HOUSE BILL NO. 4529
May 09, 2023, Introduced by Reps. Outman, McFall, MacDonell, Martus, Coleman, Liberati,
Bezotte, Wozniak and Bierlein and referred to the Committee on Families, Children and
Seniors.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 68 of chapter X (MCL 710.68), as amended by
2012 PA 385.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER X
2 Sec. 68. (1) Within 63 days after a request for nonidentifying
3 information is received, a child placing agency, a court, or the
4 department shall provide in writing to the adoptive parent, adult
5 adoptee, former parent, or adult former sibling requesting the
6 information all of the nonidentifying information described in
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1 section 27(1) and (2) of this chapter.
2 (2) Within 63 days after a request for identifying information
3 about an adult adoptee is received, a child placing agency, or a
4 court, or the department shall provide in writing to the former
5 parent or adult former sibling requesting the information the adult
6 adoptee's most recent name and address if the adult adoptee has
7 given written consent to release of the information pursuant to
8 under this chapter. If the adult adoptee has not given written
9 consent to the release of information, the child placing agency,
10 the court, or the department shall, upon presentation of a
11 certified copy of the order of appointment, give the adult
12 adoptee's name and address to a confidential intermediary appointed
13 under section 68b of this chapter, together with any other
14 information in its possession that would help the confidential
15 intermediary locate the adult adoptee. At the option of the child
16 placing agency or the department, the information may be released
17 to the court for release to the confidential intermediary.
18 (3) If the department or a child placing agency receives a
19 request for adoption record information in its possession from an
20 adult adoptee, former parent, or adult former sibling, the
21 department or child placing agency shall provide the individual
22 requesting the information with the identity of the court that
23 confirmed the adoption within 28 days after receipt of the request.
24 If a court receives such a request, the court shall provide the
25 individual requesting the information with the identity of the
26 child placing agency that handled the adoption.
27 (4) If the court that terminated parental rights receives from
28 the former parents or adult former siblings of the adult adoptee a
29 request for the identity of the child placing agency, court, or
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1 department to which the child was committed, the court shall
2 provide in writing the name of that child placing agency, court, or
3 department, if known, within 28 days after receipt of the request.
4 (5) Upon receipt of a written request for identifying
5 information from an adult adoptee, a child placing agency, a court,
6 or the department, if it maintains the adoption file for that
7 adoptee, shall submit a clearance request form to the central
8 adoption registry. Within 28 days after receipt of a clearance
9 reply form from the central adoption registry, the child placing
10 agency, court, or department shall notify the adoptee in writing of
11 the identifying information to which the adoptee is entitled under
12 subsection (6) or (7), or, if the identifying information cannot be
13 released under those subsections, the reason why the information
14 cannot be released. The child placing agency, court, or department
15 shall retain a copy of the notice sent to the adult adoptee.
16 (6) For adoptions in which the former parents' rights were
17 terminated on or after May 28, 1945 and before September 12, 1980,
18 any adoption, a child placing agency, a court, or the department
19 shall must release to an adult adoptee or to a confidential
20 intermediary appointed under section 68b of this chapter the
21 identifying information described in section 27(3) of this chapter
22 and other identifying information on file with the central adoption
23 registry as specified in section 27b of this chapter, in the
24 following manner:
25 (a) All of the identifying information described in section
26 27(3) of this chapter shall be released to the adult adoptee, if
27 both former parents have on file with the central adoption registry
28 a statement consenting to release of the identifying information.
29 (b) The identifying information described in section 27(3)(b)
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1 and (c) of this chapter about 1 of the former parents and the
2 identifying information described in section 27(3)(a) and (d) of
3 this chapter shall be released to the adult adoptee if that former
4 parent has on file with the central adoption registry a statement
5 consenting to release of identifying information.
6 (c) The identifying information described in section 27(3)(b)
7 and (c) of this chapter about 1 of the former parents and the
8 identifying information described in section 27(3)(a) and (d) of
9 this chapter shall be released to the adult adoptee if that parent
10 is deceased.
11 (d) All of the identifying information described in section
12 27(3) of this chapter on both former parents shall be released to
13 the adult adoptee, if both former parents are deceased.
14 (e) Upon presentation of a certified copy of the order of
15 appointment, all of the identifying information described in
16 section 27(3) of this chapter shall be released to a confidential
17 intermediary appointed under section 68b of this chapter, together
18 with additional information to assist the confidential intermediary
19 to locate former family members. At the option of the child placing
20 agency or the department, the information may be released to the
21 court for release to the confidential intermediary.
22 (7) For all adoptions in which the former parents' rights were
23 terminated before May 28, 1945 or on or after September 12, 1980, a
24 child placing agency, a court, or the department shall release to
25 an adult adoptee the identifying information described in section
26 27(3) of this chapter and any additional information on file with
27 the central adoption registry as specified in section 27b of this
28 chapter, except that if a former parent has filed a statement
29 currently in effect with the central adoption registry denying
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1 consent to have identifying information released, the identifying
2 information specified in section 27(3)(b) and (c) of this chapter
3 shall not be released about that parent. For purposes of this
4 subsection, a denial of consent is not effective after the death of
5 the former parent. This subsection does not apply to adoptions in
6 which the former parents' rights were terminated under chapter XII
7 of this act unless the former parent has filed a statement with the
8 central adoption registry consenting to the release of identifying
9 information.
10 (8) Upon receipt of a written request from an adult adoptee
11 for the name and address of an adult former sibling, a child
12 placing agency, a court, or the department, if it maintains the
13 adoption file for that adoptee, shall submit a clearance request
14 form to the central adoption registry. Within 28 days after receipt
15 of a clearance reply form from the central adoption registry, the
16 child placing agency, court, or department shall notify the adoptee
17 in writing of the name and address of an adult former sibling whose
18 statement was forwarded by the central adoption registry.
19 (9) If a child placing agency or court or the department
20 requests information from the central adoption registry and if the
21 clearance reply form from the central adoption registry indicates
22 that neither of the former parents has on file with the central
23 adoption registry a statement currently in effect denying consent
24 to have identifying information released, the child placing agency,
25 court, or department shall deliver to the adult adoptee a copy of
26 the clearance reply form it received from the central adoption
27 registry. The clearance reply form may be used by the adult adoptee
28 to obtain a copy of his or her original certificate of live birth
29 under section 2882 of the public health code, 1978 PA 368, MCL
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1 333.2882. Except for adoptions in which the former parents'
2 parental rights were terminated under chapter XII of this act, this
3 subsection applies to all adoptions in which the parents' rights
4 were terminated. before May 28, 1945 or on or after September 12,
5 1980.
6 (10) If a child placing agency, a court, or the department
7 receives written information concerning a physician-verified
8 medical or genetic condition of an individual biologically related
9 to an adoptee and a request that the information be transmitted to
10 the adoptee because of the serious threat it poses to the adoptee's
11 life, the child placing agency, court, or department shall send a
12 written copy of the information by first-class mail within 7 days
13 after the request is received to the adoptee at his or her last
14 known address. If the adoptee is less than 18 years of age, the
15 information shall be sent by first-class mail within 7 days after
16 the request is received to the adoptive parents at their last known
17 address.
18 (11) If the information described in subsection (10) is
19 returned undelivered, the child placing agency, court, or
20 department shall make a reasonable effort to find the most recent
21 address of the adoptee or minor adoptee's parents and shall again
22 send the information by first-class mail within 21 days after
23 receiving the returned letter.
24 (12) If a child placing agency, a court, or the department
25 receives written information concerning a physician-verified
26 medical or genetic condition of a person biologically related to an
27 adoptee, and the condition is not life-threatening to the adoptee,
28 the child placing agency, court, or department shall place the
29 information in its adoption files. If the child placing agency,
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1 court, or department receives a written request for the information
2 from the adult adoptee or minor adoptee's adoptive parents, it
3 shall release a written copy of the information to the adult
4 adoptee or to the minor adoptee's adoptive parents within 63 days
5 after the request for the information was made.
6 (13) If a child placing agency, a court, or the department
7 receives written information concerning a physician-verified
8 medical or genetic condition that threatens the life of an adoptee
9 and for which a biologically related person could give life-saving
10 aid, and receives a request from or on behalf of the adoptee that
11 the information be transmitted, the child placing agency, court, or
12 department shall send a written copy of the information by first-
13 class mail within 7 days after the request is received to the
14 biological parents or adult biological siblings of the adoptee at
15 their last known address.
16 (14) If the information described in subsection (13) is
17 returned undelivered, the child placing agency, court, or
18 department shall make a reasonable effort to find the most recent
19 address of the biological parents or adult biological siblings and
20 shall again send the information by first-class mail within 21 days
21 after receiving the returned letter.
22 (15) If a child placing agency, a court, or the department
23 provides an adoptee with the name of 1 of the adoptee's former
24 parents, that child placing agency, court, or department shall
25 notify the department of community health and human services of
26 that fact. Upon receipt of notification by the child placing
27 agency, court, or department, the department of community health
28 shall insure ensure that the original birth certificate on file for
29 the adoptee has been sealed and that a new birth certificate has
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1 been prepared in conformance with section 67 of this chapter.
2 (16) An employee or agent of a child placing agency, a court,
3 or the department, who intentionally releases identifying
4 information in violation of this section, is guilty of a
5 misdemeanor.
6 (17) This section also applies to a stepparent adoption and to
7 the adoption of a child related to the petitioner within the fifth
8 degree by marriage, blood, or adoption.
9 (18) As used in this section, "adult adoptee" means an
10 individual who was adopted as a child who is now 18 years of age or
11 older or an individual who was 18 years of age or older at the time
12 of adoption.
13 (19) A child placing agency, a court, and the department may
14 require a fee for supplying information under this section. The fee
15 shall be $60.00 or the actual cost of supplying the information,
16 whichever is less. The child placing agency, court, or department
17 may waive a part or all of the fee in case of indigency or
18 hardship.
19 (20) A direct descendant of a deceased adult adoptee may
20 request information under this section. All information to which an
21 adult adoptee is entitled under this section shall be released to
22 the adult adoptee's direct descendants if the adult adoptee is
23 deceased.
24 (21) A child placing agency, a court or the department shall
25 permit the children's ombudsman to inspect adoption records in its
26 possession in connection with an investigation authorized under the
27 children's ombudsman act, 1994 PA 204, MCL 722.921 to 722.935. The
28 ombudsman shall not disclose information obtained by an inspection
29 under this section. If the children's ombudsman requires further
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1 information from an individual whose identity is protected in
2 closed adoption records, the ombudsman shall contact the individual
3 discreetly and confidentially. The ombudsman shall inform the
4 individual that his or her participation in the investigation is
5 confidential, is strictly voluntary, and will not alter or
6 constitute a challenge to the adoption. The ombudsman shall honor
7 the individual's request not to be contacted further. As used in
8 this subsection, "children's ombudsman" or "ombudsman" means the
9 ombudsman appointed under section 3 of the children's ombudsman
10 act, 1994 PA 204, MCL 722.923, or his or her designee.
LTB Final Page 02919'23
Statutes affected: House Introduced Bill: 710.68