Copies of the documents are for you and your stepchild’s other parent.

You will need an extra copy of the documents for any of these situations:

• If your stepchild is older than 14,
• If your stepchild is a member of an Indian tribe, OR
• If your stepchild qualifies for membership in an Indian tribe

File your forms with the circuit court in the county where you live or where the child lives. This should be the county listed in the top left corner of the forms you prepared using the Do-It-Yourself Stepparent Adoption tool. Click on Courts & Agencies for the address and phone number of the court in your filing county.

Contact your Circuit Court Clerk’s Office to find out where adoption papers are filed. Depending on the county, you might file your forms with the Circuit Court Clerk’s Office or with the Probate Office.

Pay the filing fee or file a Fee Waiver Request along with the following documents:

• Petition for Stepparent Adoption
• Supplemental Petition and Affidavit to Terminate Parental Rights (Stepparent Adoption)
• Petitioner’s Verified Accounting
• Adoption Report
• Certified copy of the child’s birth certificate
• Any other documents required for filing in your county

Give the clerk the originals and the copies. The clerk will assign a case number and a judge to your case. The clerk will return copies of all the papers that the court doesn’t need.

If the other parent does not agree to the adoption, you and your spouse must request a termination hearing. The termination hearing is where the judge will decide whether or not to terminate the other parent’s parental rights.

When you are at the court filing your papers, ask the clerk if you can get a hearing date for the termination hearing or if the court will schedule the hearing for you and send notice.  If the court will take care of scheduling and notice, you can skip this step.

If you are responsible for giving notice, fill out the Notice of Hearing—Termination of Parental Rights form using the information the clerk gives you. Include the date, time, location of the hearing (including the courtroom or hearing room number), and the name of the judge or referee. Write in the date above your name in the middle of the form.

Make one copy of the Notice of Hearing. File the original and keep the copy to serve on the other parent. If your stepchild is older than 14, make another copy of the Notice of Hearing to serve on your stepchild. If your stepchild is a member of an Indian tribe or qualifies for membership, make another copy to serve on the tribe.

If you must send notice of the hearing to a different court (see Step 11), be aware that you must do so at least 21 days before the date set for hearing.

Some courts may serve your papers for you. Ask if you are responsible for service before completing this step.

Have the other parent served with a copy of the Petition for Stepparent Adoption, the Supplemental Petition, and the Notice of Hearing.* If you filed a Fee Waiver Request, also have them served with that form and the decision on your request.

You can serve the papers yourself, or you can ask another adult to serve them for you. Service can be done in person or by mail. You can serve the other parent by personally handing him or her the papers. If you mail the papers, send them by registered or certified mail, request a return receipt, and restrict delivery to the person.

If you personally serve the papers, you must do so at least 7 days before the date set for the hearing. If you serve the papers by mail, you must send them at least 14 days before the hearing date.

*If you are unable to get a hearing date until after you serve the Petition and Supplemental Petition, then you will need to serve the Notice of Hearing separately and file another Proof of Service showing you served the Notice.

Complete this step if any of the following are true:

• Your stepchild is older than 14,
• Your stepchild is a member of an Indian tribe, OR
• Your stepchild qualifies for membership in an Indian tribe

Child Older than 14:

If your stepchild is older than 14, you must give your stepchild one copy of each form (Petition for Stepparent Adoption, Supplemental Petition, and Notice of Hearing). You can hand the papers to your stepchild.

Indian tribe:

If your stepchild is a member of an Indian tribe or qualifies for membership, you must serve the tribe with a copy of the Petition for Stepparent Adoption, Supplemental Petition, and the Notice of Hearing. You must also send the Notice of Adoption Proceedings Concerning an Indian Child.

On the Notice of Adoption Proceedings form, fill in the name, address, and phone number of the tribal chairperson of the tribe your stepchild belongs to or qualifies for membership in. You can find the address and other contact information for the Indian tribe using the Tribal Directory on the Bureau of Indian Affairs website. Make two copies.

File the original Notice of Adoption Proceedings Concerning an Indian Child with the clerk. Keep one copy for your records. Take the other copy of the Notice of Adoption Proceedings and attach a copy of the Petition for Stepparent Adoption, Supplemental Petition, and Notice of Hearing. To serve the tribe, mail the forms by registered mail with return receipt requested and delivery restricted to the addressee.

If the court is serving all papers for you, skip this step.

The type of Proof of Service form you got from the Do-It-Yourself Stepparent Adoption tool depends on whether your stepchild is a member of an Indian tribe, qualifies for membership, or whether your stepchild is older than 14. If none of the above is true, complete your Proof of Service as follows:

The Do-It-Yourself Stepparent Adoption tool prepared one Proof of Service form. Make two copies of this form before you fill it out. You may need them later.

Complete one Proof of Service form for the papers you served on the other parent. Fill in the date that you or someone else served the papers and where you mailed or served them. Check the boxes next to the documents that were served. Indicate whether the person was served by mail or in person by checking the correct box. Attach a copy of the return receipt if the person was served by mail.

Date and sign the completed Proof of Service and make a copy. File the original Proof of Service, and keep the copy for your records.

If someone else served the other parent for you, that person must complete and sign the Proof of Service instead. Either one of you can file it.

If your stepchild is a member of an Indian tribe or qualifies for membership, and/or your stepchild is older than 14, complete your Proof of Service as follows:

The Do-It-Yourself Stepparent Adoption prepared one Proof of Service form. Make five copies of this form before you fill it out. You may need them later.

Complete one Proof of Service form. Write in the names of the papers you served. Read the rest of the form carefully. It is possible that you served up to three people: the other parent, your stepchild, and a tribal chairperson. Note that the form is separated into two categories: service by mail and personal service. If you served someone by mail, write the name of the person under part 2 and fill in the complete address and date of service. Indicate whether you served the person by first-class mail, registered mail, or certified mail by checking the correct box. Attach a copy of all return receipts.

If the person was served personally, fill in the person’s name, address of service, and date and time of service under part 3.

Write the date, and sign and print your name on the correct lines. Make a copy of the completed form. File the original Proof of Service, and keep the copy for your records.

If someone else served the papers for you, that person must complete and sign the Proof of Service instead. Either one of you can file it.

Follow this step only if the Do-It-Yourself Stepparent Adoption prepared one or more Notice to Prior Court of Proceedings Affecting Minor(s) (form MC 28). You have this form if a court has prior continuing jurisdiction over your stepchild from a prior family court case. You must complete this form and mail it to the appropriate court.

Write in the date, time, and location of your scheduled hearing date under part 1a. Make two copies of the form. File the original with the court where you filed your Petition for Stepparent Adoption. Mail one copy to the court with the prior case—this should be the circuit court in the county typed into the form where it says “TO: County of _______”. You can find the mailing address for that court in Courts & Agencies.

Address the envelope to the attention of the official or entity marked on your form. For example, if the box is checked next to “Prosecuting attorney,” write “Attn: Prosecuting Attorney” above the court address.

You must send the notice by first-class mail at least 21 days before the date set for termination hearing.

On the remaining copy, fill out the Certificate of Service at the bottom of the form. Check the box beside “first-class mail,” and date and sign the form. Make a copy. File the form and keep the copy for your records.

The judge will order a court investigator to do an investigation and write a report. The judge may consider the report when deciding whether to allow the adoption. The investigator may schedule an appointment to talk to you, your spouse, and your stepchild to get information for the report.

The investigator has three months after being appointed to file the report, but it may take less time. Your first hearing date should take place within 14 days after the report is filed.

Below are brief instructions for attending your court hearing.  For more detailed instructions about going to court, watch the Going to Court video.

Go to the courtroom or hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell him or her your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the following forms that you got from the Do-It-Yourself Stepparent Adoption tool:

• Order Terminating Rights of Noncustodial Parent
• Advice of Rights After Order Terminating Parental Rights (or Advice of Rights After Order Terminating Parental Rights to Indian Child)
• Order Placing Child (Stepparent Adoption)

Give your forms to the judge if you are asked for them. In some courts, a clerk may prepare the forms, and your forms might not be used.

The judge will likely ask you questions about the things you wrote in your petition. Answer the judge’s questions clearly and directly. Be prepared to tell the judge why the other parent’s parental rights should be terminated. There are certain things you have to prove. Read the article I Want to Adopt My Stepchild for more information.

The other parent will also have a chance to speak, and the judge will ask him or her questions.

If the judge terminates the other parent’s parental rights, the judge will sign the Order Terminating Rights of Noncustodial Parent.  The other parent will be given the Advice of Rights After Order Terminating Parental Rights. Then the judge will sign the Order Placing Child.

If the judge does not terminate the other parent’s rights, you can’t proceed with the stepparent adoption.

Skip this step if the court does not require you to file the orders yourself. Find out if you are responsible for filing by asking the clerk in the courtroom or in the office where you filed your papers at the start of the case.

File any orders that the judge signed. These could include:

• Order Terminating Rights of Noncustodial Parent
• Order Placing Child (Stepparent Adoption)

Ask for one copy of the Order Placing Child for your own records and two copies of the termination order (one for your records and one to serve on the other parent).  You may have to pay a fee for the copies. If the other parent has a lawyer, get another copy of the termination order to send to the lawyer. If the other parent and his/her lawyer were given copies of the order at the hearing, you do not also have to give them copies.

If your stepchild is older than 14 or is a member of an Indian tribe (or qualifies for membership), get an additional copy of the termination order and the placement order. If your stepchild is older than 14 and is a member of an Indian tribe, get two extra copies of each order.

If the other parent was given a copy of the Order Terminating Rights of Noncustodial Parent and the Advice of Rights at the hearing, you do not have to serve him or her again. If you are not sure if the other parent was served, call the clerk’s office and ask if you are responsible for serving these papers on the other parent.

If the other parent was not served at the hearing, send a copy of the Order Terminating Rights of Noncustodial Parent and the Advice of Rights to the other parent by first-class mail within 7 days after the judge signs the order. If the other parent has a lawyer, you must also mail a copy of the order to the lawyer.

If your stepchild is older than 14, give him or her a copy of the termination order and placement order. If your stepchild is a member of an Indian tribe or qualifies for membership, send a copy of each order to the tribe by first-class mail.

Skip this step if the other parent was given a copy of the Order Terminating Rights of Noncustodial Parent and the Advice of Rights at the hearing by the judge or court staff.

Complete a new Proof of Service form for the order(s) you served. Refer to Step 10 for instructions on filling out the Proof of Service. Make a copy. File the Proof of Service and keep the copy for your records.

If your stepchild is 14 years old or older, he or she must sign a Consent to Adoption in front of a judge or referee. Find out if the court automatically schedules this hearing and sends notice—if it does, skip this step.

Make a copy of the Notice of Hearing form (PC 562) that you got from the Do-It-Yourself Stepparent Adoption tool. Save the copy for later.

Ask the clerk for a hearing date. Fill out a Notice of Hearing form using the information the clerk gives you. Include the date, time, location of the hearing (including the courtroom or hearing room number), and the name of the judge or referee who will hear the consent. Include the judge’s or referee’s bar number if you know it.

In the blank space below this information, under the words “state the nature of the hearing,” write:

Consent to Adoption by Adoptee

Make a copy of the completed Notice of Hearing. File the original and keep the copy to give to your stepchild. If your stepchild is a member of an Indian tribe or qualifies for membership, make another copy and mail it to the Indian tribe by registered mail with return receipt requested and delivery restricted to the addressee.

Fill out a new Proof of Service showing that you served the Notice of Hearing on your stepchild and the Indian tribe, if needed. Refer to Step 10 for instructions on filling out the Proof of Service. Make a copy. File the Proof of Service and keep the copy for your records.

Below are brief instructions for attending your court hearing.  For more detailed instructions about going to court, watch the Going to Court video.

Go to the courtroom or hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell him or her your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the Consent to Adoption by Adoptee form to the hearing. Give the form to the judge if asked for it. In some courts, a clerk may prepare the form, and your form might not be used.

If your court does not file the consent form for you, file it after the hearing. Ask for a copy for your records.

The court may set the date for the final adoption hearing on its own, or you may need to ask for a hearing date. This is the hearing where the judge signs the Order of Adoption. Under Michigan law, you must wait six months after the judge signs the Order Placing Child to have the final hearing.

You can file a motion asking the judge to waive the six month period or any portion of it. In order for the judge to grant this motion, you must show that it is in the child’s best interests to waive the waiting period. The Michigan Legal Help website cannot help you prepare this motion. You may want to consider talking to a lawyer if you want help doing this. Use the Guide to Legal Help to find lawyers and legal services in your area.

Complete this step only if your stepchild is older than 14 and/or if your stepchild is a member of an Indian tribe or qualifies for membership.

Skip this step if the court sends notice.

Ask the clerk for a hearing date for entry of the Order of Adoption. Fill out a Notice of Hearing form (PC 562) using the information the clerk gives you. Include the date, time, location of the hearing (including the courtroom or hearing room number), and the name of the judge or referee who will hear the consent. Include the judge’s or referee’s bar number if you know it.

In the blank space below this information, under the words “state the nature of the hearing,” write:

                Entry of Order of Adoption

Make a copy of the Notice of Hearing. Make two copies if your stepchild is older than 14 and is either a member of an Indian tribe or qualifies for membership. File the original and keep the copy or copies to serve. 

Complete this step only if your stepchild is older than 14 and/or if your stepchild is a member of an Indian tribe or qualifies for membership.

If your stepchild is older than 14, give him or her a copy of the Notice of Hearing. If your stepchild is a member of an Indian tribe or qualifies for membership, send a copy to the tribe by registered mail with return receipt requested and delivery restricted to the tribe.

Fill out a new Proof of Service showing that you served the Notice of Hearing on your stepchild and/or the Indian tribe. Refer to Step 10 for instructions on filling out the Proof of Service. Make a copy. File the Proof of Service and keep the copy for your records.

Complete the Supplement to Petitioner's Verified Accounting. Carefully read the form and check the box at the top to indicate whether any payments were made or agreed to be made after you filed Petitioner's Verified Accounting. List all amounts paid or agreed to be paid in connection with the adoption. This includes all amounts you listed on the Petitioner's Verified Accounting form. Attach all receipts to the Supplement to Petitioner's Verified Accounting.

Date and sign the form. Your spouse must also sign it. Make a copy. File the form and keep the copy for your records.

Complete this step at least 21 days before the final adoption hearing.

Below are brief instructions about attending your court hearing.  For more detailed instructions about going to court, watch the Going to Court video.

Go to the courtroom or hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Go to the clerk and tell him or her your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Bring the following forms with you:

• Order of Adoption
• Final Order Allowing Fees and Costs

Give your forms to the judge if you are asked for them. In some courts, a clerk may prepare the forms, and your forms might not be used.

The judge may ask you questions. Answer the judge’s questions clearly and directly.

If the judge signs the Order of Adoption and Final Order Allowing Fees and Costs, the judge will sign and complete the Adoption Report that you filed at the beginning of the case.

Skip this step if the court files the orders.

File the signed Order of Adoption and Final Order Allowing Fees and Costs.

Ask for one copy of each order for your records. Ask for an extra copy of the Order of Adoption if your stepchild is older than 14, and another copy if he or she is a member of an Indian tribe or qualifies for membership. You may have to pay a fee for copies.

If your stepchild is older than 14, give him or her a copy of the Order of Adoption. If your stepchild is a member of an Indian tribe or qualifies for membership, send the tribe a copy of the Order of Adoption by first-class mail.

Fill out a new Proof of Service showing that you served the order on your stepchild and/or the Indian tribe. Refer to Step 10 for instructions on filling out the Proof of Service. Make a copy. File the Proof of Service and keep the copy for your records.

If your court assigned you a caseworker, check with him or her to make sure you have completed all the requirements for your county.

The court will send the Adoption Report to the State Registrar if you have paid the $50.00 fee. The registrar will establish a new birth certificate for the child. The new birth certificate will be mailed to you.