Michigan

Michigan

Adoption

Access to Adoption Records

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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 any of the persons listed above except for the adoptive parents.

Access to Nonidentifying 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
  • The circumstances of any order terminating the parental rights of a parent for abuse, neglect, abandonment, or other mistreatment of the child
  • 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

Mutual Access to Identifying Information
Citation: Comp. Laws § 710.68

Within 63 days after a request for identifying information about an adult adopted person is received, a child-placing agency or the department 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 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 Sseptember 2, 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.

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.

Where the Information Can Be Located

  • Central Adoption Registry, Michigan Department of Human Services
  • Michigan Confidential Intermediary Program, Michigan Department of Human Services

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Collection of Family Information About Adopted Persons and Their Birth Families

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Agency or Person Preparing the Report
Citation: Comp. Laws § 710.27
Background information for the adoptive parents may be provided by a parent or guardian, a child-placing agency, the department, or the court that places the child.

Contents of Report About the Adopted Person
Citation: Comp. Laws § 710.27
A written document shall contain all of the following nonidentifying information:

  • Date, time, and place of birth of the child including the hospital, city, county, and State
  • An account of the health and genetic histories of the child, including:
    • The child’s prenatal care
    • The child’s medical condition at birth
    • Any drug or medication taken by the child’s mother during pregnancy
    • Any subsequent medical, psychological, psychiatric, or dental examinations and diagnoses
    • 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
    • A record of any immunizations and health care the child received while in foster or other care
  • A description of the child, including all of the following:
    • Given first name at birth
    • The age and sex of siblings
    • Enrollment and performance in school, results of educational testing, and any special educational needs
    • Racial, ethnic, and religious background
    • 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
    • Any information necessary to determine the child’s eligibility for State or Federal benefits, including financial, medical, or other assistance

Contents of Report About the Birth Family
Citation: Comp. Laws § 710.27
A written document shall contain all of the following nonidentifying information:

  • An account of the health and genetic histories of the child’s birth parents and other members of the child’s family, including:
    • Any known hereditary conditions or diseases
    • The health of each parent at the child’s birth
    • A summary of the findings of any medical, psychological, or psychiatric evaluations 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’s family of origin, including all of the following:
    • 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
    • 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
    • The circumstances of any judicial order terminating the parental rights of a parent for abuse, neglect, abandonment, or other mistreatment of the child
    • Length of time between the termination of parental rights and adoptive placement and whether the termination was voluntary or court-ordered

When the Report Is Made
Citation: Comp. Laws § 710.27
The written report must be available before placement of a child for adoption. In a direct placement, the parent or guardian shall transmit the required information to the court before the termination of parental rights.

Exceptions for Stepparent or Relative Adoptions
Citation: Comp. Laws § 710.27
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.

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Intestate Inheritance Rights for Adopted Children

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Birth Parents in Relation to Adopted Person
Citation: Comp. Laws §§ 710.60; 700.2114
After entry of the adoption decree, an adopted child is no longer an heir-at-law of the birth parents or the lineal or collateral kindred of the birth parents.For purposes of intestate succession by, through, or from an individual, an adopted individual is the child of his or her adoptive parent(s) and not of his or her birth parents. The adoption of a child by the spouse of either birth parent has no effect on either the relationship between the child and that birth parent or the right of the child or a descendant of the child to inherit from or through the other birth parent.

Adoptive Parents in Relation to Adopted Person
Citation: Comp. Laws § 710.60
After entry of the order of adoption, there is no distinction between the rights and duties of natural progeny and adopted persons, and the adopted person becomes an heir-at-law of the adopting parent or parents and an heir-at-law of the lineal and collateral kindred of the adopting parent or parents.

Adopted Persons Who Are Not Included in a Will
Citation: Comp. Laws §§ 700.2302; 700.2707
If a testator fails to provide in his or her will for a child adopted after the execution of his or her will, the omitted after-adopted child receives a share in the estate as follows:

  • If the testator had no child living when he or she executed the will, an omitted after-adopted child receives a share in the estate equal in value to what the child would have received had the testator died intestate, unless the will gave all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
  • If the testator had one or more children living when he or she executed the will, and the will gave property or an interest in property to one or more of the then-living children, an omitted after-adopted child is entitled to share in the testator’s estate subject to all of the following:
    • The portion of the estate that the omitted after-adopted child is entitled to share is limited to bequests made to the testator’s then-living children under the will.
    • The omitted after-adopted child is entitled to receive a share of the estate, limited to what the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom bequests were made under the will and had given an equal share of the estate to each child.

The above does not apply if:

  • It appears from the will that the omission was intentional.
  • The testator provided for the omitted after-adopted child by transfer outside the will with the intent that the transfer be a substitute for a testamentary provision.

An adopted individual and his or her descendants, if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules of intestate succession.

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State Recognition of Intercountry Adoptions Finalized Abroad

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Effect and Recognition of a Foreign Adoption Decree
Citation: Comp. Laws § 710.21b

A court order or decree establishing the relationship of parent and child by adoption and issued by a court in another country is presumed to be issued in accordance with the laws of that country and shall be recognized in this State. The rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined as though the order or decree were issued by a court of this State.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate
Citation: Comp. Laws § 333.2830

If a child whose birth occurred outside the United States, a U.S. territory, 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 of Public Health. The delayed registration shall contain the date and place of birth and other facts specified by the department.If the date and place of birth of the child 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.

A probate court may, at the request of the adopting parent when filing a delayed registration of birth, enter a new name for the child on the delayed registration of birth. The new name shall be the legal name of the adopted child.


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