November 10, 2005, Introduced by Reps. Caswell, Taub, Vander Veen, Huizenga, Tobocman, Hoogendyk, Hildenbrand and Meisner and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2828 (MCL 333.2828).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2828. (1) If Except
as otherwise provided under this
subsection, if an applicant does not submit the minimum
documentation required by rules for delayed registration of a
birth, or if the state registrar has reasonable cause to question
the validity or adequacy of the applicant's sworn statement or the
documentary evidence for delayed registration of a birth, the state
registrar shall not register the delayed certificate of birth and
shall advise the applicant of the reasons for this action and of
the applicant's right of appeal to the probate court of the county
of residence or birth. Notwithstanding R 325.3220(3) of the
Michigan administrative code, if an applicant is seeking to
register his or her own birth and he or she is 18 years of age or
older, then the full name and birthplace of the applicant's father
is not necessary, regardless of whether the applicant's mother was
married at the time of the birth or within the 10 months preceding
the birth, unless there is filed with the department a properly
executed affidavit of parentage, a true or certified copy of an
acknowledgment of paternity filed in a court, or a true or
certified copy of a court determination of paternity.
(2) The department may provide for the dismissal of an
application which is not actively prosecuted.
(3) 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 court 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 a form prescribed
and furnished by the state registrar to establish a certificate of
birth. The order shall include the birth data to be registered, a
description of the evidence presented, and the date of the court's
action.
(4) 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.
(5) The state registrar shall forward a copy of a delayed
registration to the local registrar of the district where the birth
occurred.