Legal Question in Family Law in Michigan
Scenario is two sisters one is unable to conceive a child and the second is having her third child and can barely afford the two she has. The pregnant one wants the sister and her husband to adopt this baby. This is a two state issue as the baby will be born in Michigan and the adoptive mother lives in Florida. The pregnant sister is on state aide so is on Medicaid. This was not a planned pregnancy. We know a lawyer will have to be involved but some advice on how to begin this process would be appreciated. We thought the first thing should be when the baby is born have the birth mom sign legal guardian ship to the sister who will then petition to adopt.
2 Answers from Attorneys
You are correct and that you will first have to establish guardianship in order to have standing to file the adoption attention. Since the child will be born in Michigan it would make sense for the adoption proceeding to be filed in Michigan. These can be very complex and take a lot of time. Also, the parental rights of the biological parents will have to be terminated either voluntarily or involuntarily. I strongly urge you to hire a lawyer to help you with this. I gladly offer a free consultation with no obligation.
I would also add that it would be good to get started on this now as opposed to waiting until the baby is born. Retain a Michigan adoption attorney who can help guide you on establishing guardiansip so you can then start to work on terminating parental rights and then the adoption petition. That way when the baby is born you have everything lined up to get the process started.
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