Category Archives: Michigan Vital Records

A Guide to Michigan Adoptees Seeking Court Orders for Original Birth Certificates

This is the feeling I experienced when i finally achieved justice and received my original birth certificate copy (adulterated however) from the state of Michigan in July 2016.

For the past several years, fellow Michigan adoptees who were born after World War II have contacted me seeking help. They want what they are entitled to as a birthright and under core human rights principles of international law: their original birth certificates (OBCs), held in secret, by the state of Michigan.

The number of queries I received from adoptees increased in the last year, since I won a nearly three-decade-old contest with the state to give me my original birth certificate and published my story about that victory on my website.

Because of these requests, I am publishing a short guide that may help some of the thousands of fellow adoptees born in Michigan deprived of their equal rights by Michigan’s discriminatory and harmful adoption laws. To navigate this system, adoptees will need to deal with state courts and the Michigan Department of Health and Human Services (MDHHS). That agency overseas the state’s public health bureaucracy and has ultimate authority for adoptees’ official vital records—including their original birth documents.

This guide provides practical advice and logistical assistance. You also will need to review the FAQs I have published on my website for my forthcoming book on adoption. Also consult tips published by Bastard Nation’s Shea Grimm (dated but still relevant) on accessing your adoption records. This is not Michigan specific, however.

Click on this image to see adoptee rights lawyer Greg Luce’s illustration of the Michigan “donut hole” that denies thousands of Michigan adoptees access to their birth record. Image courtesy of Greg Luce, https://adopteerightslaw.com/.

Michigan Adoptees Born Between 1945 and 1980

This guide focuses on Michigan adoptees born between May 28, 1945 and September 12, 1980. I was born during this time. According to the state’s website, “For those adoptions that occurred between May 28, 1945 and September 12, 1980, the release of the original birth certificate is contingent upon a court order.” As an adoptee seeking your OBC, that means you are almost certainly going to court, and it will not be easy. More on that shortly.

This 35-year span defined by law was not an accident. These were the boom years for adoption, when single women who became pregnant were pressured by society and many powerful medical, social work, and religious groups to give up millions of infants through the late 1970s. Thus the law intentionally harms the biggest pool of adopted citizens from the state by restricting their right to know who they are and their family ancestry and medical history.

Getting a Court Order: An Uphill Slog through a Hostile Environment

Those born before May 28, 1945 or after September 12, 1980 still face legal barriers. Read this summary of state law, published on the Adoptee Rights Law Center website. Greg Luce, an adoptee rights advocate who runs this website, elegantly describes Michigan’s convoluted system this way: “Michigan has such a confusing and complex system that only lawyers or those invested in such a complicated bureaucratic framework could fully comprehend it. To seek an OBC in Michigan you must 1) apply through an agency or court, which 2) forwards a clearance request form to the state’s “central adoption registry,” which 3) searches the registry and then 3) returns a clearance reply form to the court or agency that 4) is used to inform the adoptee that 5) a birth parent has denied any release of information (and the OBC is therefore unavailable) or that 6) a birth parent agrees to the release of information, upon which 7) the adoptee may obtain a copy of the clearance reply form and may then 7) supply the clearance reply form to the state registrar, which 8) issues a non-certified copy of the original birth certificate to the adoptee. Oh, if you were born between 1945 and 1980, this whole mechanism doesn’t even apply to you. Like other donut hole states, if you fall into that hole you need a court order to get your OBC.”

That is me, Rudy Owens, holding up a copy of my original birth certificate. The words “SEALED” were added to it by state officials–a practice not required by law and further evidence how the state treats adoptees who advocate for equal rights.

Michigan’s Communications to Adoptees Seeking an OBC:

You can read a succinct summary of the process published by the Adoptee Rights Coalition. The state also provides a short summary, which does not address how to navigate court order requests for adoptions that occurred between May 28, 1945 and September 12, 1980.

Key Points for Michigan Adoptees to Consider Before Beginning Court Advocacy for OBCs:

1. Current laws in Michigan, and the way its laws and vital records systems function today, are intended to prevent most Michigan adoptees from getting their original birth documents—forever. Remember that always. I will say that again: Remember that always. The political and legal systems governing adoption laws cause real harm to adoptees and deny them their basic human rights. You must be realistic how this plays out statewide and nationally. The laws vary by state. You cannot afford ignorance of the system or the players who control it. You must educate yourself about this reality. Know your friends and especially your opponents in your effort to achieve equal rights and your OBC.

2. No one will help you who works for the MDHSS, the state’s public health agency that controls your birth records. You can ask them for help, but you will not get it. The agency has an adversarial relationship with adoptees. In fact, you must be prepared to fight them, even once you get your court order—if you get one. They may even attempt to delay the release of your original birth certificate once presented with a judge’s ruling. This happened to me. See my FAQs also.

3. The Michigan Central Adoption Registry is a mostly unaccountable bureaucracy of one employee (Connie Stevens; stevensc2@michigan.gov) with no regulatory oversight. Do not contact it. See Luce’s description above regarding its mandate. Its website states it “is accessed by the court or agency; individual adopted persons do not contact the Registry.” This office does not answer phone calls, but may return one. Expect no help, even if you deserve it and need it.

4. The media may not be sympathetic to you, unless you have some emotional and tear-jerking reunion story. Overall, the media has a tepid interest in adoptee rights and in the past has viewed them in a discriminatory way—sometimes portraying them as uppity bastards who are not thankful they were taken in by loving families, etc. See the adoptee rights group Bastard Nation’s essay on this harmful stereotype. You can try to enlist the media, but do not assume the media will be a natural ally in the court of public opinion. That said, you should engage them, and you may find an ally in their ranks. Always try, and try again.

5. Remember, this takes time. You must give yourself anywhere from three months and much longer. You need to file your paperwork, advocate and push a court to set up a date, have your court date, and then submit, hopefully, your court order to Michigan Vital Records for your original birth certificate (OBC). You are running a marathon, not an 800-meter race. Stay focused on the end goal, always.

6. Rely on yourself. This is a personal journey. Most of us will do it alone. Most of us are not wildly rich and cannot afford to hire people to do unpleasant and tedious advocacy work. I encourage you not to seek help from any so-called confidential intermediaries or social workers. (Please avoid a Michigan confidential intermediary named Darryl Royal–he is not a real adoptee rights advocate.) There are some true legal advocates out there who work on cases. I suggest contacting the Adoptee Rights Law Center for possible tips if you really have a strong case needing litigation.

Starting Your Court Order Request:

Adoptees in the donut hole years need to find the court of jurisdiction for adoption records requests. For Wayne County/Detroit, where I was born, it is the Family-Juvenile Division of the Third Judicial Circuit Court of Michigan. Its address and contact information is:
Third Judicial Circuit Court, Family Division
Attention: Post Adoptions
1025 E. Forest Avenue
Detroit, MI 48207-1098
Tel: (313) 224-5261; direct line: (313) 833-0032

Circuit courts likely have jurisdiction for issuing court orders for an adoptee. Find your court of jurisdiction here. This may be the hardest detail to figure out. The Third Judicial Circuit Court covers anyone born in Detroit, and adoptees there number in the thousands because that was home to Crittenton General Hospital, one of the nation’s largest maternity hospitals that facilitated adoptions for more than 30 years.

Download or request the instructions from the court in your jurisdiction, or contact that court for additional information. The instructions from the Family-Juvenile Division of the Third Judicial Circuit Court of Michigan are found online. Make a copy for your records.

Here are the instructions for Wayne County adoptees seeking to set up a court date and to petition a judge. Before you send your request in, make a copy of everything. Send your request certified mail. Make a cover letter listing everything you are sending and be courteous and professional. Show the court and judge that you are a professional and have your case in order. Show them you know the law and your rights.

You will need to send the following:

  • A $20 filing fee (as of 2016)
  • A copy of your photo identification
  • A copy of your adoptive birth certificate.
  • A completed Release of Information Authorization Adult Adoptee (Form FIA 1920). Include in the comments area on this form that you are requesting your original birth certificate (it’s a short box that says “additional comments”—make your pitch about your rights to your record).
  • A completed Request by Adult Adoptee for Identifying Information (Form FIA 1925).
  • A Form PCA 327 Petition For Adoption Information and Order (note, this is not listed in required forms, and this was added as a last-minute requirement before my court date—so it won’t hurt to do it now).
  • If the birth certificate you are requesting is for a deceased, direct descendant, proof of the relationship and death are required (ie: death certificate, birth certificate, etc.).
  • Also, the above forms should be completed with the information regarding the adoptee.
  • Provide a written statement, no longer than a page, making your case why you deserve your birth record. This is your story, so only you can write it. Note, this is not required, but STRONGLY encouraged.

Please visit this page to review the FAQs for court order requests and hearings.

Bittersweet one-year anniversary of winning court order for my original birth certificate

One year ago today, on June 17, 2016, Michigan 3rd Circuit Court Judge Christopher Dingell signed a court order requiring the Michigan Department of Health and Human Services (MDHHS) to release a copy of my original birth certificate. This decision came more than 27 years after I had found my birth family and knew the names of all my biological kin.

This is what I wrote on June 17, 2016, the day a court order Michigan to give me my original birth certificate: “That’s me on the phone this morning with the Michigan 3rd Circuit Court making the case why an original birth certificate of an adoptee is not a top secret document that should be held under lock and key by a paternalistic state that treats a class of individuals as lesser citizens simply because they were born illegitimately as adoptees. The judge agreed with my points and the facts of the case. Booyah!”

Judge Dingell agreed with facts of my case. Great. We all like to win and see justice prevail.

However, just getting the trial proved almost as frustrating as getting any record from the fanatically-unhelpful MDHHS. (This is the same department that covered up its failings in the Flint lead and water scandal.)

I had to make repeated calls on a weekly basis to get on the court docket. A court date was cancelled without notification or apology.

When the court date came, by phone, the judge’s line of questioning took a bizarre twist, when his questions showed he had more interest in whether my birth father had some abstract legal standing in the matter, not the immorality and openly discriminatory nature of a law that promoted unequal treatment or the denial of a record that should have been given to me nearly three decades earlier, by law.

In fact, the judge took little personal interest in my story at all. What’s more, his out-of-nowhere questions about my birth father had no bearing on my request, as my birth father was dead and more importantly had no legal standing at all in my case. I had already provided the state legal documents in 1989 that should have forced the state to surrender my birth certificate along with other birth records I received.

I will not even begin to discuss the larger historic issue of how paternity issues have historically harmed birth mothers and illegitimate infants throughout history, in often lethal ways, and how the judge’s questions seemed oblivious of historic reality.

The court victory, though satisfying, was another frustrating and also insulting experience that typifies the systemic and discriminatory practices in most U.S. states against U.S. adoptees seeking their equal rights and documents that are theirs by birthright.

No court case should ever had happened, according to at least one approved written statement the MDHHS shared with me after the hearing–see the state’s explanation to question 19 on this summary of the state’s replies to my emailed questions. No official involved in deciding my request for my birth certificate would speak to me on the record, despite repeated attempts to secure interviews with those handling my case.

I wrote a detailed account of my experience on my website, revealing how the state almost certainly broke state law denying my original birth record and enlisted nearly 20 state officials to keep me from having my birth record without any policy rationale or basic human decency. I also alerted more than 20 media outlets about the state’s abuse of power and likely violation of law after I won the court ruling. Only one reporter contacted me, and the newspaper did not write a story.

In the end, the story of an adoptee is essentially the experience of being a bastard–and this came as no shock to me. It is the experience that many adoptees live navigating secretive public health agencies and the courts for many decades of our lives. 

I describe my journey culminating in my court victory in my forthcoming book on my experience seeking justice as a U.S. adoptee. Today, only nine states allow adult U.S. adoptees to access their birth records and, essentially, be treated equally under the law like other Americans in seeking their identity and the most essential identity document humans will own.

 

How many infants were relinquished to adoption?

I just published a short essay on the the limited and imprecise data available on the number of U.S. adoptees who were relinquished during the boom years of adoption between 1944 and 1975. The most frequently quoted data cited in most respected sources comes from a 1984 paper published by Penelope Maza for the United States Children Bureau. I have put her data into an easier to read chart.

Number of Adoptees in the United States Adoption Boom Years

Table 1: Penelope Maza published the most frequently cited population data study on the number of U.S. adoptees born in the United States from the 1940s through the 1970s in her paper called ““Adoption Trends: 1944-1975,” in 1984.

On my of goals for my forthcoming memoir, You Don’t Know How Lucky You Are, is to show policy-makers, the media, adoptees, the public, and researchers the size of the adoptee population in the country.

It is likely not a coincidence that the data collection on the number of adoptees has always been imprecise. I cannot rule out that the role of secrecy, shame, and stigma attached to this class of human beings mattered in the way they have been improperly counted. This lack of precision likely prevents the public and also public health and other experts from truly understanding the scope this modern social engineering experiment.

As most health and public health experts say, “If you aren’t counted, you don’t count.” This rule applies today because of the imprecise system for counting U.S. adoptees by the U.S. Census Bureau (only started in 2000).

There is also no standard practice for counting adoptees in each state by the states, many of which lack adequate auditing procedures to help lawmakers understand the scope of people impacted by their policy decisions and lawmaking that impact adoptees. Those decisions can continue to deny a class of people equal rights under the law simply because they were, almost certainly, born out of marriage and illegitimate, and placed for adoption.

State of Michigan public health officials I contacted for my book and during my quest for my original birth certificate could not share any data with me on the number of adoptees impacted by their laws. They claimed, “It would not be possible to determine this number.”

This again showed me the simple truth that if you aren’t counted, you don’t count.

 

 

Many U.S. adoptees become expert researchers because of legal discrimination

Photo of Adoptee Records and Research for Book on Adoption in the USA

My vital records and research on my adoption experience now fill a box. For most people, they have a single file, with their original birth certificate. I was denied that by the adoption system and discriminatory laws.

Many adoptees may have a box or several boxes that look like mine. It is my adoption records box. I have taken it everywhere I have moved over the last three decades. 

Unfortunately I had to become an archivist just to know who I was. That is because the state where I was born, Michigan, had laws that denied me my human right to know who I was and where I came from. I was forced to play a game that unfortunately went on for nearly 30 years, without any apology from anyone in state government who did everything they could to prevent me from rightfully knowing my past.

However, I was really good. Records I kept and used were instrumental in my later and final battle with Michigan’s discriminatory public health  system that did all it could to keep my birth certificate from me, even though I knew my birth family and mother for decades. Welcome to my world and the world of tens of thousands of adoptees.

Most people’s vital records files have one document, and that is it. My story has a box. My book tells that story that is contained in papers in that box. 

Health professionals have professional responsibility to help adoptees change state laws

Yesterday, I visited a medical specialist for a routine visit. Like every office of doctors and dental professionals I have seen for well over three decades, this office asked for background about my medical history. Such information can be helpful as shown by nearly all peer-reviewed science to offer information to help patients receive appropriate and responsible health care. 

For the majority of American adoptees, however, this simple process can be insulting and demeaning. It is another reminder how laws in most states deny potentially life-saving information to them because they are adopted. No other group in the United States is denied this critical health information based on status of birth alone. I devote a chapter to practice and problem in my forthcoming book, You Don’t Know How Lucky You Are (Chapter 8: Who Am I?).

The National Institutes of Health highlights why every person needs to know their family history–it can be a matter of life and death with cancer.

Health professionals more than any other group are aware of the role genetics and family history play in determining a patient’s likelihood for disease, health problems, and risks from illness. I wrote at length about his in my post from March 20, 2016, when I was advocating to get my original birth certificate from the State of Michigan (I won that battle three months later). I noted, “Adoptees like all other Americans should by legal right be entitled to this potentially life-saving information. The National Institutes for Health reports there are more than 6,000 genetic and rare diseases. These afflict more than 25 million Americans, and about 30 percent of early deaths can be linked to genetic causes.”

Yet there is almost no support from anyone in all of the health professions or groups like the Centers for Disease Control and Prevention with the rare exception of the American Academy of Pediatrics, which has taken a public stand advocating for this at the national policy level as a matter of science and public health. (Note, this group also was among many health experts who advocated in 1960 for adoption as a social-engineering policy decision that relinquished hundreds of thousands of infants–a little-known and controversial position I explore at length in my forthcoming book [Chapter 2: The Most Suitable Plan]}.

To my surprise, the office I visited did ask if I was adopted or if I did not have access to my family medical history. I was astounded. This was the first time I have ever seen any health facility acknowledge adoptees and that adoptees may not legally have access to their family health history as a matter of legal discrimination denying them their original birth records. 

When I completed my intake forms, I noted this fact and specifically wrote on the form saying it was the first time any health provider acknowledged the existence and reality of an American adoptee. When I completed my exam, I thanked my doctor for this evidence-based protocol and told her it acknowledged millions of Americans may not have their medical history at no fault of their own. She told me her practice absolutely needed to know a patient’s background because many of the health problems they address have genetic precursors. 

I also told her that my forthcoming book would be examining this topic at length. She was excited to hear about this and told me she would like to see the book. That conversation also told me many doctors may also like to know about the issue linking health, public health, and adoption and that my book can reach a large audience of readers who could become advocates for legal reform to change discriminatory state laws.

My immediate proposals to address this are two-fold. For anyone who is an adoptee, I encourage them to tell all of their health providers to change their intake forms to acknowledge health history is a legal issue that adoptees cannot change alone, and that medical professionals have moral and professional responsibilities to issue statements supporting birth record access for all adoptees, without exception. For medical professionals, I encourage you to become familiar with state laws that seal adoptees’ records and explain to the public how this undermines public and human health. This is within your range of practice to encourage healthy lives for everyone. Public health practitioners also need to be part of this, including the CDC.