Delayed Registration of Birth

6.10Delayed Registration of Birth

“When a resident of this state adopts a child whose birth occurred outside the United States, a territory of the United States, and Canada, the order of adoption issued by the probate court shall constitute a delayed registration of birth. The court order shall contain a statement of the date and place of birth.” MCL 326.38(1). “If the date and place of birth cannot be documented from foreign records, or a medical assessment of the development of a child indicates that the date of birth stated in immigration records is not correct, the court shall determine the facts, establish a date and place of birth, and issue a delayed registration of birth.”¹ MCL 326.38(2). “The clerk of the court which issues a delayed registration of birth shall file a true copy of the order with the department of public health.”² MCL 326.38(4).

A court may also issue a delayed registration of foreign birth on an adoptive parent’s motion:³

“(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 [September 30, 1978,] may issue a delayed registration of birth for the adopted child as provided in subsection (1).

(4) A probate 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 new name shall be the legal name of the adopted child.” MCL 333.2830.

“The entire record for delayed registration of birth is confidential. Except as otherwise ordered by the court, only the legal parent or parents and the child may gain access to the confidential file, and no information relating to a confidential record, including whether the record exists, shall be accessible to the general public.” MCR 3.617.

¹ “Upon a petition of an adopted child whose birth occurred outside the United States, a territory of the United States, and Canada, or a petition of the child’s adoptive parent, the court which issued an order of adoption for that child before [June 18, 1976,] may amend its order for the purpose of issuing a delayed registration of birth.” MCL 326.38(3).

² “The department of public health shall forward a certificate of amendment to the United States immigration and naturalization service or the United States department of state with a request that the recipient agency correct its records accordingly.” MCL 326.38(4).