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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5961 August 18, 1981 PUBLIC HEALTH, DEPARTMENT OF: Duties of state registrar relative to new certificates of birth VITAL STATISTICS: Substitution of new certificate of birth for original The state registrar should require a local registrar to substitute a new certificate of birth established by the state registrar for the original one. The local or state registrar should seal from inspection the old certificate of birth. Theodore R. Ervin Acting Director Michigan Department of Public Health 3500 North Logan Lansing, Michigan The former director of the Department of Public Health requested my opinion on the following question: When a new certificate of birth is established by the state registrar under a provision contained in the Public Health Code, 1978 PA 368; MCLA 333.1101 et seq; MSA 14.15(1101) et seq, Sec. 2831, may he require a local registrar to substitute a new certificate of birth for the original on file with the local registrar? 1978 PA 368, Sec. 2831, supra, provides for the creation of new certificates of birth by the state registrar in the Department of Public Health upon the happening of certain occurrences; i.e., adoption, establishment of paternity or legitimation, and sex-reassignment surgery. 1978 PA 368, supra, Sec. 2832, reads, in part: '(1) When a new certificate of live birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of live birth. Thereafter, the original certificate and the evidence of adoption, paternity, legitimation, or sex designation are not subject to inspection except upon a court order. '(4) When a new certificate of live birth is established by the state registrar, all copies of the original certificate of birth in the custody of a custodian of permanent records in this state shall be sealed from inspection or forwarded to the state registrar, as the state registrar directs.' 1978 PA 368, supra, Sec. 2813, provides: '(2) The state registrar shall: '(a) Administer and control the only system of vital statistics for this state, as authorized in this part and the rules promulgated pursuant to this part. '(b) Be the custodian of the system of vital statistics. '(c) Exercise superintending control over local registrars and administer and control the activities of local officials and all other persons as to the operation of the system of vital statistics. '(d) Issue instructions for the administration of the system of vital statistics and conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics. '(e) Prescribe, furnish, and distribute forms for vital records and vital statistics or prescribe other means of transmitting vital records and vital statistics information as required by this part and the rules promulgated pursuant to this part. '(f) Prepare and publish reports of vital statistics.' Reading the above provisions together, it is my opinion that the state regirstrar may and should require a local registrar to substitute a new certificate of birth established by the state registrar for the original one. It is my further opinion that the state registrar may also direct the local registrar to seal from inspection all copies of the original certificate in his or her custody, or, alternatively, direct that they be forwarded to the state registrar who shall seal the same upon receipt. Frank J. Kelley Attorney General
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