MI HB4648

Court must inquire into putative father's fitness and ability to care for child if he appears at hearing and requests custody, and shall terminate his rights if not in child's best interests.

Putative father's rights cannot be terminated if he established custodial relationship with child or provided substantial and regular support or care to mother during pregnancy or to mother/child within 90 days before hearing notice was served.

If parental rights are not terminated, court must terminate temporary placement, return custody to mother or guardian, and deny the adoption order.

Mother or guardian's execution of consent to relinquish parental rights and seek putative father's rights termination cannot be used against them in subsequent child custody proceedings.

When mother's parental rights are terminated and custody awarded to putative father, court shall legitimize the child; clerk collects $35 fee ($9 retained, $26 to Department of Community Health) and files written report of the legitimization order.