SB-1132, As Passed House, December 12,

SUBSTITUTE FOR

SENATE BILL NO. 1132

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 24 of chapter X (MCL 710.24), as amended by

2004 PA 487.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

     Sec. 24. (1) If Except as otherwise provided in this section,

if a person desires to adopt a child or an adult and to bestow upon

the adoptee his or her family name, or to adopt a child or an adult

without a name change, with the intent to make the adoptee his or

her heir, that person, together with his wife or her husband, if

married, shall file a petition with the court of the county in

which the petitioner resides or where the adoptee is found or, if

the petitioner and adoptee reside out of state, where the parent's

parental rights were terminated or are pending termination. If both

parents' parental rights were terminated at different times and in

different courts, a petition filed under this section shall be

filed in the court of the county where parental rights were first

terminated. If there has been a temporary placement of the child,

the petition for adoption shall be filed with the court that

received the report described in section 23d(2) of this chapter.

     (2) Notwithstanding any other provision in this section, the

court may allow either of the following to occur:

     (a) A married individual to adopt an adult without his or her

spouse joining in the petition if all of the interested parties

consent.

     (b) A married individual to adopt without his or her spouse

joining in the petition if the failure of the other spouse to join

in the petition or to consent to the adoption is excused by the

court for good cause shown or in the best interest of the child.

(3) (2) In an adoption proceeding in which there is more than

1 applicant, the petition for adoption shall be filed with the

court of the county where the parent's parental rights were

terminated or are pending termination. If both parents' parental

rights were terminated at different times and in different courts,

a petition filed under this section shall be filed in the court of

the county where parental rights were first terminated.

(4) (3) If a petition to adopt is filed in a county other than

that in which the petitioner resides or the prospective adoptee is

found, the chief judge of the court may, upon motion, enter an

order transferring jurisdiction of the matter to the court of the

county in which the petitioner resides or the prospective adoptee

is found.

(5) (4) The petition for adoption shall be verified by each

petitioner and shall contain the following information:

     (a) The name, date and place of birth, and place of residence

of each petitioner, including the maiden name of the adopting

mother.

     (b) Except as otherwise provided in subsection (7) (8), the

name, date and place of birth, and place of residence if known of

the adoptee.

     (c) The relationship, if any, of the adoptee to the

petitioner.

     (d) The full name by which the adoptee shall be known after

adoption.

     (e) The full description of the property, if any, of the

adoptee.

     (f) Unless the rights of the parents have been terminated by a

court of competent jurisdiction or except as otherwise provided in

subsection (7) (8), the names of the parents of the adoptee and the

place of residence of each living parent if known.

     (g) Except as otherwise provided in subsection (7) (8), the

name and place of residence of the guardian of the person or estate

of the adoptee, if any has been appointed.

(6) (5) In a direct placement, the petitioner shall attach to

the petition a verified statement certifying that the petitioner

has been informed of the availability of counseling services and

whether the petitioner has received counseling.

(7) (6) Except as otherwise provided in this subsection, in a

direct placement, the petitioner shall attach a copy of a

preplacement assessment of the petitioner completed or updated

within 1 year before the petition is filed with a finding that the

petitioner is suitable to be a parent of an adoptee, copies of all

other preplacement assessments of the petitioner, if any others

have been completed, and a verified statement stating that no

preplacement assessments of the petitioner have been completed

other than those attached to the petition and explaining any

preplacement assessments of the petitioner that have been initiated

but not completed. If the petitioner is seeking review of a

preplacement assessment under section 23f(8) of this chapter, the

petitioner may comply with this subsection by attaching a copy of

that preplacement assessment and a copy of the application for

review, together with copies of all other preplacement assessments

and the verified statement required by this section.

(8) (7) In a direct placement in which the parties have

elected not to exchange identifying information, the information

required by subsection (4)(f) (5)(f) and (g) and the surname and

place of residence of the adoptee required under subsection (4)(b)

(5)(b) may be omitted. The attorney or child placing agency

assisting in the adoption shall file a verified statement

containing the omitted information.