MICHIGAN

DENIES UNRESTRICTED ACCESS TO OBC (Adoptees must join registry; tiered access and processes)

 

Who May Access Information
Citation: Comp. Laws § 710.68
Nonidentifying information may be provided to:
• The adult adopted person
• The adoptive parents
• Birth parents and adult birth siblings
Identifying information may accessed by the birth parent, adult adopted person, and an adult former sibling.

 

Access to Original Birth Certificate
Citation: Comp. Laws § 333.2882
A copy of the original birth certificate may be provided to the adult adopted person upon request when accompanied by a copy of a
central adoption registry clearance reply form or by court order.  [Michigan requires the use the registry to determine whether or not an adoptee will receive identifying information, which does not include the OBC.  Depending on the adoptee’s date of birth, a birth parent may deny access to identifying information or withhold access by remaining silent.  In both of those cases, no identifying information will be released to the adoptee, except by court order.  Regardless of when the adoptee was born, they must first participate in the registry for permission to obtain identifying information.

• Adoptees born on or after May 28, 1945 and before September 12, 1980 do not have access to their OBC except by court order. The registry may be used to discover identifying information, which does not include access to the OBC.

• Adoptees born before May 28, 1945 have conditional access to their OBC, only if a birth parent does not veto the disclosure of identifying information, otherwise access is denied. 

•  Adoptees born on or after September 12, 1980 have conditional access to their OBC, only if a birth parent does not veto the disclosure of identifying information, otherwise access is denied. 

If an adoptee born outside of the years of exclusion is successful in the registry, the registry provides a form to the adoptee to complete and provide to the court requesting their OBC.]

 

Access to Non-identifying Information
Citation: Comp. Laws § 710.68; 710.27
Within 63 days of a written request, the following information must be provided:
• The date and place of the child’s birth
• The health and genetic history of the child, including prenatal care, condition at birth, and any drug taken by the child’s
mother during pregnancy
• Any subsequent medical, psychological, psychiatric, or dental examination done when the child was under the jurisdiction of
the court
• Any neglect or physical, sexual, or emotional abuse suffered by the child
• A record of any immunizations and health care the child received while in foster care
• The health and genetic history of the child’s birth parents and other members of the child’s family
• The findings of any medical, psychological, or psychiatric evaluation of each parent at the time of placement
• If a parent is deceased, the cause of and the age at death
• A description of the child and the child’s family of origin, including:
» The first name of the child at birth
» The age and sex of birth siblings
» The child’s educational background and any special educational needs
» The child’s racial, ethnic, and religious background
» A general description of the child’s parents
• The child’s past and existing relationship with any relative, foster parent, or other individual or facility
• The levels of educational, occupational, professional, athletic, or artistic achievement of the child’s family
• Hobbies, special interests, and school activities of the child’s family

Access to Adoption Records
• Length of time between the termination of parental rights and adoptive placement and whether the termination was voluntary
or court-ordered
• Any information necessary to determine the child’s eligibility for State or Federal benefits, including financial, medical, or
other assistance

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Mutual Access to Identifying Information
Citation: Comp. Laws §§ 710.27a; 710.68
A birth parent or adult former sibling who knows the birth name of the adopted person may file with the central adoption registry
a statement consenting to or denying the release of the identifying information about that parent. The statement may be filed,
updated, or revoked at any time.
Within 63 days after a request for identifying information about an adult adopted person is received, a child-placing agency, court,
or the Department of Human Services shall provide in writing to the birth parent or adult birth sibling requesting the information
the adult adopted person’s most recent name and address, if the adult adopted person has given written consent to release the
information. If written consent is not on file, a confidential intermediary may be used to locate the adult adopted person.
Upon a written request for identifying information from an adult adopted person, including a request for the name and address of
an adult birth sibling, the agency, court, or department shall submit a clearance request form to the central adoption registry. After
receipt of a clearance reply form from the central adoption registry, the agency or department shall notify the adopted person in
writing of the identifying information to which the adopted person is entitled, or, if the identifying information cannot be released,
the reason why the information cannot be released.
For adoptions finalized between May 28, 1945, and September 12, 1980, identifying information shall be released to the adult
adopted person on each birth parent who has consented to the release, or both birth parents if both have consented or if one or
both parents are deceased. For adoptions finalized before May 28, 1945 or after September 12, 1980, identifying information may
be released to an adult adopted person, unless the birth parent has filed a statement currently in effect with the central adoption
registry denying consent to have identifying information released.

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Where the Information Can Be Located
Michigan Confidential Intermediary Program, Michigan Department of Human Services

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