Section 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 registrationRule 20.
(1) A living person born in Michigan who has received an official notice from the state registrar that the person's birth is not recorded in the office of the state registrar or that person's parent, guardian, legal representative, or an older person having knowledge of the facts of birth may apply for the establishment of a delayed registration of birth subject to these rules.(2) Application shall 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 an official authorized to administer oaths, by the person whose birth is to be registered if the registrant is 18 years of age or older and is competent to sign and swear to the accuracy of the facts stated therein; otherwise, the application shall be sworn to by 1 of the parents, the legal guardian, a legal representative, or an older person having knowledge of the facts of 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 10 months preceding the birth, the name of the father shall 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 shall 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 shall accompany the application, except that this notice is not necessary for applications received within 1 year of the date the statement was issued.(6) Each of the facts prescribed by subrule (3) of this rule shall be supported by any of the following:(a) Two documents prepared within 5 years of the date of the event.(b) One document prepared within 5 years of the date of the event and 1 document prepared not less than 5 years before the date of application.(c) One document prepared within 5 years of the date of the event and an affidavit of personal knowledge of the birth from an older relative.(d) Two documents prepared not less than 5 years before the date of application and an affidavit of personal knowledge of the birth from an older relative.(e) Three documents prepared not less than 5 years before the date of application.(7) Documents submitted in support of a request to establish a delayed birth certificate which contain signs of erasure, alterations, or changes to the pertinent information shall 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 6 months of 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 and shall return the documentary evidence. The application fee submitted shall be retained. The state registrar shall deny an application when the applicant refuses to submit the required fee or complete 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 shall be forwarded to the applicant indicating the reason for the denial. All documentary evidence shall be returned to the applicant. The application fee submitted shall 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 shall place the record in the active files of the system of vital statistics. A delayed registration of birth shall show on its face a summary statement of the evidence submitted in support of the delayed registration of birth and shall be marked "delayed." A copy of the delayed registration of birth shall be forwarded to the local registrar for the area where the birth occurred. The documentary evidence shall be returned to the applicant.(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 shall be rescinded. The state registrar shall forward a notice of the rescission to the last known address of the applicant. The state registrar shall notify the local registrar of the rescission of the record and shall instruct the local registrar to remove the record from the files.Mich. Admin. Code R. 325.3220