In re Minors
912 N.W.2d 872
Mich. Ct. App.2018Background
- Twins born in Aug 2016; mother surrendered them to a hospital under Michigan's Safe Delivery of Newborns Law within 72 hours of birth.
- Mother provided no identifying information and declined to identify the father; Adoption Associates placed the twins with prospective adoptive parents and filed petitions in Sept 2016 to terminate parental rights.
- Vital Records initially withheld birth certificates because of unresolved paternity; later issued certificates listing the mother’s husband as father after learning she was married.
- Adoption Associates sought to terminate parental rights of both the surrendering parent and the nonsurrendering parent; the trial court held the Safe Delivery law applied only to the mother, not to the husband listed as father.
- Adoption Associates appealed; the Court of Appeals considered whether the statute bars a legal father (husband of surrendering mother) from later asserting parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Safe Delivery of Newborns Law applies to a presumed legal father (husband) when mother surrenders a newborn | Adoption Associates: statute requires child-placing agencies to identify and notify the nonsurrendering parent and to terminate parental rights if no custody petition is timely filed—this includes a presumed father | Nonsurrendering parent / trial court: statute applies only to the surrendering mother; a husband presumptively father could retain rights and later challenge adoption | The Court of Appeals reversed trial court: the statute applies to the husband (presumed legal father); DNA testing and statutory procedures resolve paternity so no later valid challenge can upset adoption |
Key Cases Cited
- Parks v. Parks, 304 Mich. App. 232 (statutory interpretation review de novo)
- Sinicropi v. Mazurek, 273 Mich. App. 149 (use statutes as written; read related statutes together)
- People v. Schaub, 254 Mich. App. 110 (describing purpose of Safe Delivery law)
- Barnes v. Jeudevine, 475 Mich. 696 (marital presumption of legitimacy)
- Helton v. Beaman, 304 Mich. App. 97 (a child may have only one legal father)
- Pecoraro v. Rostagno-Wallat, 291 Mich. App. 303 (biological father lacks standing to assert paternity when mother is married unless court has declared child born out of wedlock)