Mich. Admin. Code R. 325.3220 - Delayed registration of birth; application; establishment; evidence; review of application and evidence; dismissal or denial of application; preparation and filing of registration; rescission of registration

Rule 20.

(1) A living individual born in this state who has received an official notice from the state registrar that the individual's birth is not recorded in the office of the state registrar, or that individual's parent, guardian, or legal representative, may apply for the establishment of a delayed registration of birth subject to these rules. In the absence, inability, or refusal of a parent or guardian of any non-emancipated minor, any next of kin 18 years of age or older who is at least 10 years older than the registrant acting for the registrant and having personal knowledge of the facts of the live birth, may apply for the establishment of a delayed registration of birth subject to these rules.

(2) An application must be made on a form prescribed by the state registrar setting forth the facts prescribed in subrule (3) of this rule and sworn to before a notary by the individual whose birth is to be registered if the registrant is 18 years of age or older or an emancipated minor, and is competent to sign and swear to the accuracy of the facts stated on the application. Otherwise, the application must be sworn to by any of the following:

(a) One of the parents.

(b) The legal guardian.

(c) A legal representative.

(d) In the absence, inability, or refusal of a parent or guardian, any next of kin 18 years of age or older who is at least 10 years or older than the registrant acting for the registrant and having personal knowledge of the facts of the live birth.

(3) The minimum facts to be established for a delayed registration of birth are as follows:

(a) The full name of the registrant at the time of birth.

(b) The date of birth and place of birth of the registrant.

(c) The full maiden name and birthplace of the registrant's mother.

(d) The full name and birthplace of the registrant's father, except that if the mother was not married to the father at the time of birth or within 300 days preceding the birth, the name of the father must not be entered on the delayed registration of 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.

(4) The application must be accompanied by the fee prescribed by law and documentary evidence as prescribed by these rules.

(5) The official notice of the state registrar that the birth cannot be located in the files of the state registrar must accompany the application, except that this notice is not necessary for applications received within 1 year after the date the statement was issued.

(6) Each of the facts prescribed by subrule (3) of this rule must be supported by any of the following:

(a) For individuals over the age of 10, 3 pieces of acceptable documentary evidence that establish to the satisfaction of the state registrar the facts and date of the live birth. Documents must have been established at least 10 years before the date of application.

(b) For individuals 10 and under, 2 pieces of acceptable documentary evidence that establish to the satisfaction of the state registrar the facts of birth. Documents must be dated at least 1 year before the date of application or within the first year of life.

(c) At least 1 piece of documentary evidence that establishes to the satisfaction of the state registrar the names of the mother and father.

(7) Documents submitted in support of a request to establish a delayed birth certificate that contain signs of erasure, alterations, or changes to the pertinent information must not be accepted.

(8) The state registrar shall review each application and the evidence submitted in support of the application. When the documentary evidence is insufficient to support the application, the state registrar may require the submission of additional documentary evidence. The state registrar shall dismiss an application when additional evidence requested or the required fee is not received within 1 year after the request for the additional evidence or the fee. When an application is dismissed, the state registrar shall send a written notice of dismissal to the applicant. The application fee submitted must be retained. The state registrar shall deny an application when the applicant is not eligible to apply or when the applicant cannot provide satisfactory documentary evidence in support of the application. When an application is denied, a written notice of denial must be forwarded to the applicant indicating the reason for the denial. The application fee submitted must be retained, except when the applicant is not eligible to apply.

(9) If, after review of the application and the evidence, the state registrar is satisfied that the evidence supports the request, the state registrar shall prepare a delayed registration of birth on a form prescribed by the state registrar and place the record in the active files of the system of vital statistics. A delayed registration of birth must show on its face a summary statement of the evidence submitted in support of the delayed registration of birth and be marked "delayed." A copy of the delayed registration of birth must be forwarded to the local registrar for the area where the birth occurred.

(10) If the state registrar becomes aware that a delayed registration of birth prepared by the department is invalid or that the evidence received in support of the delayed birth certificate is false or invalid, the delayed registration of birth must be rescinded. The state registrar shall notify the local registrar of the rescission of the record and instruct the local registrar to remove the record from the files.

(11) A delayed registration of birth cannot be registered for a deceased individual.

Notes

Mich. Admin. Code R. 325.3220

1981 AACS; 2025 MR 9, Eff. 4/30/2025