MICHIGAN
LAW
- A guide for adoptees and parents.
- Release of information to adult adoptees and direct descendents of deceased adult adoptees.
- Non-identifying information.
- Identifying information.
- After May 28, 1945 but before September 12, 1980.
- Before May 28, 1945 or on or after September 12, 1980.
- Centeral adoption registry.
- Release of information from adoption record to birth parent or to an adult sibling.
- Release of information to adoptive parents.
- Locating adoption records.
- Confidential intermediary services.
- Added features of the adoption law.
Michigan Department of Social Services Central Adoption Registry PO BOX 30037 LANSING, MI 48909
RELEASE OF INFORMATION
A GUIDE FOR ADOPTEES AND PARENTS
Published by: MICHIGAN DEPARTMENT OF SOCIAL SERVICES
The Michigan Adoption Law requires adoption agencies, the Department of Social Services and probate courts to release certain information from adoption records to adult adoptees, former family members and direct descendants of a deceased adult adoptee. The law divides the information in adoption records into two categories: non-identifying and identifying information. Non-identifying information is available upon request to adult adoptees, adoptive parents, birth parents, adult birth siblings and direct descendants of deceased adult adoptees. Identifying information is available to adult adoptees, birth parents, adult birth siblings and direct descendants of deceased adoptees but only if each consents to its release. All requests for information from adoption agency must be submitted to the agency that placed the adoptee or the court that finalized the adoption.
When an adoptive parent, on behalf of a minor adoptee, or an adult adoptee is trying to establish Indian tribal membership contact with the Bureau of Indian Affairs may be necessary in addition to the court and agency contact. In Michigan, that address is:
- Bureau of Indian Affairs Tribal Operations
- PO Box 884
- Sault Ste Marie, MI 49783-0884
Adult adoptees who wish to consent to the release of their name and address to a birth parent or sibling must file their consent with the placing agency or court that finalized their adoption. Birth parents and adult birth siblings who wish to consent or deny access to information about themselves must file a statement with the Central Adoption Registry.
RELEASE OF INFORMATION TO ADULT ADOPTEES AND DIRECT DESCENDANTS OF DECEASED ADULT ADOPTEES
You may request information from the agency that placed your or the court that finalized your adoption.
Upon your request, the agency or court having the adoption record must release the following information concerning the adoptee and the adoptee's family of origin within 63 days if available:
- given first name of adoptee at birth,
- age and sex of siblings of adoptee,
- adoptee's enrollment and performance in school, educational testing results and special education needs,
- adoptee's racial, ethnic and religious background,
- general description of birth parents including age at termination of parental rights and length of time parents had been married at time of placement,
- account of adoptee's past and existing relationship with any relative, foster parent or other individual or facility with whom the adoptee had lived or visited on a regular basis,
- educational, occupational, professional, athletic or artistic achievement of birth family,
- hobbies, special interests and school activities of the birth family,
- circumstances of any court order terminating parental rights of birth parent.
The agency or court may supplement this information with appropriate additional non-identifying information.
Identifying information is defined as:
- Name of child before placement in adoption
- Name of each biological parent at the time of termination of parental rights
- Most recent name and address of each biological parent
- Names of biological siblings at the time of termination
You must submit a request for identifying information in writing. Forms for requesting identifying information are available at local probate courts, local department of social services and adoption agencies.
Release of identifying information is differsnt depending on when parental rights were terminated:
You can obtain your name, (descendants may receive the adoptee's name before adoptive placement), the names of biological siblings at the time of termination and identifying information on both birth parents if both parents have filed statements of consent to release identifying information in the Central Adoption Registry.
You can obtain your name (descendant's maay receive the adoptee's name before adoptive placement), the names of biological siblings at the time of termination and identifying information on one birth parent if that parent has filed a statement of consent in the Central Adoption Registry.
You can obtain your name, (descendants may receive the adoptee's name before adoptive placement), the names of biological siblings at the time of termination and the name of a deceased birth parent.
You or a descendant can obtain your name, (descendants may receive the adoptee's name before adoptive placement), and the names of biological siblings at the time of termination if a birth parent has not filed a statement of denial with the Central Adoption Registry.
You can obtain identifying information on any birth parent who has not filed a statement of denial with the Central Adoption Registry.
The Central Adoption Registry is a file kept by the Department of Social Services of statements of birth parents and adult birth siblings' consenting to or denying the release of identifying information. These statements will be forwarded to adoption agencies and courts upon request so they can determine whether or not identifying information can be released to an adult adoptee or an adult adoptee's direct descendents. The Central Adoption Registry is accessed by the court or agency; individuals cannot contact the Central Adoption Registry to learn if statements are filed.
-- Use of the Central Adoption Registry by Biological Parents And Adult Birth Siblings --
A birth parent and adult birth siblings may consent or deny to an adult adoptee by submitting a statement to the Central Adoption Registry. A statement of denial is not effective after the death of a birth parent or an adult birth sibling.
The "Parent's Consent/Denial to Release Information to Adult Adoptee" (DSS-1919) can be used to indicate consent or denial. An adult birth sibling may register with the Central Adoption Registry by completing the "Adult Birth Sibling Statement to Release Information to Adult Adoptee" (DSS-1917). These forms may be revoked or used to update information such as name or address change, by completing a new form and submitting it to the Central Adoption Registry. Forms are available from the courts, local office of department of social services, adoption agencies and the Central Adoption Registry. The address of the Central Adoption Registry is:
- MICHIGAN DEPARTMENT OF SOCIAL SERVICES CENTRAL ADOPTION REGISTRY
- PO BOX 30037
- LANSING, MI 48909
RELEASE OF INFORMATION FROM ADOPTION RECORD TO BIRTH PARENT OR TO AN ADULT SIBLING
Non-identifying information may be released upon request. The name and address of an adult adoptee may be released by an adoption agency or probate court to a biological parent or an adult sibling if the adoptee has authorized the release in writing. Forms for adult adoptees to authorize release of identifying information must be filed with the agency that completed the adoption and the court that finalized the adoption.
Non-identifying information contained in adoption records must be given to adoptive parents at the time of placement and upon request thereafter.
All adoptions have a court record and may have an agency record too. There is no one central location of adoption records. The court record of adoption is usually located in the probate court located in the county where the adoptive parents lived when the adoption took place. A court, upon receiving a request for information from an adoption record in its possession from an adult adoptee, birth parent or adult sibling of the adoptee, must identify the placing agency. An agency receiving a request for information from an adoption record in its possession must identify the court that finalized the adoption. A court, upon receiving a request from former parents or adult former siblings of an adult adoptee for the identity of the agency, court or department to which the child was committed, shall provide the information if it is in its' possession.
An adult adoptee, adoptive parent of a minor adoptee or an adult child of a deceased adoptee seeking contact with a former family member may petition the court where the adoption was finalized for the appoinment of a confidential intermediary. A former family member including biological parent, birth grandparent or adult sibling seeking contact with an adult adoptee or an adult child of a deceased adoptee may petition the court where the adoption was finalized for the appointment of a confidential intermediary. A confidential intermediary shall make a reasonable search for an individual whose identity is sought by the petitioner Check with the probate court in the county of adoption for information on intermediary services and fees.
A petition to gain access to adoption records may be filed in probate court that finalized the adoption. Such a petition may be advisable if the information sought cannot be obtained any other way.
The law applies to all adoptions including relative and stepparent adoptions.
A court, agency or the department of social services, may charge $60 or the actual cost of releasing information whichever is less. Part or all of the fee may be waived in case of indigency or hardship.
In some instances, an adult adoptee may obtain a copy of his/her original certificate of live birth by presenting a copy of the Central Adoption Registry clearance reply form to the State Registrar's Office. The Central Adoption Registry clearance reply form is obtained from the court that finalized the adoption or the agency that handled the adoption.
Former family members, the adult adoptee, and adoptive parents may place current information in the adoption record by providing the information in writing to the court that finalized the adoption and/or the agency that handled the adoption.
PUB-439(Rev. 5-95) Previous edition obsolete