HB-5602, As Passed Senate, June 7, 2006

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5602

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending section 60 of chapter X (MCL 710.60), as amended by

 

1996 PA 409.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER X

 

     Sec. 60. (1) After the entry of  the  an order of adoption, if

 

the adoptee's name is changed, 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 then  stand in the place of a  become

 

the parent or parents  to  of the adoptee  in  under the law  in

 

all respects  as though the adopted person had been born to the

 

adopting parents and are liable for all the duties and entitled to

 

all the rights of parents.


House Bill No. 5602 as amended June 6, 2006

 

     (2) After entry of the order of adoption, there is no

 

distinction between the rights and duties of natural progeny and

 

adopted persons, and the adopted person becomes an heir at law of

 

the adopting parent or parents  ,  and an heir at law of the lineal

 

and collateral kindred of the adopting parent or parents. After

 

entry of the order of adoption, except as provided in section

 

2114(2) of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.2114, an adopted child is no longer an heir at law of a

 

parent whose rights have been terminated under this chapter or

 

chapter XIIA or the lineal or collateral kindred of that parent,

 

nor is an adopted adult an heir at law of a person who was his or

 

her parent at the time the order of adoption was entered or the

 

lineal or collateral kindred of that person, except that a right,

 

title, or interest  vesting  that has vested before entry of the

 

final order of adoption is not divested by that order.

 

     (3) This section does not prohibit the filing of an action or

 

entry of an order for grandparenting time  under  as provided in

 

section 7b of the child custody act of 1970,  Act No. 91 of the

 

Public Acts of 1970, being section 722.27b of the Michigan Compiled

 

Laws  1970 PA 91, MCL 722.27b.  During the pendency of a stepparent

 

adoption proceeding, a parent of a natural parent may seek an order

 

for grandparenting time of the adoptee in the same manner as set

 

forth in section 7b of Act No. 91 of the Public Acts of 1970, and

 

the judge shall proceed in the same manner as is provided in

 

section 7b of Act No. 91 of the Public Acts of 1970.

     <<Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 420 of the 93rd Legislature is enacted into law.>>