Can a same-sex stepparent adopt in Michigan?

Yes, a same-sex stepparent can adopt in Michigan. Michigan recognizes all valid marriages and allows stepparent adoption regardless of the couple's gender, so a wife adopting her wife's child or a husband adopting his husband's child follows the same process as any other stepparent adoption.

Where it's filed: The Family Division of Circuit Court (Family Court) in your Michigan county. Michigan has 83 counties, and the clerk in yours can confirm local filing details. The adoption law is found in Michigan Compiled Laws Chapter 710.

What the process involves:

• Residency: Michigan sets no minimum residency period (MCL § 710.24(1)). The court can grant the adoption as long as you, your spouse, or the child is a Michigan resident, even if the other parent lives in another state.
• Child's consent: If your stepchild is 14 or older, their consent is part of the process (MCL § 710.43).
• The other parent: Their consent is normally needed. If they won't consent, the court can look at abandonment, which Michigan measures at 24 months (MCL § 710.51). The court looks at the whole relationship, including emotional support, contact, and real interest in the child's welfare. Child support payments alone don't prevent an abandonment finding.
• Home study: Plan on one. Michigan does not have a blanket home-study waiver for stepparents (MCL § 710.46). A background check is also required.
• Self-representation: Michigan allows you to handle a stepparent adoption without an attorney.

Timeline and cost: Stepparent adoptions in Michigan typically take 3-6 months. Court filing fees run $200-$500, and the total typical cost is under $1,000.

Situations that depend on your facts: Some same-sex family situations call for individual guidance. Examples include a child conceived with a donor, a child whose other legal parent is unknown, or a parent who objects. The same goes for couples who are not married and want to know whether adoption is available to them. Michigan law on these points should be confirmed with the Family Division of Circuit Court clerk in your county or with a family law attorney. If you're also wondering how an updated birth certificate is requested after the adoption, the clerk can point you to the right steps with the Michigan Vital Records Office.

You deserve to be treated the same as any other family in this process. If you run into a problem, write down what happened and speak with the clerk or an attorney about that specific issue.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child.