Text of MI HB 5303 (2024)
Records: birth; new certificate of birth requirements; modify. Amends secs. 2831 & 2872 of 1978 PA 368 (MCL 333.2831 & 333.2872).
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As introduced
3,460 characters
HOUSE BILL NO. 5303
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2831 and 2872 (MCL 333.2831 and
333.2872), section 2831 as amended by 1996 PA 307.
the people of the state of michigan enact:
Sec. 2831. The state registrar shall
establish a new certificate of birth for an individual born in this state when
the registrar receives any of 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 must 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 must be accompanied by an
affidavit of a physician certifying that sex-reassignment surgery has been
performed.a form signed by the individual
indicating a sex designation of male, female, or "X". If the form is
accompanied by a court order changing the name of the individual, the new
certificate must also reflect the new legal name. The state registrar may not
require any additional document or certification other than the form, or, if
applicable, the court order, required under this subdivision.
Sec. 2872. (1) Upon written request and
receipt of an acknowledgment of paternity from the probate court of a child
born out of wedlock, the state registrar shall create a new certificate of
birth to show paternity. Upon the written request of the parents, the surname
of the child shall must be
changed on the certificate to that designated by the parents. The certificate shall must not be marked
"amended". The original certificate of live birth shall must be sealed in
accordance with section 2832.
(2) Upon
receipt of a certified copy of a court order changing the name of an individual
born in this state and upon request of the individual or the individual's
parents, guardian, or legal representative, the state registrar shall affix an
addendum to the individual's certificate of live birth, which shall must state the
individual's new name and identify the court order. The state registrar shall
create a new live birth certificate and seal the original certificate only if
the court order changing the individual's name specifically directs the state
registrar to do so or if the request relates to a minor whose name is changed pursuant to section 1 of chapter 11 of Act No. 288 of the
Public Acts of 1939, as amended, being section 711.1 of the Michigan Compiled
Laws.under section 1 of chapter XI of the probate
code of 1939, 1939 PA 288, MCL 711.1.
(3) The requirement under subsection
(2) that a court order changing the individual's name must include a specific
direction to the state registrar for the state registrar to create a new live
birth certificate and seal the original certificate does not apply to a new
certificate of birth established under section 2831(c).
As enrolled or final
3,788 characters
Substitute For
HOUSE BILL NO. 5303
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2831 and 2872 (MCL 333.2831 and
333.2872), section 2831 as amended by 2024 PA 25.
the people of the state of michigan enact:
Sec. 2831. The state registrar shall
establish a new certificate of birth for an individual born in this state when
the registrar receives any of 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, the state registrar shall not establish a new certificate of live
birth 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 parentage 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 must be accompanied by an affidavit of a physician certifying that sex-reassignment
surgery has been performed.a form approved by the director and signed by the
individual indicating a sex designation. If the form is accompanied by a court
order changing the name of the individual, the new certificate must also
reflect the new legal name. The state registrar may not require any additional
document or certification other than the form, or, if applicable, the court
order, required under this subdivision.
(d) A
judgment or a parentage judgment under section 203 or 308 of the assisted
reproduction and surrogacy parentage act, 2024 PA 24, MCL
722.1803 and 722.1908, together with the information necessary to
identify the original certificate of birth and to establish a new certificate
of live birth.
Sec. 2872. (1) Upon written request and
receipt of an acknowledgment of paternity from the probate court of a child
born out of wedlock, the state registrar shall create a new certificate of
birth to show paternity. Upon the written request of the parents, the surname of
the child shall must be
changed on the certificate to that designated by the parents. The certificate shall must not be marked
"amended". The original certificate of live birth shall must be sealed in
accordance with section 2832.
(2) Upon
receipt of a certified copy of a court order changing the name of an individual
born in this state and upon request of the individual or the individual's
parents, guardian, or legal representative, the state registrar shall affix an
addendum to the individual's certificate of live birth, which shall must state the
individual's new name and identify the court order. The state registrar shall
create a new live birth certificate and seal the original certificate only if
the court order changing the individual's name specifically directs the state
registrar to do so or if the request relates to a minor whose name is changed pursuant to section 1 of chapter 11 of Act No. 288 of the
Public Acts of 1939, as amended, being section 711.1 of the Michigan Compiled
Laws.under section 1 of chapter XI of the probate
code of 1939, 1939 PA 288, MCL 711.1.
(3) The requirement under subsection
(2) that a court order changing the individual's name must include a specific
direction to the state registrar for the state registrar to create a new live
birth certificate and seal the original certificate does not apply to a new
certificate of birth established under section 2831(c).