Can a person register his child's name in Michigan after a long delay?
Full Question:
We couldn't register our son’s birth due to some conflicts between me and my husband regarding his name and surname. He turned 5 years when we finally decided the matter in a common interest. Is a birth registration necessary in Michigan? Can we register his name now in order to get his birth certificate?
05/03/2017 |
Category: Vital Records |
State: Michigan |
#36558
Answer:
The following are Michigan statutes in this regard:
§ 333.2821. Birth registration required; filing record of birth; time of registration; transmission to childhood immunization registry.
Sec. 2821. (1) Birth registration is required for each individual born in this state.
(2) A record of birth for each live birth that occurs in this state shall be filed at the office of the local registrar not more than 5 days after the birth. The birth shall be registered when the filing is completed.
(3) Upon receipt of a vital record consisting of a birth registration transmitted by a local registrar pursuant to section 2815(2), the state registrar shall transmit the information contained in the birth registration to the childhood immunization registry created in section 9207.
§ 333.2827. Failure to register birth within time prescribed; filing certificate of birth; registration of birth subject to evidentiary requirements; marking certificate "delayed" and showing date of delayed registration; endorsing summary statement of evidence on certificate; failure to register due to conflict of information.
Sec. 2827. (1) When the birth of an individual born in this state has not been registered within the time period prescribed in section 2821, a certificate of birth may be filed in accordance with procedures established pursuant to section 2896 or as otherwise provided under subsection (4). The certificate shall be registered subject to evidentiary requirements the department prescribes to substantiate the alleged facts of birth.
(2) Except as otherwise provided under subsection (4), a certificate of birth registered 1 year or more after the date of birth shall be marked "delayed" and show on its face the date of the delayed registration.
(3) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
(4) A certificate of birth that was not originally registered due to a conflict of information provided pursuant to section 2824(1) shall be registered upon the resolution of that conflict or upon the child who is the subject of the certificate of birth reaching the age of 18. A certificate of birth registered pursuant to this subsection is considered to have been filed and registered on the date the department originally received the birth information and shall not be marked "delayed".
§ 333.2824. Registering name of husband as father of child; registering surname of child; consent; acknowledgment of parentage; designating surname of child; entering name of father and surname of child on birth certificate; father not named on birth registration; utilization of assisted reproductive technology; reference to legitimacy or illegitimacy prohibited.
Sec. 2824. (1) The name of the husband at the time of conception or, if none, the husband at birth shall be registered as the father of the child. The surname of the child shall be registered as designated by the child's parents.
(2) If the child's mother was not married at the time of conception or birth, the name of the father shall not be entered on the certificate of birth without the written consent of the mother and without the completion, and filing with the state registrar, of an acknowledgment of parentage by the mother and the individual to be named as the father. The acknowledgment of parentage shall be completed in the manner provided in the acknowledgment of parentage act. For a certificate of birth completed under this subsection and upon the written request of both parents, the surname of the child shall be designated by the child's parents.
(3) If the name of the child's father cannot be shown under subsection (1) or (2), the child shall be given the surname designated by the mother.
(4) If the paternity of a child is determined by a court of competent jurisdiction, the name of the father shall be entered on the certificate of birth as found and ordered by the court. The surname of the child shall be entered on the certificate of birth as designated by the child's mother.
(5) If the child's father is not named on the birth registration, no other information about the father shall be entered on the registration.
(6) A child conceived by a married woman with consent of her husband following the utilization of assisted reproductive technology is considered to be the legitimate child of the husband and wife.
(7) After May 30, 1979, a birth certificate shall not contain a reference to the legitimacy or illegitimacy of a child.
§ 333.2896. Rules; minimum requirements.
Sec. 2896. The department may promulgate rules necessary or appropriate to implement this part. The rules shall include, at a minimum, procedures relating to filings; form and content of vital records; minimum documentation required for the issuance or amendment of certificates or permits; inspection or disclosure of records and sealed files; fees; and the disposition of reports and applications not actively pursued.
