Document Type

Book Chapter

Publication Date

1986

Abstract

The complete legal severance of the parent-child relationship is an extremely serious step. The severance isabsolute and permanent; it is as if the relationship never existed. Few state infringements on personal liberty are greater. On the other hand, termination of parental rights may make a child available, through adoption, for a new permanent relationship that would not otherwise be possible.

Under the Adoption Code, MCLA 710.21 et~; MSA 27.3178(555.21) et ~ termination of parental rights may be effected voluntarily through a release of parental rights, MCLA 710.28, .29, .64; MSA 27.3178(555.28), (555.29), (555.64), or by a putative father's not asserting his rights or interest in the child, MCLA 710.37; MSA 27.3178(555.37). Parental rights of a putative father may also be terminated involuntarily under the Adoption Code. MCLA 710.37, .39; MSA 27.3178(555.37), (555.39). Under the Juvenile Code, MCLA 7 l 2A. l et seq; MSA 27.3178(555.21) et ~' a juvenile division of the probate court that has proper jurisdiction over a child may also terminate parental rights involuntarily. This chapter deals extensively with the authority of the juvenile division of the probate court to terminate parental rights against the wishes of a parent accused of child abuse or neglect. For a discussion of probate court authority under the Adoption Code, see "Ancillary Proceedings" in chapter 13 of this supplement.

Comments

This material is reprinted with permission from Terminating Parental Rights, edited by N. Robbins and L. Chard, from Michigan Family Law, 1986 Cumulative Supplement, © 1986 the Institute of Continuing Legal Education (ICLE), www.icle.org. ICLE has granted the University of Michigan Law School permission to use this material in a non-commercial institutional repository (http:// repository.law.umich.edu/) to preserve and provide access to the scholarship of the Law School. Any further sharing, copying, distribution, display, republication, reuse, or resale of this material without ICLE’s written permission is strictly prohibited

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