Legal Question in Family Law in Michigan

No. If they don't want their parental rights terminated, then nobody can adopt the child. If you want to have the ability to make decisions on behalf of the child, such as medical decisions in the event of an emergency, there is legal documentation that can be put in place whereby it is clear that you have such authority, either in certain or limited circumstances, or all the time. It would essentially be a limited guardianship type situation, but not done formally through the courts.

If you to have formal guardianship of the child without a termination of the parental rights, you can also petition the court accordingly. If granted, you would be considered the child's "legal guardian," but not her parent. Her biological parents would still be responsible for paying child support, and could petition to have the guardianship terminated, and/or object to the renewal of the guardianship. But, the guardianship would allow you to have several legal rights that a parent would have, such as decisions regarding the child's school, religion, medical treatment, etc.

It can get complicated, but it doesn't need to be. The bottom line is that if they don't want their parental rights terminated, and there is no "special needs" related to the child that warrants you having authority to make medical decisions for the child, there is no reason to take any action.

I'm confused as to why the parents would say "yes" adopt our child, but still want their "parental rights." What do they think adoption means? Adoption would make you the child's legal and only mother. Adoption terminates parental rights if they haven't already been terminated. Do the parents just still want to have the option of being in the child's life, communicating with her, receiving pictures of her, seeing her a few times a year, etc - often called an "open adoption?" That's an agreement that is reached between everyone.

I don't think you, or the parents, understand or know what you want, and/or what you're trying to accomplish.