Michigan Adoptee Rights

Advocates and allied organizations supporting equal rights for all adopted people in Michigan

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FAQ: Michigan’s Adoptee Rights Bills

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Michigan legislators have introduced two bills that, if enacted, would restore the right of all Michigan-born adopted people to request and obtain their own original birth certificates (OBC), without discriminatory restrictions or conditions. Here’s what to know about those bills.

What are the bills and bill numbers?

There are two bills. HB5148 relates to vital records and, if enacted, will be known as “Deborah’s Law,” named after Rep. Kristian Grant’s mother, who is a Michigan-born adoptee.

HB5149 relates to the Michigan probate code, which deals with adoption law, courts, and the Central Adoption Registry.

What do these bills do?

Basically, the bills do two things:

  1. HB5148 amends Michigan vital records law so that all adult adopted persons and their descendants may request and obtain a copy of the adopted person’s original birth record. No restrictions control the request other than 1) the requestor must be an adult who is at least 18 years of age; 2) the requestor must be an adoptee or the descendant or personal representative of an adoptee; and 3) the proper vital records fee is paid. While the bill also creates a contact preference form available for birthparents to file, it is an optional form that does not control or affect the release of adopted person’s birth record.
  2. HB5149 eliminates court and Central Adoption Registry control over the release of an adopted person’s own vital record. In doing so it also eliminates Michigan’s notorious “donut hole” restriction that differentiates the rights of adopted people based on the date the court terminated their birthparent’s rights. While the bill retains birthparent denial requests for release of identifying information (not birth records), those denials cannot be filed after July 1, 2024. Further any denials already on file do “not restrict an individual from obtaining an unredacted copy of an original certificate of live birth . . . .”

Is this a bi-partisan effort?

Yes. Each bill has either a Democrat (Rep. Kristian Grant) or a Republican (Rep. Pat Outman) as primary sponsors.

These are “tie-bar” bills. What is a “tie-bar” bill?

Michigan allows introduction of two “tie-bar” bills. Tie-bar bills are connected and neither bill will be enacted if only one bill passes the legislature. The bills are “tied” together. For example, the bill language for HB5148 specifically states “This amendatory act does not take effect unless . . . House Bill No. 5149 (request no. 03439’23) of the 102nd Legislature is enacted into law.”

I heard that vital records may have trouble matching the amended birth record to the original birth record. Does this bill address that issue?

Yes. When vital records encounters an issue in matching the amended record information with the original birth record information, the department can request information from the courts to secure that match. The courts must respond to that request within 14 days. The relevant provision in HB5149 states:

Within 14 days after a request from the department of health and human services, the court that entered the order of adoption must provide the information necessary for the department of health and human services to locate and identify the original certificate of live birth of the adopted individual.

What is the contact preference form in the bill? and how does that affect the release of the original birth certificate?

A genuine contact preference form allows a birthparent listed on the original birth record to express a preference for any contact with the adopted person or the adopted person’s descendants. The forms typically have three choices, and none of the choices will impact the release of the original birth record. Those three choices in the bill include a wish for no contact, for direct contact, or contact through an intermediary.

Does the contact preference form affect the release of the original birth certificate?

No. The contact preference form does not affect the release of the OBC. It is considered advisory only and simply allows a birthparent to express a preference for contact. A completed and filed contact preference form does not prevent the release of the adopted person’s OBC in any way.

Will any information on the original birth record be changed or removed?

No. The bills do not allow for changing or removing (redacting) information on the original birth record.

Who else can apply for the OBC other than the adopted person?

A descendant or legal representative of the adopted person may also apply for a copy of the adopted person’s original birth record.

What are the next steps for these bills?

The bills passed the House 99-8 in November 2023 and are now in the senate, where they were heard by the Senate Committee on Civil Rights, Judiciary, and Public Safety. The committee has not yet voted on whether to report the bill out for consideration by the full senate.

Who is in the Michigan Adoptee Rights Coalition?

The three core partners of MARC are Adoptee Advocates of Michigan; Michigan Adoptee Collaborative; and the Adoptee Rights Law Center. You can read more about each one here.

Where can I read the text of the bills?

You can find the bills listed on the Michigan legislature bill page:

We also have a more thorough overview of each bill here.

Will you be updating this FAQ when necessary?

Of course. This FAQ will be updated as things develop or change. It was last updated on March 2, 2024.

HB5148 and HB5149: An Overview

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Michigan House Bills 5148 and 5149, introduced on October 17, are tie-bar bills that repeal and simplify Michigan’s overly complex and inequitable system that currently restricts adult adopted persons from requesting and obtaining their own vital records. The two bills together reflect current reality, where social media, genetics, genealogical records, and societal norms have rendered human secrecy impossible, impractical, and specifically discriminatory against adopted people.

Here’s what each bill does.

HB5148: Vital Records

  • HB5148 amends Michigan vital records law so that all adult adopted persons and their descendants may request and obtain a copy of the adopted person’s original birth record. Such requests are made and fulfilled directly through the state registrar, without the need to involve additional state agencies or the court.
  • Provides birthparents the option to file contact preference forms that inform adult adopted persons of the birth parents’ wishes concerning contact, whether contact directly,  through an intermediary, or a preference for no contact. Birthparents may revise their preferences for contact at any time by filing a new contact preference form with the Department of Health. The contact preference form, if filed, accompanies any copy of the original certificate of live birth provided to the adult adopted person or the adult adopted person’s descendant.
  • Provides a notice along with the copy of the original birth record informing the requestor of the existence of the central adoption registry and the potential availability of identifying information through use of the registry.
  • Allows adult heirs and legal representatives of the adopted person to request a copy of the original birth record on behalf of the adoptee if the adoptee is deceased. 

HB5149: Identifying Information and the Central Adoption Registry

  • Consistent with similar state laws across the country, HB5149 separates the operation of the state’s Central Adoption Registry, which facilitates sharing of contact and identifying information between birth family members, from the vital records office’s core function to provide birth and other vital records to qualified requestors and registrants. 
  • Makes release of identifying information through the Central Adoption Registry equal for all adult adoptees, no matter the date their birthparents terminated parental rights. This eliminates a current “donut hole” in the law that discriminates against adult adoptees whose birthparents’ parental rights were terminated on or after May 28, 1945, and before September 12, 1980. 
  • Concentrates on the core function of the Central Adoption Registry. CAR facilitates release of contact and reunion-related identifying information, specifically the most recent address of birthparents. Such identifying information, known as “contact information,” is provided only if it is available and it is not subject to a previously filed denial of release. It is not the same information that appears on an original birth record.
  • Preserves current denials of release for any denials filed prior to July 1, 2024. A denial of release, however, will not interfere with the adult adopted person’s ability to request and obtain a copy of their own original certificate of live birth through the separate vital records bill.
  • Requires courts, if necessary, to respond within 14 days to requests from the vital records office to assist in matching amended birth records with original birth records.
  • Makes adoption records public 100 years after the adopted person’s date of birth.
  • Requires the Department of Health and Human Services to make reasonable efforts to notify members of the public who may be affected by changes in the law, not only governing the release of identifying and non-identifying information but also an adoptee’s ability to request and obtain a copy of their own original certificate of live birth.

More Information and Resources

Right Now in Michigan: An Update

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Significant progress is being made to introduce a bill that will get rid of the state’s “donut hole” and restore the right of all Michigan-born adopted people to request and obtain their own original birth records, without discriminatory restrictions. Here’s where things stand right now— and what advocates should know as we move forward.

An Equal Rights Bill Is in Process

While HB4529 is already active in the Michigan legislature, it is not acceptable. We have, however, been working hard to introduce a genuine equal rights bill package that does one important thing: provides a copy of the original birth certificate to a Michigan-born adult adopted person upon request. In its current format, the package are two bills which are “tie-barred,” meaning each bill must be passed in order for both to be enacted. One tie-bar bill requires the vital records office to release the original birth certificate to an adult adopted person (and their descendants) while the second tie-bar bill removes the Central Adoption Registry from the process involving release of the original birth certificate. A coalition memo describing in general what the bills do is here, though parts of the bills may change after further input from the Department of Health and Human Services (MDHHS), the agency tasked with implementing any enacted birth record bills (see next section).

Next Steps: Where We Are Today

In the last week we received feedback from the MDHHS on the tie-bar bill package. The feedback has been constructive, and a majority of the suggested changes will not alter the bill. That is, even as the legislative drafting office addresses those changes, the bill package will remain an unrestricted equal rights package. One issue, however, needs more discussion to resolve. That issue relates to how easy or hard it is for the vital records office to match amended birth records with original birth records. This issue relates primarily to older amended birth records allegedly created by the courts, though the specific dates affected by this issue is not yet fully determined. The meeting to discuss this issue with the vital records office is now being scheduled. We are working as expeditiously as we can to come to an agreement on a equal rights bill that will meet the demands of all Michigan-born adult adoptees.

What You Can Do Right Now

Honestly, for the next 3-4 weeks there may not be a lot to do with direct advocacy and legislators. Legislators generally react to—and are controlled by—existing legislation. With an active bill at least a few weeks away, it only confuses legislators to talk about a bill that is not even available to review. Worse, it could activate opposition to the concept of an unrestricted equal rights bill and allow opposition to build more easily, even before a bill is introduced.

So our advice right now is to chill, but do one thing: if you are a Michigan resident let us know who represents you. And if you are a Michigan-born adoptee who lives in another state, let us know you are out there. This is the most important task for supporters right now.

LET US KNOW WHO REPRESENTS YOU

One Fundamental Difference Between DNA and an Adoptee’s Right to Identity

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Many legislators fail to realize today that continued state secrecy over a person’s own birth record often has one fundamental impact: it leads to far more public disclosure of the person’s birth and often does so within generations of a family, typically as a result of using inexpensive consumer DNA tests. Two illustrations demonstrate how this occurs.

1. When Michigan-Born Adult Adopted People Have the Right to Request and Obtain their Own Birth Records

Enacting a law in Michigan to restore the right to your own birth record will not lead to widespread disclosure of the facts about that birth. It instead makes the disclosure discreet and private because it provides the record to a single person: the registrant; i.e., the adopted person whose birth is recorded on the certificate. Here’s how such a law would work, using what’s known as a contact preference form:

2. When Michigan Denies Adoptees Their Own Birth Records – and Compels DNA Testing Instead

When a state doubles down on keeping a person’s own birth record a secret, it compels adopted people to use a number of alternative methods to secure information about their own identities. Those efforts could include hiring a private investigator, contacting and using a search angel, or submitting a relatively inexpensive DNA test. All of these methods ultimately lead to widespread and far more public disclosure of information. DNA, however, is not only is the easiest and least expensive of these methods but it also often leads to disclosure of the adoption to numerous biological relatives, including first cousins, aunts, uncles, and even siblings. When Michigan incentivizes DNA testing by locking down adoptee birth records, the result is the complete evisceration of privacy for everyone involved, particularly birthparents:

The coalition is now working on a bill that will restore a right all Michigan-born adopted people once had: the right to request and obtain your own birth record, without discriminatory denials and restrictions. Expect more information about that bill in the early Fall.

Additional Resources

Hey, Michiganders, You Can Do This

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As part of the annual Adoptee Rights National Week of Action, MARC partner Adoptee Rights Law Center is calling on all adopted people and their allies to contact their Congressional Representatives, specifically to ask for their support of the Equal Citizenship of Children Act. This includes you: Michigan residents.

The Equal Citizenship of Children Act would fix a loophole in current immigration law that denies US citizenship to thousands of intercountry adoptees who are too old to acquire automatic citizenship under current law. Some adoptees have also been deported because they lack US citizenship, despite being adopted by US citizen parents.

You can help out as a Michigan resident and constituent. If you live in a different state, go to the National Week of Action page here. This one (outlined below) is focused specifically on Michigan representatives and Michigan residents.

Contact Your Michigan Representative Today

What to Do and Say. Call or email your representative’s office and indicate that you support fixing US citizenship for intercountry adoptees who lack that citizenship. Explain the reasons why fixing this problem is long overdue and why it is important to you. Finally, ask that the representative support the Equal Citizenship for Children Act (HR1386), which is currently pending in Congress. Here is a sample message:

I live in [town/city]. I am an [adoptee/birthparent/adoptive parent/ally] and your constituent. I ask that you support the Equal Citizenship for Children Act (HR1386), now pending in Congress. This bill would provide US citizenship for all intercountry adopted people brought to the United States through adoption. Too many intercountry adoptees still today lack US citizenship because of a loophole in current law. It’s time to fix this loophole. Please let me know that I have your support. Let me know your position on HR1386.

To send the email, click on the Go link next to your representative’s contact information. You should receive a contact form that the representative’s office uses (and most forms ask you to enter your address to verity that you are a constituent). Use that form to provide your opinion on US citizenship for all intercountry adoptees and why it is important for you as a constituent that the Equal Citizenship for Children Act be enacted. Make sure you ask your representative to support the bill and to let you know the representative’s position on the bill. Also, consider Tweeting a message to the representative (see below).

Michigan Representatives: Contact Information

Note: Representatives in bold with an * next to their names are a current co-sponsor of the Equal Citizenship for Children Act. If that is your representative, please contact them and thank them for their support while also requesting information on the current status of the bill. If you don’t know who your specific Michigan representative is, you can get that information here.

RepresentativeStatePartyPhoneContact
Jack BergmanMichiganR(202) 225-4735Go
Debbie DingellMichiganD(202) 225-4071Go
Bill HuizengaMichiganR(202) 225-4401Go
John JamesMichiganR(202) 225-4961Go
Daniel T. KildeeMichiganD(202) 225-3611Go
Lisa C. McClainMichiganR(202) 225-2106Go
John R. MoolenaarMichiganR(202) 225-3561Go
Hillary J. ScholtenMichiganD(202) 225-3831Go
Elissa SlotkinMichiganD(202) 225-4872Go
Haley M. StevensMichiganD(202) 225-8171Go
Shri ThanedarMichiganD(202) 225-5802Go
Rashida Tlaib*MichiganD(202) 225-5126Go
Tim WalbergMichiganR(202) 225-6276Go

Bonus Action: Share/Tweet to Your US Representative

Find your US representative below (they are sorted alphabetically) and copy and paste the suggested tweet into your Twitter feed. Note: suggested tweets are modified depending on whether the representative already sponsors or supports citizenship for intercountry adoptees. You can omit the link if you want and add your own image. Some sample images are provided below.

Rep. Bergman (@RepJackBergman): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Dingell (@RepDebDingell): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Huizenga (@RepHuizenga): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. James (@RepJames): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Kildee (@RepDanKildee): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. McClain (@RepLisaMcClain): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Moolenaar (@RepMoolenaar): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Scholten (@RepScholten): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Slotkin (@RepSlotkin): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Stevens (@RepHaleyStevens): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Thanedar (@RepShriThanedar): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

Thank you, @RepRashida, for your sponsorship of #HR1386, which fixes a loophole in federal law denying US citizenship to thousands of intercountry adoptees, including Michigan constituents. We appreciate your support! https://adopteerightslaw.com/faq-adoptee-citizenship

Rep. Walberg (@RepWalberg): thousands of intercountry adoptees, including Michigan constituents, lack US citizenship today, despite being adopted as children by US citizen parents. Please support #HR1386, which fixes this. https://adopteerightslaw.com/faq-adoptee-citizenship

U.S. adoption policy has failed adoptees. Enact the Equal Citizenship for Children Act
Stop Deporting Adopted People. Enact the Equal Citizenship for Children Act

Advocates Launch the Michigan Adoptee Rights Coalition

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Two Michigan-based adoptee rights organizations, along with a nationally focused law center, have formed the Michigan Adoptee Rights Coalition to push for legislative change in the state, with an initial focus to restore the right of adult adopted people to obtain a copy of their own original birth certificates.

The coalition’s core partners include Adoptee Advocates of Michigan, Michigan Adoptee Collaborative, and Adoptee Rights Law Center. Additional core and strategic partners may be added to the coalition as advocacy work continues in the state.

Understanding my origin was my first step in healing. We all deserve the right to our own story, and I am honored to work with this wonderful group of adopted people,” said Valerie Lemieux, one of the founders of Adoptee Advocates of Michigan, a core partner in MARC. “I am excited for the opportunity to make important changes in Michigan for our adopted community.”

Michigan Adoptee Collaborative is led in part by Erica Curry Van Ee, an Ohio-born adoptee and long-time Michigander. Over the years Van Ee has developed close connections to Michigan legislators and has been working to educate them on the issue of original birth certificates for adult adopted people.

“As an adult adoptee who was denied access to my original birth certificate because of the year I was born, I have deep empathy for the discrimination faced by thousands of Michigan-born adoptees, ” Curry Van Ee said about her own experience in Ohio. ” It is unfathomable that adopted people continue to be denied the basic right to their vital record. Fortunately that is changing as more legislative leaders become aware that this important issue impacts millions of people in the United States.”

Advocates have been meeting in the past few months with Michigan legislators, including the author of HB4529, to craft a bill that would restore a right every Michigan-born adult adopted person once had: the right to request and obtain your own original birth certificate. While the bill is still in the works, it promises to be introduced with broad bipartisan support.

Michigan currently uses an overly complex and discriminatory intermediary system that was built on a now repealed Minnesota law. Under current law, the release of an OBC largely depends on when a person was adopted and whether any listed birthparents have consented or refused to release their contact information. Caught up in that intermediary process is one piece of paper: the adoptee’s original birth record, which for most Michigan-born adoptees cannot be released without a court order.

“Michigan is one of two ‘donut hole’ states in the country, where the date you were born or adopted determines whether you get your own birth record at all,” said Gregory Luce, the founder of core partner Adoptee Rights Law Center. “Unlucky Michigan-born adoptees who fall into that donut hole—basically anyone adopted between the years of 1945 and 1980—get nothing unless they successfully petition a Michigan court to release the OBC.”

Sign up below to be part of the Michigan effort, especially if you are a Michigan resident or Michigan-born adopted person.

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