Families take many shapes and forms, especially these days. Sometimes a less traditional domestic arrangement can lead to interesting questions, like “Can unmarried parents get a stepparent adoption”? Whether your goal is family planning or securing your parental rights, understanding the limits of Michigan family law can help you make wise choices for your loved ones, married or otherwise.

What is a Stepparent Adoption?

A stepparent adoption is one of several forms of adoption available to Michigan residents. It allows a custodial parent to submit a petition along with his or her spouse, allowing that spouse to step in as a legal parent in certain circumstances. Completing the process of a stepparent adoption gives a stepparent legal access to medical and educational information of the child, and the obligation to provide the child care and financial support. In addition, while children can't receive certain dependency benefits from stepparents (like VA benefits or disability benefits), they can be eligible after a stepparent adoption.

Can Unmarried Parents Get a Stepparent Adoption in Michigan?

The short answer to whether unmarried parents can get a stepparent adoption in Michigan is no.

Unlike many other states, Michigan does not allow for “second parent adoptions” where two adults adopt the same child regardless of their legal relationship to one another. Several attempts to pass laws to this effect over the years have failed. Instead, Michigan's stepparent adoption statute is very specific. It only applies when the custodial parent of the child is:

• Divorced from the child's other biological parent or
• Unmarried at the time the child was born, but the father has either acknowledge paternity or meets the adoption code's standard for a “do something” father, and
• Married to the stepparent petitioner, and
• In possession of a court order granting him or her custody of the child

The law specifically says the petitioner must be “that parent's spouse.” In other words, unmarried parents cannot get a stepparent adoption.

Alternatives to Stepparent Adoption

Even though unmarried parents cannot get a stepparent adoption in Michigan, there are other ways unmarried couples can engage in family planning.

Acknowledgment of Parentage

Michigan has allowed unmarried couples to sign Acknowledgments of Parentage for a long time. This form, usually signed at the hospital shortly after a child is born, establishes the legal relationship between a non-gestational parent (usually the father) and a child born outside of wedlock. The Acknowledgement says that both people recognize the parental relationship between a parent other than the gestational mother and the child.

Parents who have signed an Acknowledgement of Parentage can file a complaint for custody, parenting time, and child support without first proving a biological relationship to the child. While some parts of the Acknowledgment of Parentage act still contain gendered language (i.e. father), more recent amendments and cases make clear that the gestational mother's spouse or the person completing an Acknowledgment of Parentage can create a parent-child relationship with the child, regardless of their biological relationship.

Assisted Reproduction Agreements

Recent changes to the law have taken this one step further. Effective April 1, 2025, the Michigan legislature passed the Assisted Reproduction and Surrogacy Parentage Act. This new law allows parents engaging in IVF treatments or any other form of assisted reproduction to enter into a written agreement that dictates who the intended parents of children will be when they are born. There is no requirement that the intended parents in an assisted reproduction agreement be married, only that they intend to be the parents conceived through assisted reproduction technology.

This is a powerful tool for unmarried parents who are planning a family, but it is limited to children conceived after the agreement is entered by the intended parents. It does not apply to children who are already alive.

Powers of Attorney and Estate Planning

For unmarried parents of children unable to complete a stepparent adoption (or for stepparents of children whose non-custodial parents' rights cannot be terminated), there are also estate planning tools that can be used to share the custodial parent's authority with a domestic partner or other third party. By completing powers of attorney, HIPAA releases and other documentation, a custodial parent can authorize a third party to receive information and make decisions about the children on their behalf. That way an unmarried person acting as a co-parent can take the child to the doctor or have conversations with teachers. Custodial parents can also designate that person as a trusted adult with the child's school or childcare facility using their own internal procedures.

However, it is important to remember that if a child's parents have joint legal custody, those two custodial parents should be the ones calling the shots, not a non-parent third party. Custodial parents should not try to use estate planning documents to a child's legal parent out of the decision-making process. Doing so can hurt a parent's credibility when the Michigan family court judge considers how well each parent fosters the child's relationship with his or her other parent (one of the twelve best interest factors).

This option is also limited to sharing a parent's own authority. In the event a custodial parent dies, becomes incapacitated, or has his or her own rights to the child terminated, the paperwork they signed conveying that authority will end as well.

Co-Guardianships

Sometimes the unmarried adults seeking to adopt a child already had a connection to the child ahead of time. If a child's parents both die, or become unable to provide care, it may be up to relatives, godparents, or others close to the family to step in. While two unmarried people cannot adopt such children, they may be named co-guardians of the children, giving both adults authority to provide for the child's care and wellbeing. While a guardian does not have all the rights of a parent, and acts under the supervision of the Michigan probate court, it can be a viable option in some less-traditional family arrangements.

Get Help with Stepparent Adoption from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family, whatever shape it may take. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you determine if you qualify for a stepparent adoption, and consider your family planning options, to ensure your children are legally protected. Call us at 248-651-4114 or contact us here to speak to an attorney.