Michigan § 710.41 - Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody.

Full text of Michigan Michigan Compiled Laws § 710.41 — Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody., with citation guidance and answers to common questions.

§ 710.41. Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody.

Sec. 41.(1)

Except as provided in section 23d of this chapter, a child shall not be placed in a home for the purpose of adoption until an order terminating parental rights has been entered pursuant to this chapter or chapter XIIA and the court has formally approved placement under section 51 of this chapter. After an order terminating parental rights has been entered, the court shall enter any appropriate orders pursuant to sections 45, 46, and 51 of this chapter. Such orders shall not be withheld because the period specified for a rehearing or an appeal as of right has not expired, or because of the pendency of any rehearing or appeal as of right.

(2)

If an order terminating parental rights is entered pursuant to this chapter or chapter XIIA, the child may be placed in a home for the purpose of adoption during the period specified for a rehearing or an appeal as of right and the period during which a rehearing or appeal as of right is pending. When a child placing agency, the court, or the department formally places a child or the court approves placement of a child pursuant to this subsection, the child placing agency, court, or department shall inform the person or persons in whose home the child is placed that an adoption will not be ordered until 1 of the following occurs:

(a)

The petition for rehearing is granted, at the rehearing the order terminating parental rights is not modified or set aside, and subsequently the period for appeal as of right to the court of appeals has expired without an appeal being filed.

(b)

The petition for rehearing is denied and the period for appeal as of right to the court of appeals has expired without an appeal being filed.

(c)

There is a decision of the court of appeals affirming the order terminating parental rights.

(3)

This section shall not be construed to prevent a child residing in a licensed foster home from being adopted by the foster parent or parents.

(4)

This section does not apply if the petitioner for adoption is married to a parent having legal custody of the child.

Source: official Michigan text · Last verified 2026-08-27

Frequently Asked Questions About Michigan § 710.41

What does Michigan Compiled Laws § 710.41 cover?

Section 710.41 ("Conditions to placing child in home for purpose of adoption; adoption by foster parent or by petitioner married to parent having legal custody.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Michigan § 710.41?

A common citation format is "Michigan Compiled Laws § 710.41" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 710.41 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.