Tag Archives: Michigan 3rd Circuit Court

You are invited to a webinar on petitioning courts for original birth records

First, please add this event to your calendar. Great. Thanks for doing that!

Everyone is invited, because this is an issue that is about what many of us care about deeply: equality, fairness, and the right to know who we are.

This webinar will focus on something bigger than vital records and court processes.

This discussion will be about power relationships. Those relationships are communicated through symbols that are invested with far more meaning than what they appear to have on the surface.

And anything invested with this much magical and symbolic power is worth the fight.

The symbol I’m talking about is perhaps the single most important document any human can possess: their original birth certificate.

For decades, this document has been withheld from U.S. adoptees, through discriminatory state laws that still deny millions of persons equal treatment by law, in violation the United Nations Declaration of Human Rights and equally the 14th Amendment of the U.S. Constitution.

Right now the people working to change these harmful laws are those denied the right to know who they are, where they came from, and who they can call their blood kin.

One way that many states provide the most slender means for an adult adoptee to get their basic vital record created at birth is through the courts.

Getting to that point is nothing short of a hero’s journey too few adoptees can do for reasons too long to explain in this post. I wrote a book on that issue, which details how the state of Michigan denied me my birth record for decades until I finally took the state’s adoption bureaucracy to court and won my right to what was always mine as a human right.

I hope you join my fellow adoptees and advocates Greg Luce, Courtney Humbaugh, and me for our webinar on March 21, 2021 (1 p.m. PST) about petitioning courts to release adoptees’ original birth records.

For my part in this special event, I’ll be highlighting my experience in Michigan, where it took me 27 years to secure the release of my original birth certificate, even after I had met my birth families.

In my book on this experience, I wrote: “The state never had the legal and moral right to hold my past from me or the right to prevent my birth families from knowing about me. My true birth certificate shows the world that I exist as someone with a past. It shows I have an identity that I alone own. This document is and always has been mine by birthright.”

Learn why adoptees will invest years if not decades fighting for their legal and human rights, including in the courts. I look forward to seeing you there.

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

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 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.

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

In terms of bureaucratic realities that define getting a vital record, those born before May 28, 1945 or after September 12, 1980 will face the greatest, most time consuming, and costliest legal barriers. Read this summary of state law, published on the Adoptee Rights Law Center website. The law is designed almost entirely to keep adoptees, particularly those born between 1945 and 1980, from ever knowing their identity and acquiring their original vital records. And if you survive the gauntlet of the mostly unresponsive state bureaucracy, you still face the opaque and poorly explained court petition process. (See this webinar I participated in on April 21, 2021, on how that works in Michigan.)

Rudy Owens highlights at a book reading the legal system that erases an adoptee’s identity and creates a new one, with two birth certificates.

Michigan’s Communications to Adoptees Seeking an OBC:

The state 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 MDHHS, 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. 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. 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. Go here for information published by MDHHS regarding that state’s adoption legislation and state forms to petition MDHHS for highly restricted vital records of adoptees born in Michigan.

(Last updated July 18, 2023)

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.