9.8Accessibility of Identifying Information
MCL 710.68 governs the accessibility of identifying information. “An employee or agent of a child placing agency, a court, or the department, who intentionally releases identifying information in violation of [MCL 710.68], is guilty of a misdemeanor.” MCL 710.68(16). For a discussion on the compilation of identifying information, see Section 9.2, and a list of the identifying information to be compiled, see Section 5.5(B) (temporary placements) and Section 6.5(B) (formal placements).
“A child placing agency, a court, and the department may require a fee for supplying information under [MCL 710.68]. The fee shall be $60.00 or the actual cost of supplying the information, whichever is less. The child placing agency, court, or department may waive a part or all of the fee in case of indigency or hardship.” MCL 710.68(18).
The release of identifying information applies to stepparent and relative adoptions. MCL 710.27(6); MCL 710.68(17).
“Upon receipt of a written request for identifying information from an adult adoptee,[1] a child placing agency, a court, or the department, if it maintains the adoption file for that adoptee, shall submit a clearance request form to the central adoption registry. Within 28 days after receipt of a clearance reply form from the central adoption registry, the child placing agency, court, or department shall notify the adoptee in writing of the identifying information to which the adoptee is entitled under [MCL 710.68(6)] or [MCL 710.68(7)], or, if the identifying information cannot be released under those subsections, the reason why the information cannot be released. The child placing agency, court, or department shall retain a copy of the notice sent to the adult adoptee.” MCL 710.68(5). For information on clearance request and reply forms, see Section 9.3(C).
“If a child placing agency, a court, or the department provides an adoptee with the name of 1 of the adoptee’s former parents, that child placing agency, court, or department shall notify the [Department of Health and Human Services] of that fact. Upon receipt of notification by the child placing agency, court, or department, the [Department of Health and Human Services] shall ensure that the original birth certificate on file for the adoptee has been sealed and that a new birth certificate has been prepared in conformance with [MCL 710.67].” MCL 710.68(15). For information on issuing an adoptee a new birth certificate, see Section 6.11.
1.Termination of Parental Rights Before May 28, 1945
If parental rights were terminated before May 28, 1945 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, the child placing agency, court, or department that made the clearance request for information from the central adoption registry “shall deliver to the adult adoptee a copy of the clearance reply form it received from the central adoption registry.” MCL 710.68(9).
If parental rights were terminated before May 28, 1945 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, then a child placing agency, a court, or the department must release to the adult adoptee:
(1) the identifying information compiled under MCL 710.27(3) containing:
“(a) Name of the child before placement in adoption.
(b) Name of each biological parent at the time of termination of parental rights.
(c) The most recent name and address of each biological parent.
(d) Names of the biological siblings at the time of termination.”
(2) any additional information set out in MCL 710.27b that the central adoption registry has on file.2 MCL 710.68(7).
However, if a former parent filed a denial of consent for release of identifying information with the central adoption registry, an adult adoptee is not entitled to:
(1) that parent’s name at the time of parental termination compiled under MCL 710.27(3)(b).
(2) that parent’s current name and address compiled under MCL 710.27(3)(c). MCL 710.68(7).
A former parent’s denial of consent for the release of identifying information is no longer effective once that parent is deceased. MCL 710.68(7).
b.Accessing Original Birth Certificate
If parental rights were terminated before May 28, 1945 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, an adult adoptee may use the clearance reply form he or she received from the child placing agency, court, or department to obtain a copy of the adult adoptee’s original birth certificate under MCL 333.2882. MCL 710.68(9).
2.Termination of Parental Rights Between May 28, 1945 and September 11, 1980
If parental rights were terminated between May 28, 1945 and September 11, 1980, then a child placing agency, a court, or the department must release to the adult adoptee or to a confidential intermediary appointed under MCL 710.68b the identifying information set out in MCL 710.27(3) and any additional information set out in MCL 710.27b that the central adoption registry has on file3 in the following manner:
(1) If both former parents filed consents to release identifying information or are deceased, the adult adoptee is entitled to the following identifying information:
“(a) Name of the child before placement in adoption.
(b) Name of each biological parent at the time of termination of parental rights.
(c) The most recent name and address of each biological parent.
(d) Names of the biological siblings at the time of termination.”
(2) If one former parent filed a consent to release or is deceased, the adult adoptee is entitled to the following identifying information:
(a) His or her name before the adoption placement;
(b) That former parent’s name at the time parental rights were terminated;
(c) That former parent’s current name and address; and
(d) The names of any biological siblings at the time of parental rights termination.
(3) If a confidential intermediary appointed under MCL 710.68b presents a certified copy of the order of appointment, the confidential intermediary is entitled to all of the identifying information compiled under MCL 710.27(3) and any additional information to assist the intermediary in locating former family members.4 The child placing agency or the department may release the identifying information to the court for release to the confidential intermediary. MCL 710.68(6). See also MCL 710.27(3).
Where the adoption record does not indicate that a former parent filed a consent to release identifying information, the court must look at MCL 710.67 authorizes the release of identifying information may “only . . . if the court finds ‘good cause’”; to find good cause, the court must balance the adoptee’s interests, the biological parents’ interests, and the state’s interests. In re Dixon, 116 Mich App 763, 767-768 (1982). See also In re Hanson, 188 Mich App 392, 393-394, 397 (1991) (where parental rights were terminated between May 28, 1945 and September 11, 1980 and the adoption record did not indicate that the biological mother filed a consent to release identifying information, the adult adoptee “demonstrated good cause as a matter of law for the release of any information regarding her biological mother which could assist in establishing her tribal affiliation”).
Note: “[I]n cases in which the biological parents have not consented [to the release of identifying information and the court finds good cause to release the information exists], the manner in which that information is released should be tailored to best protect the privacy rights of the biological parents.” Hanson, 188 Mich App at 398, citing Dixon, 116 Mich App at 768-769.
b.Accessing Original Birth Certificate
If parental rights were terminated between May 28, 1945 and September 11, 1980, the release of an adult adoptee’s original birth certificate is by court order. See the Michigan Department of Health and Human Services (MDHHS), Closed Adoption Records.
3.Termination of Parental Rights After September 11, 1980
If parental rights were terminated after September 11, 1980 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, then the child placing agency, court, or department that made the clearance request for information from the central adoption registry “shall deliver to the adult adoptee a copy of the clearance reply form it received from the central adoption registry.” MCL 710.68(9).
MCL 710.68(9) “does not apply to adoptions in which the former parents’ parental rights were terminated under [the Safe Delivery of Newborns Law, MCL 712.1 et seq,].” MCL 710.68(9).
If parental rights were terminated after September 11, 1980 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, a child placing agency, a court, or the department must release to the adult adoptee:
(1) the identifying information compiled under MCL 710.27(3) containing:
“(a) Name of the child before placement in adoption.
(b) Name of each biological parent at the time of termination of parental rights.
(c) The most recent name and address of each biological parent.
(d) Names of the biological siblings at the time of termination.”
(2) any additional information set out in MCL 710.27b that the central adoption registry has on file. MCL 710.68(7).
However, if a former parent filed a denial of consent for release of identifying information with the central adoption registry, an adult adoptee is not entitled to:
(1) that parent’s name at the time of parental termination compiled under MCL 710.27(3)(b).
(2) that parent’s current name and address compiled under MCL 710.27(3)(c). MCL 710.68(7).
A former parent’s denial of consent for the release of identifying information is no longer effective once that parent is deceased. MCL 710.68(7).
MCL 710.68(7) “does not apply to adoptions in which the former parents’ rights were terminated under [the Safe Delivery of Newborns Law, MCL 712.1 et seq,] unless the former parent has filed a statement with the central adoption registry consenting to the release of identifying information.”
b.Accessing Original Birth Certificate
If parental rights were terminated after September 11, 1980 and a former parent did not file a denial of consent for release of identifying information with the central adoption registry, then an adult adoptee may use the clearance reply form he or she received from the child placing agency, court, or department to obtain a copy of the adult adoptee’s original birth certificate under MCL 333.2882. MCL 710.68(9).
MCL 710.68(9) “does not apply to adoptions in which the former parents’ parental rights were terminated under [the Safe Delivery of Newborns Law, MCL 712.1 et seq,].” MCL 710.68(9).
B.Release of Biological Sibling’s Identifying Information to Adult Adoptee
“Upon receipt of a written request from an adult adoptee for the name and address of an adult former sibling,[5] a child placing agency, a court, or the department, if it maintains the adoption file for that adoptee, shall submit a clearance request form to the central adoption registry. Within 28 days after receipt of a clearance reply form from the central adoption registry, the child placing agency, court, or department shall notify the adoptee in writing of the name and address of an adult former sibling whose statement was forwarded by the central adoption registry.” MCL 710.68(8). For information on clearance request and reply forms, see Section 9.3(C).
C.Release of Adult Adoptee’s Identifying Information to Former Parent or Adult Former Sibling
“Within 63 days after a request for identifying information about an adult adoptee is received,[6] a child placing agency or court or the department shall provide in writing to the former parent or adult former sibling requesting the information the adult adoptee’s most recent name and address if the adult adoptee has given written consent to release of the information according to [the Adoption Code].” MCL 710.68(2).
If the adult adoptee has not given written consent to the release of identifying information:
•“the child placing agency, the court, or the department shall, upon presentation of a certified copy of the order of appointment, give the adult adoptee’s name and address to a confidential intermediary appointed under [MCL 710.68b7], together with any other information in its possession that would help the confidential intermediary locate the adult adoptee. At the option of the child placing agency or the department, the information may be released to the court for release to the confidential intermediary.” MCL 710.68(2).
•release the identifying information on a good cause showing. In re Creed, 126 Mich App 32, 37 (1983).
D.Release to Direct Descendant
If an adult adoptee is deceased, the adoptee’s direct descendant may request the identifying information. MCL 710.68(19). The child placing agency, the department, or the court must release to the direct descendant any information to which the deceased adult adoptee would have been entitled. Id.
“A child placing agency, a court or the department shall permit the child advocate to inspect adoption records in its possession in connection with an investigation authorized under the [Office of the Child Advocate Act, MCL 722.921-MCL 722.932]. The child advocate shall not disclose information obtained by an inspection under [MCL 710.68]. If the child advocate requires further information from an individual whose identity is protected in closed adoption records, the child advocate shall contact the individual discreetly and confidentially. The child advocate shall inform the individual that the individual’s participation in the investigation is confidential, is strictly voluntary, and will not alter or constitute a challenge to the adoption. The child advocate shall honor the individual’s request not to be contacted further.” MCL 710.68(20). For additional information on the child advocate, see MCL 722.923.
1 See the DHHS form Request by Adult Adoptee For Identifying Information. The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
2 For information on information on the central adoption registry, see Section 9.3.
3 For information on the central adoption registry, see Section 9.3.
4 For information on a confidential intermediary appointed under MCL 710.68b, see Section 9.10.
5 See the DHHS form Request by Adult Adoptee for Identifying Information. The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
6 See the DHHS form Release of Information Authorization Adult Adoptee. The link to this resource was created using Perma.cc and directs the reader to an archived record of the page.
7 For information on a confidential intermediary appointed under MCL 710.68b, see Section 9.10.