Probate Court - Delayed Registration of In-State Birth by Court Order
JURISDICTION & VENUE: The Probate Court of the county of residence or birth. MCL 333.2828(1)
“A living person born in the State of Michigan who has received an official notice from the state registrar that the person’s birth is not recorded in the office of the state registrar or that person’s parent, guardian, legal representative, or an older person having knowledge of the facts of birth may apply for the establish-ment of a delayed registration of birth subject to these rules.” Administrative Rule R325.3220(20)(1)
This procedure would be used when a child’s birth is not registered with the Michigan Dept. of Community Health (MDCH) within 1 year of birth. The petitioner must establish birth facts to get a delayed record of the birth. If the application for delayed record is denied by MDCH because they are not able to establish birth facts, the petitioner may file a Petition For An Order Establishing A Record of Birth, DCH-0739 6/99 (formerly B-102 11/85) with the Probate Court of the county of residence or birth. MCL 333.2828(1)
PROCEDURE: THE PROCESSING STEPS AT PROBATE COURT
A. Petitioner files all of the following with Probate Court:
1. A completed “Petition For An Order Establishing A Record of Birth” DCH-0739 6/99 (formerly B-102 11/85). This is a triplicate form. The filing fee is $150.00 Case Type: ML
[NOTE: The state registrar’s office makes this petition available to the petitioner ONLY. The court may NOT order this particular form to have on hand.]
2. Official notice from the state registrar indicating NO BIRTH RECORD is registered with the State of Michigan.
3. Official notice from the state registrar of Denial of Delayed Registration of Birth Application.
4. The documentary evidence submitted to the state registrar.
5. Additional information that may be beneficial to the court in determining the facts of the birth.
6. A completed "Application To Establish Delayed Registration of Birth By Court Order ” DCH 1031 02/08/2001 MCL 333.2828(3)
If the court grants the petitioner’s request, the petitioner will need to remit payment in an appropriate amount by personal check or money order payable to the State of Michigan.
FEES:$ 40.00 Processing fee (includes 1 certified copy)
$ 12.00 each additional certified copy
B. Upon the filing of all of the above the court sets the matter for hearing. Act 311, P. A. 1969, requires that notice of hearing shall be served on the Michigan Department of Community Health at least 10 days prior to said hearing. Notice of hearing must be sent by certified mail (return receipt requested). The court will wish to have the return receipt presented.
[NOTE: The noticing instructions are printed at the bottom of the Petition For An Order Establishing A Record of Birth DCH-0739 6/99]
DECISION AND ORDER
A. At the court hearing the probate judge shall make findings as to the place and date of birth, parentage, and other findings required by the case and shall issue an order on form prescribed and furnished by the state registrar to establish a certificate of birth. MCL 333.2828 [The order referenced above is the Application To Establish Delaved Registration of Birth By Court Order DCH-1031]
NOTE: The court should use a great deal of meticulous caution in these types of proceedings. It is not out of the ordinary for courts to hold as many as 4 hearings to review documentary evidence presented and/or take verbal testimony from various witnesses who may have knowledge of the facts of birth.
Often times the petitioner focuses on gathering evidence/documentation to confirm their Michigan residency. This proceeding must focus solely on the facts of the birth.
A. If, on the basis of the evidence presented, the court finds that the individual for whom a delayed certificate of birth is sought was born in this state, the clerk of the court shall forward the order to the state registrar not later than the tenth day of the calendar month following the month in which the order was entered. The order shall be registered by the state registrar and shall constitute the certificate of birth. MCL 333.2828(4).
B. The state registrar shall forward a copy of a delayed registration to the local registrar of the district where the birth occurred. MCL 333.2828(5)
Individuals you may contact at Michigan Department of Community Health, Vital Records, for additional assistance are:
Changes Unit (staffed during business hours), 517-335-8660
LuAnn Eiseler, Changes Specialist, at 517-335-9293
Tammy Weaver, Office Manager, at 517-335-9748
If petitioner requires information from U.S. census records, the U. S. Census Bureau has a booklet “Factfinder for the Nation, Availability of Census Records About Individuals” here.
All forms can be obtained at the Chippewa County Probate Court Office.