Unregulated Custody Transfers of Adopted Children - Michigan

Date: August 2022

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Comp. Laws §§ 700.5103; 750.136c

By a properly executed power of attorney, a parent of a minor may delegate to another person, for a period not exceeding 180 days, any of the parent's powers regarding care, custody, or property of the minor, except the power to consent to marriage or adoption of the child. A parent shall not knowingly and intentionally delegate their powers regarding care and custody of the parent's child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of § 750.136c.

If a guardian for a minor delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.

A person shall not transfer or attempt to transfer the legal or physical custody of an individual to another person for money or other valuable consideration, except as otherwise permitted by law. A person shall not acquire or attempt to acquire the legal or physical custody of an individual for payment of money or other valuable consideration to another person, except as otherwise permitted by law.

Except as provided below, a person shall not do any of the following, whether or not the person receives money or other valuable consideration for so doing:

  • Transfer or attempt to transfer the legal or physical custody of a child with the intent to permanently divest a parent of parental responsibility, except by order of a court of competent jurisdiction
  • Arrange for or assist in the permanent transfer, adoption, adoptive placement, or any other permanent physical placement of a child, except for the performance of adoption activities under §§ 722.111 to 722.128, in the performance of the person's duties
  • Assist, aid, abet, or conspire in the commission of an act described above

Exceptions

Citation: Comp. Laws §§ 700.5103; 750.136c

If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the 31st day after the end of the deployment.

This section does not apply to services provided by an adoption attorney relating to a court-supervised adoption proceeding or when the child has been placed under one or more of the following conditions:

  • With a relative, a child-placing agency, or the Department of Health and Human Services
  • By a child-placing agency or the department
  • In accordance with the Interstate Compact on Placement of Children
  • With the intent that the child will be returned in less than 180 days
  • With the specific intent that the child will be returned, the placement benefits the child, and it is based on the temporary needs of the family, including, but not limited to, one or more of the following:
    • Respite for the child and family
    • A vacation or school-sponsored activity or function
    • A temporary inability of the parent or legal guardian to provide care for the child due to incarceration, military service, medical treatment, or other incapacity of the parent or legal guardian

Consequences

Citation: Comp. Laws § 750.136c

A person who violates this section is guilty of a felony punishable by imprisonment for no more than 20 years, a fine of no more than $100,000, or both.

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