Bill Text: MI HB5303 | 2023-2024 | 102nd Legislature | Chaptered
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: (Passed) 2024-12-31 - Assigned Pa 230'24 [HB5303 Detail]
Download: Michigan-2023-HB5303-Chaptered.html
Act No. 230
Public Acts of 2024
Approved by the Governor
January 17, 2025
Filed with the Secretary of State
January 17, 2025
EFFECTIVE DATE: April 2, 2025
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. Scott, Dievendorf, Brabec, Pohutsky and Morgan
ENROLLED HOUSE BILL No. 5303
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” 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 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 must be changed on the certificate to that designated by the parents. The certificate must not be marked “amended”. The original certificate of live birth 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 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 under section 1 of chapter XI of the probate code of 1939, 1939 PA 288, MCL 711.1.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
