Can a non-citizen adopt a stepchild in Michigan?

Michigan's stepparent adoption requirements don't list U.S. citizenship as a condition, so a non-citizen stepparent may be able to adopt. How your immigration status fits in is a fact-specific question, though, so confirm it with the Family Division of Circuit Court clerk in your county or with an attorney before you file.

What Michigan does require. These are the points that apply to every stepparent adoption, whatever the stepparent's nationality:

• Residency: Michigan sets no minimum residency period (MCL § 710.24(1)). Michigan courts can grant the adoption as long as you, your spouse, or the child is a Michigan resident.
• Marriage: Michigan recognizes all valid marriages and allows stepparent adoption regardless of the couple's gender.
• Child's consent: A child who is 14 or older must consent (MCL § 710.43).
• Other parent: If the other parent is not consenting, the court looks at abandonment, which is addressed in MCL § 710.51 and involves a 24-month period. These cases depend on the facts, so talk with the court clerk or an attorney about your situation. Child support payments alone don't prevent an abandonment finding, because the court looks at the whole relationship, including contact and genuine interest in the child.
• Home study: Home studies are addressed in MCL § 710.46. The clerk can tell you what your county expects in your case.
• Background check: Michigan requires a criminal background check, but minor infractions rarely prevent approval. If you have lived outside the United States, ask the clerk whether your county needs any additional documentation.

Immigration questions. Different visa and residency statuses can raise different practical issues, such as what identification you can provide. Michigan law on how a particular status affects your petition should be confirmed with the court clerk or an attorney. An immigration attorney can also advise you on how an adoption relates to your own immigration paperwork.

Where and how long. The petition is filed in the Family Division of Circuit Court in one of Michigan's 83 counties. Stepparent adoptions typically take 3-6 months. Court filing fees run $200-$500, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney. Michigan allows you to represent yourself in a stepparent adoption, so an attorney isn't required, though you can consult one about any complicated part of your situation.

Other practical points. You can include more than one stepchild in a single petition.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm.