Bill Text: MI HB5303 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Records: birth; new certificate of birth requirements; modify. Amends secs. 2831 & 2872 of 1978 PA 368 (MCL 333.2831 & 333.2872).
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-02-14 - Referred To Second Reading [HB5303 Detail]
Download: Michigan-2023-HB5303-Introduced.html
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.
