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Home arrow Adoption arrow The Role of the Probate Court
The Role of the Probate Court PDF Print E-mail

Every adoption is processed through the court and the court makes the final decision that the placement is in the best interest of the adoptee.
In summary:

  • The court receives the request (petition) of the prospective adoptive parent to adopt a specific child.
  • The court receives the consent to adopt and all other required legal forms. 
  • The court will order an investigation and will review the investigation report to assure that the adoption is in the best interest of the adoptee. A preplacement assessment or home study may satisfy the need for an investigation. 
  • The court will terminate the rights of the parent (Note: The rights of both parents must be terminated by the court before formal placement). The adoptee will be made a ward of the court and placed in the home of the adopting parent for a period of supervision. This supervisory period is normally six months but may be waived or extended at the discretion of the court. The court will appoint a child placing agency, the FIA or an agency of the court to oversee the adjustment of the adoptee and family during the period of supervision. In a direct placement, a child placing agency must be appointed by the court. This is usually the agency that prepared the preplacement assessment.
  • Upon satisfactory completion of the supervisory period, the court enters a final order of adoption. This order of adoption completes the legal process. It makes the child an heir of the adopting parent and in the eyes of the law this child is as much a child of the adopting parent as one who would have been born to the parent. 
  • The court notifies the department of public health of the adoption permitting the department of public health to issue a new birth certificate in the adoptive name.

The court must also approve any and all charges and fees connected with the adoption. This includes fees paid to an agency or attorney, any service fees, and any exchange of goods connected with the adoption.

 
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Foster Law Offices, Esq, is located in Jenison, Michigan, and serves the legal needs of clients throughout West Michigan in all communities, included but not limited to Holland, Ionia, Muskegon, Grand Haven, Grand Rapids, Ada, and Cascade.
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