In Re Adams

473 N.W.2d 712, 189 Mich. App. 540
CourtMichigan Court of Appeals
DecidedMay 22, 1991
DocketDocket 126726
StatusPublished
Cited by12 cases

This text of 473 N.W.2d 712 (In Re Adams) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adams, 473 N.W.2d 712, 189 Mich. App. 540 (Mich. Ct. App. 1991).

Opinions

Per Curiam.

In a case of first impression, petitioners appeal as of right from a judgment entered by the Kalamazoo County Probate Court which denied their petition for James Bruce Jennings and Sharan Rae Selleck to adopt their adult daughter, Molly Marie Adams, born November 3, 1962. The probate court ruled that although Jennings and Selleck are the natural parents of Molly Adams, they could not petition to adopt her pursuant to MCL 710.24(1); MSA 27.3178(555.24)(1) because they were both married to other parties, rather than to each other. We affirm.

Molly Marie Adams is the natural daughter of petitioners Jennings and Selleck, who were married to each other at the time of Molly’s birth. Later, they were divorced and Selleck married Phillip D. Adams, who adopted Molly. This apparently occurred in 1987, after Molly had reached the age of majority. Selleck’s marriage to Phillip Adams eventually ended in divorce, and she later married her present husband, petitioner William Logan. In the meantime, Jennings married his present wife, petitioner W. Rose Ann Makowski.

The present action was commenced because Molly, her natural parents, and their respective spouses all desire that Molly again become the legal daughter of both of her natural parents. MCL 710.24(1); MSA 27.3178(555.24)(1) provides:

[542]*542If a person desires to adopt a child or an adult and to bestow upon the adoptee his family name, or to adopt a child or an adult without a change of name, with the intent to make the adoptee his heir, that person, together with his wife or her husband, if married, shall ñle a petition with the probate court of the county in which the petitioner resides or where the adoptee is found. [Emphasis added.]

Petitioners argue that the probate court should have granted their petition to adopt because all interested parties, that is, Molly and her natural parents and both of their spouses, had joined in the petition and consented to the proposed adoption. Petitioners conclude that this is technical compliance with the terms of §24 and that the probate court’s refusal to grant their petition was an abuse of discretion. The probate court, however, construed §24 to require that when a married person petitions to adopt a child or an adult, the married person’s spouse must also petition to adopt the adoptee. Therefore, the court concluded that it had no authority to allow two married persons who are not married to each other, such as petitioners Jennings and Selleck, to adopt the same person, regardless of the fact that she is their natural daughter. We agree.

The jurisdiction, powers, and duties of the probate court are prescribed by and may not exceed that which is conferred by statute. In re Kasuba Estate, 65 Mich App 25; 236 NW2d 751 (1975). Proceedings in probate court must strictly comply with the terms of the authorizing statute. In re Milner’s Estate, 324 Mich 269; 36 NW2d 914 (1949). The entire subject of adoption is governed solely by statute. In re Leach, 373 Mich 148; 128 NW2d 475 (1964). Jurisdiction over adoption proceedings is conferred upon the probate court in [543]*543chapter X of the Probate Code, known as the Adoption Code, MCL 710.21 et seq.; MSA 27.3178(555.21) et seq.

Although adoption has been practiced since ancient times, a right of adoption was not recognized by the common law. In re Smith Estate, 343 Mich 291; 72 NW2d 287 (1955). See also anno: Adoption of adult, 21 ALR3d 1012, §2, p 1016; 2 CJS, Adoption of Persons, 414. As with any statute in derogation of the common law, the provisions of the Adoption Code must be strictly construed. See Lincoln v Gupta, 142 Mich App 615; 370 NW2d 312 (1985). Moreover, the provisions of the Adoption Code must be construed together as a whole. In re Draime, 356 Mich 368, 371; 97 NW2d 115 (1959).

After reviewing the provisions of the Adoption Code, we conclude that the probate court correctly construed the requirement of § 24 that both spouses to a marriage join in the petition to adopt as precluding petitioners Jennings and Selleck, who are married, but not to each other, from adopting their natural daughter Molly Adams.

As with all other aspects of adoption, the question of who may adopt is controlled by statute. It has generally been held that the spouse of an adopting party, other than a spouse who is the natural parent of the adoptee, is a necessary party to an adoption proceeding. Anno: Required parties in adoption proceedings, 48 ALR4th 860, §§ 2-3, pp 864-869. To that end, courts in other jurisdictions have concluded that the law does not recognize adoption by one spouse alone. When an adoption statute requires joinder of the petitioner’s spouse, it is a joint petition, and, upon adoption, the adoptee becomes in law the child of both spouses and their relatives as if there had been a blood relationship. Id.

[544]*544In the absence of a statutory prohibition, an unmarried person may adopt another person. However, it has been held inconsistent with the general scope and purpose of adoption statutes to allow two unmarried persons to make a joint adoption. 2 CJS §§ 14-15, pp 434-435. In Adoption of Meaux, 417 So 2d 522 (La App, 1982), the Louisiana Court of Appeals held that under a Louisiana adoption statute which allowed a single person or a married couple to adopt a child, the natural parents of a minor child, who were apparently living together but not married to each other, could not jointly adopt their natural child because they were neither "a single person” nor a married couple.

We have found only one Michigan case involving the issue whether the statutory requirement that a married person be joined by the married person’s spouse in adoption proceedings precludes a married person alone from adopting a child or an adult. Unfortunately, in that case, neither the Supreme Court nor this Court addressed the issue, choosing instead to resolve the case on another basis. See In re Adoption of Knox, 381 Mich 582; 165 NW2d 1 (1969), aff'g Knox v Reid, 8 Mich App 199; 154 NW2d 3 (1967).

Nevertheless, we believe that the policy considerations which have motivated courts of other jurisdictions to hold that married persons must jointly adopt with their spouses is applicable to the Adoption Code. The Michigan adoption scheme expresses a policy of severing, at law, the prior, natural family relationship and creating a new and complete substitute relationship after adoption. Bikos v Nobliski, 88 Mich App 157; 276 NW2d 541 (1979). This policy is expressed in MCL 710.60; MSA 27.3178(555.60), which provides in pertinent part:

[545]*545(1) After the entry of the order of adoption, the adoptee shall, in case of a change of name, be known and called by the new name. The person or persons adopting the adoptee shall thereafter stand in the place of a parent or parents to the adoptee in law in all respects as though the adopted person had been born to the adopting parents and shall thereafter be liable for all the duties and entitled to all the rights of parents.
(2) After entry of the order of adoption there shall not be any distinction between the rights and duties of natural progeny and adopted persons, and

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In Re Adams
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Bluebook (online)
473 N.W.2d 712, 189 Mich. App. 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adams-michctapp-1991.