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How to Adopt an Adult in Michigan

Reviewed by DocDraft Legal Team · Michigan · Last updated October 7, 2026

MCL 710.24(1) lets a person petition to adopt a child or an adult with the intent to make the adoptee his or her heir, and in Michigan that single clause is the whole eligibility test. The order permanently makes one adult the legal parent of another, creating a parent and child relationship that carries inheritance and next of kin consequences for life. There is no list of qualifying categories. No disability, no former stepchild status and no prior foster relationship is required, and no age gap applies, not even a rule that the adult being adopted be younger. Consent is narrow. MCL 710.43(3) says the adult's own consent is necessary and consent by any other individual is not required, so neither the adult's husband or wife nor the adult's parents consent. Two obligations survive that sentence. If the person adopting is married, that spouse must join the petition as a co-petitioner under MCL 710.24(1), although the court may excuse joinder in an adult case when all interested parties consent. And the adult's living parents are interested parties who must be served before the judge signs, even though they cannot block the adoption. Michigan also keeps something most states drop for adults: MCL 710.56(5)(b) bars the order until a written investigation report is filed. The adult signs the consent in front of the judge or a referee rather than a notary. After the order the adult becomes an heir at law of the adopting parent and that parent's kindred, and stops being an heir at law of the person who was their parent. Attorney review of your paperwork is available through DocDraft.

Find out where you stand in Michigan

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Michigan?

Any adult. MCL 710.24(1) lets a person petition to adopt a child or an adult with the intent to make the adoptee his or her heir, and Michigan attaches no list of qualifying categories to that route. MCL 710.22(a) defines the adoptee as the individual to be adopted, child or adult.

Whose consent is needed for an adult adoption in Michigan?

Only the adult being adopted. MCL 710.43(3) provides that if the individual to be adopted is an adult, that individual's consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required. That excludes parents and both spouses.

Which court handles an adult adoption in Michigan?

The family division of the circuit court, which MCL 600.1021(1)(b) gives sole and exclusive jurisdiction over adoption cases under chapter X of the Probate Code of 1939. MCL 710.22(m) defines the court the same way. Despite the chapter's name, the probate court is not the forum.

Is an investigation required for an adult adoption in Michigan?

Yes. MCL 710.56(5)(b) bars the court from entering an order of adoption for an adult until the written report of investigation required by MCL 710.46(2) is filed. MCL 710.46(1) directs a full investigation upon the filing of any adoption petition, with the report due within three months.

Michigan adult adoption at a glance

An adult adoption in Michigan is a court order making one adult the permanent legal parent of another adult, so that the adopting person becomes a parent under the law as though the adoptee had been born to them (MCL 710.60(1)). Michigan sets no qualifying categories and no age gap, and MCL 710.43(3) narrows consent to the adult alone. What makes Michigan different is what it keeps. A married petitioner's spouse must still join the petition (MCL 710.24(1)), the adult's living parents must still be served as interested parties (MCL 710.24a(1)(c)), and a written investigation report must still reach the file before the judge may sign (MCL 710.56(5)(b)). The order severs the adult's heir at law status from the person who was their parent (MCL 710.60(2)).

The aunt and uncle who raised her, adopting at 34 in Kent County

Her aunt and uncle took her in at 16, and at 34 she wants them recorded as her legal parents. They all live in Kent County. Michigan asks her to fit no category, and with no age gap rule in the chapter there is nothing to prove about years between them. Because the aunt and uncle are married, both must appear as petitioners under MCL 710.24(1). Her consent is the only consent needed (MCL 710.43(3)), and she signs it in front of the judge after he explains its effect. Her surviving father cannot object, but he is an interested party and must be served before the order can enter (MCL 710.24a(1)(c), MCL 710.56(5)(c)). A court investigator files a written report. After the order she is an heir at law of her aunt and uncle and their kindred, and no longer her father's heir at law (MCL 710.60(2)).

Relevant Laws

MCL 710.24 (who may petition, venue, and spousal joinder)

Lets a person petition to adopt a child or an adult with the intent to make the adoptee his or her heir, requires a married petitioner to file together with his or her spouse, allows the court to excuse that joinder for an adult if all interested parties consent, and lists the seven verified petition items.

MCL 710.43(3) (the adult's consent is the only consent)

Provides that if the individual to be adopted is an adult, the individual's consent is necessary before the court may enter an order of adoption, but consent by any other individual is not required. That removes the adoptee's spouse, the petitioner's spouse and the adoptee's parents from the consent question.

MCL 710.56(5) (the three conditions for an adult order)

Permits the court to enter an order of adoption for an adult after the adult consents under MCL 710.43(3), the written report of investigation required by MCL 710.46(2) is filed, and notice has been served on the interested parties described in MCL 710.24a. No placement or waiting period appears.

MCL 710.60 (new name, parentage, and heir at law status)

Provides that the adopting persons become the parents under the law as though the adoptee had been born to them, and that an adopted adult is no longer an heir at law of the person who was their parent when the order was entered, except that interests vested before the final order are not divested.

SCAO-Approved Index of Adoptions Forms

The State Court Administrative Office form index states that the adoption forms must be filed in the family division of the circuit court, and lists seventy one approved forms including PCA 301 Petition for Adoption, PCA 307 Consent to Adoption by Adoptee, and PCA 321 Order of Adoption.

Regional Variances

Michigan adult adoption rules at a glance

Who may be adopted

Any adult, with no enumerated categories. MCL 710.24(1) covers a petition to adopt a child or an adult with the intent to make the adoptee an heir, and MCL 710.22(a) defines the adoptee to cover a child or an adult alike.

Age relationship

No minimum gap and no age order rule. Chapter X of the Probate Code of 1939 nowhere requires the adoptee to be younger than the petitioner. Its only age lines are the under eighteen definition of a child in MCL 710.22(j) and the fourteen and over consent rule in MCL 710.43(2).

Consent of the adult being adopted

Required, and it is the only consent. MCL 710.43(3). It must be a separate instrument executed before the judge having jurisdiction or a juvenile court referee (MCL 710.44(1)), after the judge fully explains its effect (MCL 710.44(7)).

Consent of the adopting person's spouse

Not a consent but a joinder. MCL 710.24(1) requires the petitioner to file together with his or her spouse if married. MCL 710.24(2)(a) lets the court allow a married individual to adopt an adult without the spouse joining if all interested parties consent.

Consent of the adoptee's spouse

Nothing required. MCL 710.43(3) states that consent by any other individual is not required, and the adoptee's spouse appears nowhere in the interested parties list in MCL 710.24a(1), so there is no consent, no joinder and no notice.

The adoptee's parents

Notice, not consent. MCL 710.24a(1)(c) makes each living parent an interested party, and MCL 710.56(5)(c) bars the order until the interested parties are served. MCL 710.24(4)(f) requires the petition to name each living parent and state their residence.

Court and venue

The family division of the circuit court, which holds sole and exclusive jurisdiction over adoption cases (MCL 600.1021(1)(b), MCL 710.22(m)). File where the petitioner resides or where the adoptee is found (MCL 710.24(1)). No durational residency period applies.

Filing fee

No adoption specific statewide fee exists. Chapter X sets none, and MCL 600.2529(1)(a) sets a $150 fee before filing a civil action in the circuit court without naming adoption, so the amount must be confirmed with the county clerk. Waiver is mandatory on an affidavit of inability to pay (MCL 600.2529(5)).

Investigation

Required, not waived. MCL 710.46(1) directs a full investigation on the filing of an adoption petition, MCL 710.46(2) sets a three month report deadline, and MCL 710.56(5)(b) makes the filed report a precondition to the adult order. The only waiver is the foster care route in MCL 710.46(3).

Name change

Handled in the adoption order. MCL 710.24(4)(d) makes the post adoption name a required petition item and MCL 710.60(1) gives it effect. MCL 710.59, despite its title, is a redaction rule keyed to parental consent and is not the authority for an adult name change.

Inheritance

The adopted adult becomes an heir at law of the adopting parents and of their lineal and collateral kindred, and stops being an heir at law of the person who was their parent when the order entered (MCL 710.60(2)). Whether the MCL 700.2114(2) stepparent carve out reaches an adult stepchild is unsettled on the text.

Forms

Seventy one approved adoption forms, none titled for adult adoption. PCA 301 Petition for Adoption is mandatory use but is captioned for a child. PCA 307 Consent to Adoption by Adoptee carries the one adult adoptee paragraph. PCA 321 is the Order of Adoption.

Suggested Compliance Checklist

Confirm the petitioners and the county

Before you draft anything days after starting

Decide whether a spouse must join under MCL 710.24(1) or whether you will ask the court to excuse joinder under MCL 710.24(2)(a). Identify the county where the petitioner resides or where the adoptee is found, and call that family division clerk about the filing amount.

List every interested party

Before filing days after starting

Work through MCL 710.24a(1) and write down each person who must be served: the petitioners, the adoptee, and each living parent of the adoptee. MCL 710.56(5)(c) makes service on them a precondition to the order, and MCL 710.24a(6) lets the court add parties.

Draft the verified petition for adoption

First document to prepare days after starting

Cover all seven items in MCL 710.24(4), including the full name the adoptee will be known by after adoption and a full description of the adoptee's property. SCAO form PCA 301 is the mandatory use petition. Attorney review of the petition is available through DocDraft.

Prepare the consent for signature in court

With the petition days after starting

The adult's consent must be a separate instrument, not part of the petition (MCL 710.44(1)). SCAO form PCA 307 is the matching form and carries the adult adoptee paragraph about losing heir at law status. Do not have it notarized in advance.

File the petition and request the consent hearing

When the papers are signed days after starting

File in the family division of the circuit court and ask for the consent hearing, which MCL 710.44(1) requires to be held within seven days of the request. MCL 600.2529(5) requires the court to waive or suspend fees on an affidavit of indigency or inability to pay.

Track the investigation report

Within three months of the investigation order days after starting

MCL 710.46(1) has the court direct a full investigation once the petition is filed, and MCL 710.46(2) sets a three month deadline for the written report. MCL 710.26(1)(f) makes that report part of the documentation filed before the hearing on the petition.

Review the inheritance effect before the hearing

Before the order is signed days after starting

MCL 710.60(2) ends the adult adoptee's heir at law status as to the person who was their parent, and as to that person's kindred, while vested interests survive. How MCL 700.2114(2) applies to an adult stepchild adoption is unsettled, so attorney review is available.

Frequently Asked Questions

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