326.38 Adoption of foreign born children; order of adoption as delayed registration of birth; statement of date and place of birth; petition to amend order of adoption; f

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326.38 Adoption of foreign born children; order of adoption as delayed registration of birth; statement of date and place of birth; petition to amend order of adoption; filing of order; forwarding certificate of amendment.

Sec. 8.

(1)When a resident of this state adopts a child whose birth occurred outside the United States, a territory of the United States, and Canada, the order of adoption issued by the probate court shall constitute a delayed registration of birth. The court order shall contain a statement of the date and place of birth.

(2)If the date and place of birth cannot be documented from foreign records, or a medical assessment of the development of a child indicates that the date of birth stated in immigration records is not correct, the court shall determine the facts, establish a date and place of birth, and issue a delayed registration of birth.

(3)Upon a petition of an adopted child whose birth occurred outside the United States, a territory of the United States, and Canada, or a petition of the child's adoptive parent, the court which issued an order of adoption for that child before the effective date of this section may amend its order for the purpose of issuing a delayed registration of birth.

(4)The clerk of the court which issues a delayed registration of birth shall file a true copy of the order with the department of public health. The department of public health shall forward a certificate of amendment to the United States immigration and naturalization service or the United States department of state with a request that the recipient agency correct its records accordingly.

History: Add. 1976, Act 159, Imd. Eff. June 18, 1976