Can I adopt my stepchild in Michigan if I was previously married to someone else?

A previous marriage is not one of the Michigan stepparent adoption requirements we work with, so being married before does not on its own point to a problem. Stepparent adoption in Michigan is built around your current family, and how an earlier marriage might matter in your particular situation is something the Family Division of Circuit Court clerk in your county can confirm.

What the court looks at instead: Stepparent adoptions in Michigan are handled by the Family Division of Circuit Court under Michigan Compiled Laws Chapter 710. These are the points that apply to nearly every case:

• Residency: Michigan has 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.
• Child's consent: Michigan sets a child consent age of 14 (MCL § 710.43).
• The other parent: If the other biological parent will not agree, the question of abandonment comes up. Michigan uses a 24-month period (MCL § 710.51). Child support payments alone do not prevent an abandonment finding, because the court looks at the whole relationship, including emotional support, contact, and genuine interest in the child's welfare.
• Home study: An investigation is part of the process (MCL § 710.46).
• Background check: Michigan requires a criminal background check.
• Representation: Michigan allows you to represent yourself in a stepparent adoption, so an attorney is not required.

If your situation has complications: Your marital history is only one piece. If your case involves a contested adoption, an unknown or unreachable parent, or a custody order from an earlier marriage, those depend on your specific facts. Please ask the court clerk or an attorney about that issue.

Blended families and multiple children: Same-sex couples can complete a stepparent adoption in Michigan, since Michigan recognizes all valid marriages.