HOUSE BILL No. 4242

 

February 9, 2005, Introduced by Rep. Hummel and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 2830 (MCL 333.2830), as amended by 1994 PA 242.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2830. (1) If a child whose birth occurred outside the

 

United States, a territory of the United States, or Canada  ,  is

 

adopted by a resident of this state under the laws of this state or

 

under the laws of a foreign country, the probate court, on motion

 

of the adopting parent, may file a delayed registration of birth on

 

a form provided by the department. The delayed registration shall

 

contain the date and place of birth and other facts specified by

 

the department.

 

     (2) If the date and place of birth of a child described in

 


subsection (1) cannot be documented from foreign records or a

 

medical assessment of the development of the child indicates that

 

the date of birth as stated in the immigration records is not

 

correct, the court shall determine the facts and establish a date

 

and place of birth and may file a delayed registration of birth as

 

provided in subsection (1).

 

     (3) Upon the petition of a child adopted in this state whose

 

birth occurred outside the United States, a territory of the United

 

States, or Canada, or a petition of the child's adoptive parents,

 

the court that issued an order of adoption for that child before

 

the effective date of this section may issue a delayed registration

 

of birth for the adopted child as provided in subsection (1).

 

     (4) If the name of a child described in subsection (1) who was

 

adopted under the laws of a foreign country was not changed as part

 

of the foreign adoption process, the court may, at the request of

 

the adopting parent when filing a delayed registration of birth

 

under subsection (1), enter a new name for the child on the delayed

 

registration of birth. After the filing of a delayed registration

 

of birth that includes a change of name, the adopted child shall be

 

known and called by the new name.