June 19, 2007, Introduced by Senators OLSHOVE, BARCIA, JANSEN, JACOBS, PAPPAGEORGE, HARDIMAN and BIRKHOLZ and referred to the Committee on Families and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2832 (MCL 333.2832), as amended by 1996 PA 307,
and by adding section 2832a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2832. (1) When a new certificate of live birth is
established, the actual place and date of birth shall be shown. The
new certificate shall be substituted for the original certificate
of live birth. Thereafter, the original certificate and the
evidence of adoption or sex designation are not subject to
inspection except as otherwise provided in section 2832a or 2882(2)
or (3) or upon a court order. Evidence in support of other birth
record changes is subject to inspection as provided in sections
2882 and 2883.
(2) Upon receipt of notice of annulment of adoption or a copy
of an order of rescission, the original certificate of live birth
shall be restored to its place in the files. The certificate
created under subsection (1) is not subject to inspection except
upon a court order.
(3) If a certificate of live birth is not on file for the
individual for whom a new live birth certificate is to be
established under section 2831, a new live birth certificate may be
prepared on the delayed birth certificate form in use at the time
of adoption, legitimation, or paternity determination.
(4) When a new certificate of live birth is established by the
state registrar, all copies of the original certificate of birth in
the custody of a custodian of permanent records in this state shall
be sealed from inspection or forwarded to the state registrar, as
the state registrar directs.
Sec. 2832a. (1) An adopted individual who was born in this
state and who is 21 years of age or older may obtain a certified
copy of his or her original certificate of live birth that was
sealed from inspection under section 2832. Upon receipt of a
written application, the state registrar shall issue to the adopted
individual a certified copy of his or her original certificate of
live birth. A copy of the original certificate of live birth
provided under this section shall have the phrase prescribed in
section 2882(4) marked on the face of the copy. Except as otherwise
provided in this section, the procedures applicable to an applicant
for a certified copy of live birth under this part and the fees
prescribed in section 2891 apply to an adopted individual who
requests a certified copy of his or her original certificate of
live birth under this section.
(2) At any time, a birth parent of an adopted individual who
was born in this state may submit to the state registrar a contact
preference form. Upon receipt of a contact preference form from a
birth parent under this subsection, the state registrar shall match
the contact preference form with the adopted individual's sealed
record and shall file the contact preference form with the original
certificate of live birth that was sealed from inspection under
section 2832. A contact preference form that has been submitted by
a birth parent to the state registrar under this subsection is
confidential and shall be placed in the adopted individual's sealed
file until issued as provided in this subsection. If a certified
copy of an adopted individual's original certificate of live birth
is issued under subsection (1), the state registrar shall also
issue to the adopted individual a copy of the contact preference
forms in the file at the time of issuance. The department shall
prescribe the contact preference form, which form shall include the
following information to be completed at the option of the birth
parent:
(a) I would like to be contacted.
(b) I would prefer to be contacted only through a confidential
intermediary as provided in section 68b of chapter X of the probate
code of 1939, 1939 PA 288, MCL 710.68b.
(c) I prefer not to be contacted at this time. If I decide
later that I would like to be contacted, I will register with the
central adoption registry established under section 27b of chapter
X of the probate code of 1939, 1939 PA 288, MCL 710.27b. I have
completed an updated medical history as part of this contact
preference form.