9.10Confidential Intermediaries

A.Petition for Appointment

“An adult adoptee, an adoptive parent of a minor adoptee, or an adult child of a deceased adoptee may petition the court in which the final order of adoption was entered to appoint a confidential intermediary to search for and contact a former family member. A former family member may petition the court in which the final order of adoption was entered to appoint a confidential intermediary to search for and contact an adult adoptee or an adult child of a deceased adoptee.^[1] Upon receipt of a petition under this section, the court shall contact the central adoption registry to determine whether there is currently on file a statement from the individual being sought that denies consent to the release of identifying information.^[2] If no denial of consent is currently on file for that individual, the court shall by written order appoint as confidential intermediary an individual who meets the requirements of [MCL 710.68b(3)]. The court shall provide the confidential intermediary with a certified copy of the order of appointment.” MCL 710.68b(2).

B.Qualification Requirements

An individual may serve as a confidential intermediary after he or she has completed the required training, filed an oath of confidentiality, and been approved by the court. MCL 710.68b(3). For a list of approved confidential intermediaries, see the Child & Family Services of Michigan, Inc., website.

The oath of confidentiality must substantially state:

“I, . . . . . . . . . . , signing under penalty of perjury, affirm all of the following:

(a) I will not disclose to a petitioner, directly or indirectly, any identifying information in sealed records without written consent of the individual to whom the information pertains.

(b) I will conduct a reasonable search for an individual being sought. I will make a discreet and confidential inquiry as to whether the individual consents to the release of information to the petitioner, or to meeting or communicating with the petitioner, and I will report to the petitioner and the court the results of my search and inquiry.

(c) If the petitioner and the individual being sought consent in writing to meet or communicate with each other, I will act in accordance with the instructions of those persons and, if applicable, the instructions of the court to facilitate any meeting or communication between them.

(d) I will not charge or accept any fee for my services except for reimbursement from the petitioner for actual expenses incurred in performing my services, or as authorized by the court.

(e) I recognize that I may be subject to contempt of court sanctions and dismissal by the court if I permit the release of confidential information without authorization.”

C.Responsibilities

“A confidential intermediary shall make a reasonable search for an individual whose identity is sought by a petitioner under [MCL 710.68b]. The confidential intermediary shall first search the court records. If it is necessary to obtain information from an agency or the department, the confidential intermediary shall provide a certified copy of the order of appointment to the agency or the department before requesting the records.” MCL 710.68b(4).

1.Intermediary Locates the Sought Individual

“If the confidential intermediary locates the individual being sought, the intermediary shall discreetly and confidentially contact the individual to ascertain whether the individual is willing to release information to the petitioner or to meet or communicate with the petitioner. If the individual consents in writing to the release of information, the intermediary shall release the information to the petitioner. Upon the mutual written consent of the petitioner and the individual, the intermediary may facilitate a meeting or other communication between the petitioner and the individual. If the individual refuses to authorize the release of information sought by the petitioner, the intermediary shall report the refusal to the petitioner and the court. If an individual sought under this section is deceased, the intermediary shall report that fact to the petitioner and the court.” MCL 710.68b(4).

2.Intermediary Does Not Locate the Sought Individual

When the confidential intermediary fails to contact a former family member within six months of the confidential intermediary’s appointment, the adult adoptee may petition the court for release of the following information: ³

(1) his or her name prior to the adoption placement.

(2) the biological parents’ names at the time parental rights were terminated.

(3) the biological parents’ current names and addresses.

(4) the names of any biological siblings at the time of parental rights termination.

(5) any additional information the confidential intermediary obtained. MCL 710.68b(6); MCL 710.27(3).

Before the court conducts a hearing on the adult adoptee’s petition, the confidential intermediary must submit a written report describing “all efforts made to locate the former family member and all information obtained.” MCL 710.68b(6).

After the hearing on the petition, the court must do one of the following:

“(a) Order the confidential intermediary to search for another 6-month period.

(b) Appoint a new confidential intermediary to search for a 6-month period.

(c) Release to the adult adoptee the identifying information described in [MCL 710.27(3)] and any other information that the court considers appropriate, if the court finds that a diligent search has been made and that there is good cause to release the information. The court’s finding shall be made on the record.” MCL 710.68b(6).

D.Access to Original Birth Certificate

A confidential intermediary may request a copy of an adult adoptee’s original birth certificate:

“Upon written request of a confidential intermediary appointed under . . . MCL 710.68b, presentation of a certified copy of the order of appointment, identification of the name of the adult adoptee, and payment of the required fee, the state registrar shall issue to the confidential intermediary a copy of the original certificate of live birth of the adult adoptee on whose behalf the intermediary was appointed.” MCL 333.2882(3).

E.Compensation

“Except for a reasonable fee approved by the court and reimbursement for actual expenses incurred in performing services, a confidential intermediary shall not request or accept any money or other thing of value for serving as a confidential intermediary.”⁴ MCL 710.68b(5).

F.Dismissal of Confidential Intermediary

“The court may dismiss an intermediary if the intermediary engages in conduct that violates professional or ethical standards.” MCL 710.68b(2). A confidential intermediary may also be held in contempt of court for releasing identifying information without authorization. See MCL 710.68b(3)(e).