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In Re Munson
Citations: 534 N.W.2d 192; 210 Mich. App. 500Docket: Docket 174436
Court: Michigan Court of Appeals; May 12, 1995; Michigan; State Appellate Court
James C. Tardiff appeals the probate court's denial of his adoption petition for April Rae Munson, the biological daughter of his ex-wife, Judy Anne Tardiff. After Judy's divorce from Douglas T. Munson, April lived with Judy and James during their marriage and continued to reside with James post-divorce. At the time of the adoption petition, April was 19 and consented to the adoption. The probate court required Judy to be a co-petitioner due to her status as April's biological mother, ultimately denying the petition based on the Adoption Code, which does not allow two unmarried individuals to adopt jointly. The court relied on a previous decision (In re Adams), stating that the joinder of Judy was necessary to prevent the termination of her parental rights. However, the appellate court found that the probate court misinterpreted the Adoption Code, noting that Judy's joinder was not required since she was no longer married to James when he filed the petition. The appellate court emphasized that the relevant provisions do not classify a noncustodial biological parent of an adult adoptee as an "interested party" for adoption purposes. Consequently, the appellate court reversed the probate court's decision, allowing the adoption to proceed without Judy's involvement. The legal document clarifies that the adoption of an adult by a petitioner does not automatically terminate the parental rights of the adult adoptee's biological mother. The petitioner sought to terminate only the rights of April's biological father, not those of Judy Tardiff, the biological mother, who was not required to consent to the adoption due to April's adult status. The Adoption Code stipulates that only the consent of the parent whose rights are being terminated is necessary for adoption, thereby indicating that Judy Tardiff's inclusion in the adoption petition was not required. The probate court incorrectly mandated her joinder. Additionally, since the petitioner is a single individual, the probate court improperly applied the precedent set in Adams, which pertains to joint adoption petitions. The case confirms that single individuals can adopt under the Adoption Code. Therefore, the probate court's denial of the adoption request based on a misinterpretation of Adams was an abuse of discretion. The decision to deny the petition is reversed, allowing the petitioner to adopt April and terminate the parental rights of her biological father.