Stepparent Adoption in Michigan
Reviewed by DocDraft Legal Team - Michigan - Last updated October 6, 2026
In Michigan a stepparent adoption is filed in the family division of circuit court, on SCAO form PCA 301b, Petition for Stepparent Adoption, which you and your spouse sign together. The other parent must sign a consent before a judge under MCL 710.43 and 710.44 unless that parent's rights are terminated. MCL 710.51(6) allows termination only if the parents are divorced, or unmarried and the father has acknowledged paternity or is a putative father meeting MCL 710.39(2), and the parent with custody of the child according to a court order later married you. Then, upon notice and hearing, the court may terminate the other parent's rights if, for 2 years or more before filing, that parent, having the ability, both failed or neglected to provide regular and substantial support (or to substantially comply with a support order) and regularly and substantially failed or neglected to visit, contact, or communicate with the child. A child over 14 years of age must also consent.
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Where are you with adopting your stepchild?
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Can a stepparent adopt in Michigan without the other parent's consent?
Only by termination under MCL 710.51(6): your spouse has court-ordered custody, the parents are divorced or the father acknowledged or qualifying under 710.39(2), and after notice and a hearing the court may terminate if, for 2 years or more before filing, the parent, while able, failed both regular and substantial support (or support order compliance) and regular and substantial contact.
Which court and which form are used for a stepparent adoption in Michigan?
You file in the family division of circuit court in the county where you live, where the child is found, or where parental rights were terminated or are pending termination (MCL 710.24). The statewide form is SCAO PCA 301b, Petition for Stepparent Adoption. If you seek termination, attach PCA 302, the supplemental petition and affidavit.
Is a home study required for a stepparent adoption in Michigan?
MCL 710.46 tells the court to direct a full investigation when an adoption petition is filed, with a written report within 3 months. The order section of PCA 301b also has a box stating the full investigation is waived, so ask the court whether it will investigate or waive it in your stepparent case.
At what age must the child consent to a stepparent adoption in Michigan?
Under MCL 710.43(2), if the child is over 14 years of age, the child's consent is necessary before the court may enter an order of adoption. MCL 710.44(7) says the judge or referee must first explain that the child is permanently gaining the adopting parent as a legal parent before the consent is signed.
Michigan's two year termination rule, the family division, and PCA 301b
MCL 710.22 defines the adoption court as the family division of circuit court, and MCL 710.24(1) has you and your spouse file together in the county where you live, where the child is found, or where a parent's rights were terminated or are pending termination. The statewide petition is SCAO form PCA 301b, Petition for Stepparent Adoption, which asks whether the child's name will change and whether the child is an Indian child. Your spouse, as the parent with legal custody, joins the petition instead of signing a consent (MCL 710.43(7)), and MCL 710.51(5) bars the judge from terminating that parent's rights. The other parent must sign a consent before a judge or referee (MCL 710.44(1)) unless that parent's rights are terminated. The route without consent is MCL 710.51(6), and every condition matters: the parents must be divorced, or unmarried with a father who has acknowledged paternity or is a putative father meeting MCL 710.39(2); the parent having custody of the child according to a court order must later marry the stepparent who petitions; and the court, upon notice and hearing, may terminate only if both of the following occur for 2 years or more before the petition is filed. First, the other parent, having the ability to support or assist in supporting the child, failed or neglected to provide regular and substantial support, or, if a support order was entered, failed to substantially comply with it (a $0.00 or reserved order counts as no order). Second, that parent, having the ability to visit, contact, or communicate with the child, regularly and substantially failed or neglected to do so. Both are required, not either. That request goes on SCAO form PCA 302. MCL 710.46 calls for a full investigation with a report within 3 months, though PCA 301b's order section includes a waiver box. A child over 14 years of age must consent (MCL 710.43(2)), and MCL 710.56(1) lets the court enter the adoption order 6 months after formal placement, a period it may waive on your motion in the child's best interests.
Relevant Laws
MCL 710.43 (Consent to adoption)
Requires consent from each parent, with listed exceptions that include a parent whose rights have been terminated and a parent with legal custody who is married to the petitioner. Subsection (2) requires the child's consent if the child is over 14 years of age, and subsection (7) requires the noncustodial parent's consent before an order of adoption unless that parent's rights have been terminated.
MCL 710.51(6) (Termination of the other parent's rights in a stepparent adoption)
If the parents are divorced, or unmarried and the father has acknowledged paternity or is a putative father meeting section 39(2), and a parent having custody of the child according to a court order marries and that parent's spouse petitions to adopt, the court upon notice and hearing may terminate the other parent's rights if both occur for 2 years or more before filing: the parent, having the ability, failed or neglected to provide regular and substantial support or to substantially comply with a support order, and, having the ability, regularly and substantially failed or neglected to visit, contact, or communicate with the child.
MCL 710.46 (Investigation and report)
On the filing of an adoption petition, the court directs a full investigation of the adoptee's best interests, family background, and reasons for placement away from a parent, with a written report filed within 3 months after the order. Its statutory waiver applies to certain foster care placements.
SCAO form PCA 301b (Petition for Stepparent Adoption)
The statewide Michigan petition for a stepparent adoption in the family division of circuit court, citing MCL 710.24 and 710.51. It covers the child's new name, Indian child status, and the request to terminate the other parent's rights, which is supported by form PCA 302.
Regional Variances
Michigan stepparent adoption requirements
Court
Family division of circuit court (MCL 710.22), in the county where the petitioner resides, where the adoptee is found, or where a parent's rights were terminated or are pending termination (MCL 710.24(1)).
Petition form
SCAO PCA 301b, Petition for Stepparent Adoption, signed by the stepparent and the custodial spouse. Attach PCA 302, Supplemental Petition and Affidavit to Terminate Parental Rights, when seeking termination.
Other parent's consent
Required before the order of adoption unless that parent's rights have been terminated (MCL 710.43(7)), signed before a judge or referee (MCL 710.44(1)). The custodial spouse joins the petition and does not sign a consent.
Proceeding without consent
Termination under MCL 710.51(6), only if the parents are divorced, or unmarried with an acknowledged father or a putative father meeting MCL 710.39(2), and the parent with custody under a court order married the petitioner. Upon notice and hearing, the court may terminate if BOTH occur for 2 years or more before filing: the parent, having the ability, failed or neglected to provide regular and substantial support or to substantially comply with a support order, AND, having the ability, regularly and substantially failed or neglected to visit, contact, or communicate with the child.
Home study
Full investigation directed on filing, written report within 3 months (MCL 710.46). PCA 301b's order section includes a box waiving the full investigation; ask the court how it handles stepparent cases.
Residency or waiting period
The order of adoption may enter 6 months after formal placement, waivable on the petitioner's motion in the adoptee's best interests (MCL 710.56(1)). No minimum marriage length is set.
Child's consent age
Over 14 years of age (MCL 710.43(2)); the consent is signed after the judge or referee explains its effect (MCL 710.44(7)).
Suggested Compliance Checklist
Decide the route for the other parent
Before filing days after startingAsk for the other parent's consent first. To rely on MCL 710.51(6), confirm the parents are divorced or the father acknowledged paternity or qualifies under MCL 710.39(2), and that your spouse has custody under a court order. Then gather proof that for 2 years or more before filing the parent, while able, failed both regular and substantial support (or substantial compliance with a support order) and regular and substantial visits or contact. The court decides after notice and a hearing.
File PCA 301b with the family division
At filing days after startingFile SCAO PCA 301b, signed by you and your spouse, in the family division of circuit court in an eligible county, with the child's birth certificate and the custody and support orders the court asks for. Attach PCA 302 if you seek termination. Ask the clerk for the filing fee and local requirements.
Serve notice and track the investigation
After filing days after startingGive notice of the petition as PCA 301b directs, using form PCA 352, and make sure the other parent is served before any termination hearing. Confirm whether the court ordered the MCL 710.46 investigation, due within 3 months, or waived it.
Arrange the consents
Before the order of adoption days after startingSchedule the other parent's consent before a judge or referee, unless that parent's rights are being terminated, and the consent of a child over 14 years of age. Ask the court which consent forms it uses.
Confirm the child's new name and update records
After the order of adoption days after startingEnter the child's new full name correctly on PCA 301b so the order of adoption records it. Order certified copies of the order for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the route for the other parent | Ask for the other parent's consent first. To rely on MCL 710.51(6), confirm the parents are divorced or the father acknowledged paternity or qualifies under MCL 710.39(2), and that your spouse has custody under a court order. Then gather proof that for 2 years or more before filing the parent, while able, failed both regular and substantial support (or substantial compliance with a support order) and regular and substantial visits or contact. The court decides after notice and a hearing. | - | Before filing |
| File PCA 301b with the family division | File SCAO PCA 301b, signed by you and your spouse, in the family division of circuit court in an eligible county, with the child's birth certificate and the custody and support orders the court asks for. Attach PCA 302 if you seek termination. Ask the clerk for the filing fee and local requirements. | - | At filing |
| Serve notice and track the investigation | Give notice of the petition as PCA 301b directs, using form PCA 352, and make sure the other parent is served before any termination hearing. Confirm whether the court ordered the MCL 710.46 investigation, due within 3 months, or waived it. | - | After filing |
| Arrange the consents | Schedule the other parent's consent before a judge or referee, unless that parent's rights are being terminated, and the consent of a child over 14 years of age. Ask the court which consent forms it uses. | - | Before the order of adoption |
| Confirm the child's new name and update records | Enter the child's new full name correctly on PCA 301b so the order of adoption records it. Order certified copies of the order for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the order of adoption |
Frequently Asked Questions
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