Michigan Adoptee Rights Coalition

Michigan is considered a Compromised State, meaning adult adopted people cannot secure a copy of their own original birth certificate without a court order or without going through a complex discriminatory intermediary system.

Michigan is considered one of the most complicated adoptee rights states in the country. It is one of two “donut hole” states (Arizona is the other) that eliminates rights for people whose adoptions occurred between specific dates in 1945 and 1980. Others outside of the “donut hole” can obtain their own original birth records but the requests are subject to denials from birthparents as well as the requirement to use a complex bureaucratic process using the state’s “Central Adoption Registry.”

Illustration of Current Law

The following an illustration of the current process for a Michigan-born adult adopted person to get (or be denied) a copy of their own original birth certificate. Illustration courtesy of MARC core partner Adoptee Rights Law Center.

Text of Current Law

The following are relevant excerpts of Michigan’s complex law related to vital records and identifying information, including how the state and the Central Adoption Registry controls and restricts the release of an adopted person’s own original birth record.

Vital Records and Birth Certificates

Relevant parts of Michigan vital records law. The entire Michigan vital records statute is available here.

333.2803 Definitions; A to F [partial]
(1) “Abortion” means that term as defined in section 17015.

(2) “Allowable individual” means an individual who is the subject of a birth record that is only available through the office of the state registrar and who meets any of the following:

(a) He or she was born in the jurisdiction of the office of the local registrar where the certified copy of the birth record is being sought.

(b) If the individual was adopted, his or her adoption was ordered by a probate court that is located in the jurisdiction of the office of the local registrar where the certified copy of the birth record is being sought.

333.2822 Individuals required to report live birth occurring in state; “surrender” defined
(1) The following individuals shall report a live birth that occurs in this state:

(a) If a live birth occurs in an institution or enroute to an institution, the individual in charge of the institution or his or her designated representative shall obtain the personal data, prepare the certificate of birth, secure the signatures required by the certificate of birth, and file the certificate of birth with the local registrar or as otherwise directed by the state registrar within 5 days after the birth. The physician or other individual in attendance shall provide the medical information required by the certificate of birth and certify to the facts of birth not later than 72 hours after the birth. If the physician or other individual does not certify to the facts of birth within 72 hours, the individual in charge of the institution or his or her authorized representative shall complete and certify the facts of birth.

(b) If a live birth occurs outside an institution, the record shall be prepared, certified, and filed with the local registrar by 1 of the following individuals in the following order of priority:

(i) The physician in attendance at or immediately after the live birth.
(ii) Any other individual in attendance at or immediately after the live birth.
(iii) The father, the mother, or, in the absence of the father and the inability of the mother, the individual in charge of the premises where the live birth occurs.

(c) If a newborn is surrendered under the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, the live birth shall be reported in the same manner as provided in subdivision (a), except that the parents shall be listed as “unknown” and the newborn shall be listed as “Baby Doe”.

(d) If a live birth occurs during an attempted abortion and the mother of the newborn has expressed a desire not to assume custody and responsibility for the newborn by refusing to authorize necessary life-sustaining medical treatment, the live birth shall be reported as follows:

(i) If the attempted abortion took place in an institution, the live birth shall be reported in the same manner as provided in subdivision (a), except that the parents shall be listed as “unknown” and the newborn shall be listed as “Baby Doe”.

(ii) If the attempted abortion took place outside an institution, the live birth shall be reported in the same manner as provided in subdivision (b), except that the parents shall be listed as “unknown” and the newborn shall be listed as “Baby Doe”.

(2) As used in this section, “surrender” means that term as defined in section 1 of the safe delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1.

333.2825 Assuming custody of live born child of unknown parentage; form, contents, and filing of report; place of birth; report as birth registration; sealing and opening of report
(1) A person who assumes custody of a live born child of unknown parentage shall report on a form and in a manner prescribed by the state registrar the following information:

(a) The date and place of finding the child.
(b) The sex and approximate birth date of the child.
(c) The name and address of the person or institution with whom the child is placed for care.
(d) The name given to the child by the custodian of the child.
(e) Other data required by the state registrar.

(2) The report shall be filed in the manner prescribed by the state registrar not later than 5 days after the person assumes custody.

(3) The place where the child is found shall be entered as the place of birth.

(4) A report made under this section constitutes the birth registration for the child.

(5) If the child is identified and a birth registration is found or obtained, a report registered under this section shall be sealed and may be opened only by order of a court of competent jurisdiction or as provided by rule.

333.2829 Report of adoption; form; contents; report when adoption order amended, annulled, or rescinded; duty of probate register or clerk; requirements of birth certificate issued to adopted individual.
(1) For each adoption ordered by the probate court in this state, the court shall prepare a report of adoption on a form prescribed and furnished by the state registrar. The report shall:

(a) Include the facts necessary to locate and identify the certificate of live birth of the individual adopted.
(b) Provide information necessary to establish a new certificate of live birth of the individual adopted.
(c) Identify the adoption order.
(d) Be certified by the probate register or clerk.

(2) When an adoption order is amended, annulled, or rescinded, the court shall prepare a report which shall include the facts necessary to identify the original adoption report and the facts amended in the adoption order necessary to properly amend the birth record. The report of a rescission of adoption shall include the current names and addresses of the petitioners.

(3) Not later than the tenth day of the calendar month, the probate register or clerk shall forward:

(a) To the state registrar, reports of adoption orders, and amendments, annulments, and rescissions of the orders, entered during the preceding month for individuals born in this state.

(b) To the appropriate registration authority in another state, the United States department of state, or the United States immigration and naturalization service, reports of adoption orders, and amendments, annulments, and rescissions of the orders, entered during the preceding month for individuals born outside this state.

(4) A birth certificate issued to an adopted individual shall conform to the requirements of sections 67 and 68 of chapter X of Act No. 288 of the Public Acts of 1939, as amended, being sections 710.67 and 710.68 of the Michigan Compiled Laws.

333.2830 Adoption of child born outside United States, territory of United States, or Canada; filing, form, and contents of delayed registration of birth; petition for issuance of delayed registration of birth; entering change of name.
(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 the effective date of this section 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.

Section 333.2831 New certificate of birth; establishment; requirements.
The state registrar shall establish a new certificate of birth for an individual born in this state when the registrar receives the following:

(a) A report of adoption as provided in section 2829, a report of adoption prepared and filed under the laws of another state or foreign country, or a certified copy of the adoption order, together with the information necessary to identify the original certificate of birth and to establish a new certificate of live birth. However, a new certificate of live birth shall not be established if so requested by the court ordering the adoption; the adopting parent; or the adoptee, if the adoptee is an adult.

(b) A request that a new certificate be established and the evidence required by the department proving that the individual’s paternity has been established.

(c) A request that a new certificate be established to show a sex designation other than that designated at birth. The request shall be accompanied by an affidavit of a physician certifying that sex-reassignment surgery has been performed.

Section 333.2832. New certificate of birth; actual place and date of birth to be shown; substitution for original certificate; inspection; restoration of original certificate upon notice of annulment or rescission of adoption; preparing new certificate on delayed birth certificate form; sealing or forwarding original certificate
(1) When a new certificate of live birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of live birth. Thereafter, the original certificate and the evidence of adoption or sex designation are not subject to inspection except as otherwise provided in section 2882(2) or (3) or upon a court order. Evidence in support of other birth record changes is subject to inspection as provided in sections 2882 and 2883.

(2) Upon receipt of notice of annulment of adoption or a copy of an order of rescission, the original certificate of live birth shall be restored to its place in the files. The certificate created under subsection (1) is not subject to inspection except upon a court order.

(3) If a certificate of live birth is not on file for the individual for whom a new live birth certificate is to be established under section 2831, a new live birth certificate may be prepared on the delayed birth certificate form in use at the time of adoption, legitimation, or paternity determination.

(4) When a new certificate of live birth is established by the state registrar, all copies of the original certificate of birth in the custody of a custodian of permanent records in this state shall be sealed from inspection or forwarded to the state registrar, as the state registrar directs.

Section 333.2882. Issuance of certain certified copies; request; fee; request of adopted adult or confidential intermediary; phrase to be marked on certificate provided under subsection (2) or (3)
(1) Except as otherwise provided in section 2890, upon written request and payment of the prescribed fee, the state registrar or local registrar shall issue the appropriate 1 of the following:

(a) A certified copy of a live birth record, an affidavit of parentage filed after June 1, 1997, or a certificate or other record of stillbirth filed after June 1, 2003 to 1 of the following:

(i) The individual who is the subject of the record.
(ii) A parent named in the record.
(iii) An heir, a legal representative, or a legal guardian of the individual who is the subject of the record.
(iv) A court of competent jurisdiction.

(b) If the live birth record is 100 or more years old, a certified copy of the live birth record to any applicant.

(c) A certified copy of a death record, including the cause of death, to any applicant.

(d) A certified copy of a marriage or divorce record to any applicant, except as provided by rule.

(e) A certified copy of a fetal death record that was filed before September 30, 1978, to any applicant.

(2) Upon written request of an adult who has been adopted and payment of the prescribed fee, the state registrar shall issue to that individual a copy of his or her original certificate of live birth, if the written request identifies the name of the adult adoptee and is accompanied by a copy of a central adoption registry clearance reply form that was completed by the family independence agency and delivered to that individual as required by section 68(9) of the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.68.

(3) Upon written request of a confidential intermediary appointed under section 68b of the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, 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.

(4) A copy of the original certificate of live birth provided under subsection (2) or (3) shall have the following phrase marked on the face of the copy: “This document is a copy of a sealed record and is not the active birth certificate of the individual whose name appears on this document”.

333.2891 Search for vital record; request; fee; official statement if record not located; verification of identity; fees for search, establishment, or registration; furnishing copies without charge; fees for creation of new vital records and corrections of vital records; additional fees; disposition of fees; system of fees for local registrars; vital records fund.
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(7) Upon formal application, the state registrar or a local registrar shall furnish a certified copy of a vital record without charge to a licensed child placing agency representing a child for adoption purposes. The state registrar or local registrar shall label a certified copy provided under this subsection with the following statement: “for adoption purposes only, not for personal use”.

Michigan Law: Identifying and Non-Identifying Information

Relevant portions of Michigan law related to adoptions and the Central Adoption Registry. The entire Michigan adoption code is available here.

710.27 Nonidentifying information to be provided prospective adoptive parent; time of submission; supplemental information; compilation; maintenance; transmission; destruction of information as misdemeanor; forwarding adoption records; adoptions to which section applicable; exchanging identifying information.
(1) Before placement of a child for adoption, a parent or guardian, a child placing agency, the department, or the court that places the child shall compile and provide to the prospective adoptive parent a written document containing all of the following nonidentifying information that is not made confidential by state or federal law and that is reasonably obtainable from the parents, relatives, or guardian of the child; from any person who has had physical custody of the child for 30 days or more; or from any person who has provided health, psychological, educational, or other services to the child:

(a) Date, time, and place of birth of the child including the hospital, city, county, and state.

(b) An account of the health and genetic history of the child, including an account of the child’s prenatal care; medical condition at birth; any drug or medication taken by the child’s mother during pregnancy; any subsequent medical, psychological, psychiatric, or dental examination and diagnosis; any psychological evaluation done when the child was under the jurisdiction of the court; any neglect or physical, sexual, or emotional abuse suffered by the child; and a record of any immunizations and health care the child received while in foster or other care.

(c) An account of the health and genetic history of the child’s biological parents and other members of the child’s family, including any known hereditary condition or disease; the health of each parent at the child’s birth; a summary of the findings of any medical, psychological, or psychiatric evaluation of each parent at the time of placement; and, if a parent is deceased, the cause of and the age at death.

(d) A description of the child and the child’s family of origin, including all of the following:

(i) Given first name of the child at birth.
(ii) The age and sex of siblings of the child.
(iii) The child’s enrollment and performance in school, results of educational testing, and any special educational needs.
(iv) The child’s racial, ethnic, and religious background, and a general description of the child’s parents, including the age of the child’s parents at the time of termination of parental rights, and the length of time the parents had been married at the time of placement.
(v) An account of the child’s past and existing relationship with any relative, foster parent, or other individual or facility with whom the child has lived or visited on a regular basis. The account shall not include names and addresses of individuals.
(vi) The levels of educational, occupational, professional, athletic, or artistic achievement of the child’s family.
(vii) Hobbies, special interests, and school activities of the child’s family.
(viii) The circumstances of any judicial order terminating the parental rights of a parent for abuse, neglect, abandonment, or other mistreatment of the child.
(ix) Length of time between the termination of parental rights and adoptive placement and whether the termination was voluntary or court-ordered.
(x) Any information necessary to determine the child’s eligibility for state or federal benefits, including financial, medical, or other assistance.

(2) Information required by subsection (1) that is unobtainable before temporary placement shall be submitted by the time of formal placement if reasonably obtainable. The information required by subsection (1) shall be supplemented by other nonidentifying background information that the parent or guardian, child placing agency, department, or court considers appropriate.

(3) A parent or guardian, the department, a child placing agency, or a court that places an adoptee under this chapter shall compile all of the following identifying information if reasonably obtainable:

(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.

(4) The information required by subsections (1) to (3) shall be maintained by the child placing agency, department, or court that places the child or, in the case of a direct placement by a parent or guardian, by the court that approves the placement. In a direct placement, the parent or guardian shall transmit the information required under subsections (1) to (3) to the court before the termination of parental rights. An employee or agent of a child placing agency, the court, or the department who intentionally destroys information required to be maintained under this section is guilty of a misdemeanor.

(5) If a child placing agency ceases to operate, the agency’s adoption records shall be forwarded to the department. A branch or associate agency of a child placing agency that ceases to operate shall forward its records to the central agency of the branch or associate agency.

(6) This section does not apply to a stepparent adoption or to the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.

(7) This section does not prevent a parent or guardian and prospective adoptive parent from exchanging identifying information or meeting pursuant to sections 23a and 23b.

710.27a. Statement consenting to or denying release of identifying information; statement providing notice that former parent deceased; statement releasing adult former sibling’s name and address; presumption of release of certain identifying information.
(1) A former parent, including a former parent whose parental rights were terminated under chapter XII of this act, may file with the central adoption registry a statement consenting to or denying the release of the identifying information about that parent specified in section 27(3)(b) and (c). The consent or denial may be filed, updated, or revoked at any time.

(2) An adult former sibling may file a statement with the central adoption registry providing notice that a former parent is deceased. A copy of the former parent’s death certificate or other evidence of the former parent’s death shall be attached to the statement.

(3) An adult former sibling who knows the birth name of an adoptee may file with the central adoption registry a statement consenting to the release of the adult former sibling’s name and address to the adult adoptee. The statement may be filed, updated, or revoked at any time.

(4) At the time of termination of parental rights under this chapter or chapter XIIA, the court shall inform each parent of the provisions described in this section and sections 27b, 68, 68a, and 68b. The court shall inform each parent that the parent’s consent to the release of identifying information about that parent specified in section 27(3)(b) and (c) shall be presumed unless the parent files a statement with the central adoption registry denying the release of the information about that parent. The court shall explain the parent’s right to file, update, or revoke the denial at any time, and shall provide each parent with the forms prescribed under section 27b.

710.27b Central adoption registry; establishment; maintenance; statements to be kept on file; forms; transmission of clearance reply; attachments; transmission of statement releasing former adult sibling’s name and address.
(1) The department shall establish and maintain a central adoption registry to control the release of identifying information described in section 27(3).

(2) The central adoption registry shall keep on file the statements of former parents consenting to or denying the release of identifying information and the statements of adult former siblings described in section 27a(2) and (3).

(3) The department shall develop forms for former parents to use to consent to, deny, or revoke a consent to or denial of, the release of identifying information and forms for adult former siblings to use to provide notice of the death of a former parent and to consent to the release of the adult former sibling’s name and address to an adult adoptee. The department shall make the forms available to child placing agencies and the court. The forms shall include the current name and address of the former parent or adult former sibling. The denial form shall contain a space for the former parent to indicate, if he or she wishes, the reason why he or she does not wish to be identified or contacted. The department shall also develop and distribute clearance request and reply forms to be used by child placing agencies, the department, and the court to request and receive information from the central adoption registry pursuant to section 68(5) and (8).

(4) Upon receipt of a clearance request form from a child placing agency or the department or court pursuant to section 68(5), the central adoption registry shall transmit to the requester a clearance reply form indicating whether a particular former parent has filed with the registry a statement either denying or consenting to the release of identifying information or whether a former parent is deceased. The central adoption registry shall attach a copy of the statement consenting to or denying the release of identifying information. Once a request for information has been received by the central adoption registry, a subsequent statement submitted by a former parent consenting to the release of identifying information or revoking a previous denial of release of identifying information shall be transmitted to the person who requested the information.

(5) Upon receipt of a clearance request form from a child placing agency or the department or court pursuant to section 68(8), the central adoption registry shall transmit to the requester a statement from an adult former sibling consenting to the release of the adult former sibling’s name and address to an adult adoptee. Once a request for information has been received by the central adoption registry, a subsequent statement submitted by an adult former sibling consenting to the release of the adult former sibling’s name and address shall be transmitted to the person who requested the information.

710.67 Disposition of adoption records; copying or inspecting records; petition; notice and hearing; granting or denying petition; disclosing names of biological or adoptive parents; certified copy of new birth certificate; powers and duties of children’s ombudsman
(1) Except as otherwise provided in subsection (4) or in section 68 of this chapter, records of proceedings in adoption cases, including a notice filed under section 33(1) of this chapter, and a petition filed under section 34(1) of this chapter, and the papers and books relating to the proceedings shall be kept in separate locked files and shall not be open to inspection or copy except upon order of a court of record for good cause shown expressly permitting inspection or copy. Except as otherwise provided in subsection (4) or in section 68 of this chapter, the court, after 21 days following entry of the final order of adoption, shall not permit copy or inspection of the adoption proceedings, except upon a sworn petition setting forth the purpose of the inspection or copy. The court may order notice and a hearing on the petition. The court shall grant or deny the petition in writing within 63 days after the petition is filed, except that for good cause the court may grant or deny the petition after the 63-day period but not later than 182 days after the petition is filed.

(2) A person in charge of adoption records shall not disclose the names of the biological or adoptive parents of an adopted person, unless ordered to do so by a court of record or as provided in subsection (4) or in section 68 of this chapter, except to meet requirements of the director of public health for the purpose of creating a new certificate of birth in the adoptive name and sealing the original certificate of birth.

(3) The director of public health shall furnish to the adopting parent or parents a certified copy of the new birth certificate that shall not disclose the adoption of the person. A birth certificate issued to an adopted person shall not refer to adoption and shall conform as nearly as possible to the appearance of birth certificates issued in other cases.

(4) After an order of adoption has been entered under section 56, the court shall permit the children’s ombudsman to inspect closed adoption records in connection with an investigation authorized under the children’s ombudsman act, Act No. 204 of the Public Acts of 1994, being sections 722.921 to 722.935 of the Michigan Compiled Laws. The ombudsman shall not disclose information obtained by an inspection under this subsection. If the children’s ombudsman requires further information from an individual whose identity is protected in closed adoption records, the ombudsman shall contact the individual discreetly and confidentially. The ombudsman shall inform the individual that his or her participation in the ombudsman’s investigation is confidential, is strictly voluntary, and will not alter or constitute a challenge to the adoption. The ombudsman shall honor the individual’s request not to be contacted further. As used in this subsection, “children’s ombudsman” or “ombudsman” means the ombudsman appointed pursuant to section 3 of Act No. 204 of the Public Acts of 1994, being section 722.923 of the Michigan Compiled Laws, or his or her designee.

710.68. Nonidentifying and identifying information; request; availability; release; request for adoption record information; identity of court or child placing agency; counseling; list of adoption support groups; transmitting information of medical or genetic condition; return of information undelivered; placement of information in adoption files; releasing or transmitting copies; information returned undelivered; notice to department of community health; sealing original and preparing new birth certificate; release of identifying information as misdemeanor; adoptions to which section applicable; “adult adoptee” defined; fees; waiver; powers and duties of children’s ombudsman
(1) Within 63 days after a request for nonidentifying information is received, a child placing agency, a court, or the department shall provide in writing to the adoptive parent, adult adoptee, former parent, or adult former sibling requesting the information all of the nonidentifying information described in section 27(1) and (2) of this chapter.

(2) Within 63 days after a request for identifying information about an adult adoptee is received, 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 pursuant to this chapter. If the adult adoptee has not given written consent to the release of 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 section 68b of this chapter, together with any other information in its possession that would help the confidential intermediary locate the adult adoptee. At the option of agency or the department, the information may be released to the court for release to the confidential intermediary.

(3) If the department or a child placing agency receives a request for adoption record information in its possession from an adult adoptee, former parent, or adult former sibling, the department or child placing agency shall provide the individual requesting the information with the identity of the court that confirmed the adoption within 28 days after receipt of the request. If a court receives such a request, the court shall provide the individual requesting the information with the identity of the child placing agency that handled the adoption.

(4) If the court that terminated parental rights receives from the former parents or adult former siblings of the adult adoptee a request for the identity of the agency, court, or department to which the child was committed, the court shall provide in writing the name of that agency, court, or department, if known, within 28 days after receipt of the request.

(5) Upon receipt of a written request for identifying information from an adult adoptee, 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 subsection (6) or (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.

(6) For adoptions in which the former parents’ rights were terminated on or after May 28, 1945 and before September 12, 1980, a child placing agency, a court, or the department shall release to an adult adoptee or to a confidential intermediary appointed under section 68b of this chapter the identifying information described in section 27(3) of this chapter and other identifying information on file with the central adoption registry as specified in section 27b of this chapter, in the following manner:

(a) All of the identifying information described in section 27(3) of this chapter shall be released to the adult adoptee, if both former parents have on file with the central adoption registry a statement consenting to release of the identifying information.

(b) The identifying information described in section 27(3)(b) and (c) of this chapter about 1 of the former parents and the identifying information described in section 27(3)(a) and (d) of this chapter shall be released to the adult adoptee if that former parent has on file with the central adoption registry a statement consenting to release of identifying information.

(c) The identifying information described in section 27(3)(b) and (c) of this chapter about 1 of the former parents and the identifying information described in section 27(3)(a) and (d) of this chapter shall be released to the adult adoptee if that parent is deceased.

(d) All of the identifying information described in section 27(3) of this chapter on both former parents shall be released to the adult adoptee, if both former parents are deceased.

(e) Upon presentation of a certified copy of the order of appointment, all of the identifying information described in section 27(3) of this chapter shall be released to a confidential intermediary appointed under section 68b of this chapter, together with additional information to assist the confidential intermediary to locate former family members. At the option of the agency or the department, the information may be released to the court for release to the confidential intermediary.

(7) For all adoptions in which the former parents’ rights were terminated before May 28, 1945 or on or after September 12, 1980, a child placing agency, a court, or the department shall release to an adult adoptee the identifying information described in section 27(3) of this chapter and any additional information on file with the central adoption registry as specified in section 27b of this chapter, except that if a former parent has filed a statement currently in effect with the central adoption registry denying consent to have identifying information released, the identifying information specified in section 27(3)(b) and (c) of this chapter shall not be released about that parent. For purposes of this subsection, a denial of consent is not effective after the death of the former parent. This subsection does not apply to adoptions in which the former parents’ rights were terminated under chapter XII of this act unless the former parent has filed a statement with the central adoption registry consenting to the release of identifying information.

(8) Upon receipt of a written request from an adult adoptee for the name and address of an adult former sibling, 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.

(9) If a child placing agency or court or the department requests information from the central adoption registry and if the clearance reply form from the central adoption registry indicates that neither of the former parents has on file with the central adoption registry a statement currently in effect denying consent to have identifying information released, the child placing agency, court, or department shall deliver to the adult adoptee a copy of the clearance reply form it received from the central adoption registry. The clearance reply form may be used by the adult adoptee to obtain a copy of his or her original certificate of live birth under section 2882 of the public health code, 1978 PA 368, MCL 333.2882. Except for adoptions in which the former parents’ parental rights were terminated under chapter XII of this act, this subsection applies to all adoptions in which the parents’ rights were terminated before May 28, 1945 or on or after September 12, 1980.

(10) If a child placing agency, a court, or the department receives written information concerning a physician-verified medical or genetic condition of an individual biologically related to an adoptee and a request that the information be transmitted to the adoptee because of the serious threat it poses to the adoptee’s life, the child placing agency, court, or department shall send a written copy of the information by first-class mail within 7 days after the request is received to the adoptee at his or her last known address. If the adoptee is less than 18 years of age, the information shall be sent by first-class mail within 7 days after the request is received to the adoptive parents at their last known address.

(11) If the information described in subsection (10) is returned undelivered, the agency, court, or department shall make a reasonable effort to find the most recent address of the adoptee or minor adoptee’s parents and shall again send the information by first-class mail within 21 days after receiving the returned letter.

(12) If a child placing agency, a court, or the department receives written information concerning a physician-verified medical or genetic condition of a person biologically related to an adoptee, and the condition is not life-threatening to the adoptee, the child placing agency, court, or department shall place the information in its adoption files. If the child placing agency, court, or department receives a written request for the information from the adult adoptee or minor adoptee’s adoptive parents, it shall release a written copy of the information to the adult adoptee or to the minor adoptee’s adoptive parents within 63 days after the request for the information was made.

(13) If a child placing agency, a court, or the department receives written information concerning a physician-verified medical or genetic condition that threatens the life of an adoptee and for which a biologically related person could give life-saving aid, and receives a request from or on behalf of the adoptee that the information be transmitted, the child placing agency, court, or department shall send a written copy of the information by first-class mail within 7 days after the request is received to the biological parents or adult biological siblings of the adoptee at their last known address.

(14) If the information described in subsection (13) is returned undelivered, the agency, court, or department shall make a reasonable effort to find the most recent address of the biological parents or adult biological siblings and shall again send the information by first-class mail within 21 days after receiving the returned letter.

(15) 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 community health of that fact. Upon receipt of notification by the child placing agency, court, or department, the department of community health shall insure 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 section 67 of this chapter.

(16) An employee or agent of a child placing agency, a court, or the department, who intentionally releases identifying information in violation of this section, is guilty of a misdemeanor.

(17) This section also applies to a stepparent adoption and to the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption.

(18) As used in this section, “adult adoptee” means an individual who was adopted as a child who is now 18 years of age or older or an individual who was 18 years of age or older at the time of adoption.

(19) A child placing agency, a court, and the department may require a fee for supplying information under this section. 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.

(20) A direct descendant of a deceased adult adoptee may request information under this section. All information to which an adult adoptee is entitled under this section shall be released to the adult adoptee’s direct descendants if the adult adoptee is deceased.

(21) A child placing agency, a court or the department shall permit the children’s ombudsman to inspect adoption records in its possession in connection with an investigation authorized under the children’s ombudsman act, 1994 PA 204, MCL 722.921 to 722.935. The ombudsman shall not disclose information obtained by an inspection under this section. If the children’s ombudsman requires further information from an individual whose identity is protected in closed adoption records, the ombudsman shall contact the individual discreetly and confidentially. The ombudsman shall inform the individual that his or her participation in the investigation is confidential, is strictly voluntary, and will not alter or constitute a challenge to the adoption. The ombudsman shall honor the individual’s request not to be contacted further. As used in this subsection, “children’s ombudsman” or “ombudsman” means the ombudsman appointed under section 3 of the children’s ombudsman act, 1994 PA 204, MCL 722.923, or his or her designee.

Relevant Michigan Law: Confidential Intermediaries

Relevant portions of Michigan law related to confidential intermediaries within adoption. The entire Michigan adoption statute is available here.

710.68b Definitions; petition to appoint confidential intermediary to search for and contact former family member; approval; training; oath of confidentiality; duties of confidential intermediary; acceptance of money or other value; failure to contact former family member.
(1) As used in this section:

(a) “Former family member” means a parent, grandparent, or adult sibling related to the adult adoptee through birth or adoption by at least 1 common parent, regardless of whether the adult adoptee ever lived in the same household as the former family member.

(b) “Petitioner” means an individual on whose behalf a confidential intermediary is appointed pursuant to subsection (2).

(2) 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. 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. 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 subsection (3). The court shall provide the confidential intermediary with a certified copy of the order of appointment. The court may dismiss an intermediary if the intermediary engages in conduct that violates professional or ethical standards.

(3) An individual may serve as a confidential intermediary if he or she is approved by the court after completing training and files an oath of confidentiality with the court. The oath of confidentiality shall be substantially as follows:

   “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.”.

(4) A confidential intermediary shall make a reasonable search for an individual whose identity is sought by a petitioner under this section. 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. 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.

(5) 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.

(6) If a confidential intermediary appointed under this section has failed to contact a former family member within 6 months after his or her appointment, the adult adoptee may petition the court for release of information described in section 27(3) and any additional information obtained by the confidential intermediary. Before a hearing on the petition, the confidential intermediary shall submit a written report to the court describing all efforts made to locate the former family member and all information obtained. After the hearing, the court shall do 1 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 section 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.