Category Archives: Adoptee Rights

Michigan Department of Health and Human Services ignores two court orders to release adoptee’s original birth record

The Michigan Department of Health and Human Services (MDHHS) and its Vital Records office is illegally denying an adult adoptee (me) two extra copies of their original birth record after the agency received a court order on Oct. 4, 2024 to release two copies.

See my video that I published the day I received this denial by mail on October 15, 2024.

MDHHS has a long and very well-documented record of treating Michigan-born adoptees unprofessionally, and in my case, outside of the boundaries allowed by law. This fits a pattern I have experienced for years. I dealt with similar efforts to withhold my legal vital record in 2016.

MDHHS denial letter in violation of state law sent to Rudy Owens on October 7, 2024

The denial letter is signed by State Registrar Jeffrey Duncan. It is also dated October 7, 2024, three days after the agency received my latest court order from the Third Circuit Court of Detroit ordering this agency to release two copies of my original birth certificate that it was also compelled to release already by a separate court order order received by MDHHS in June 2016.

The second court order was not legally required by law–repeat, not required by law. The letter did not cite a statute because no such statute exists for this action. So as of October 4, 2024, it possesses two standing and lawful courts orders now to release two copies of my original birth record. It received all my required documents on August 16, 2024 (I have legal proof of that) and even cashed my check paying for my two records (I have that cashed check too, August 20, 2024).

A section of the latest court order requiring MDHHS to release two copies of Rudy Owens’ original birth certificate

They have my request, my money, extensive records proving my identify, my birth mother’s consent form to release my records from April 1989, and two court orders compelling them to obey the law.

Withholding my extra copies of my original birth record–I already have an original copy I obtained in July 2016–is an attempt to avoid their lawfully prescribed duties. This should be of concern to the media, the Michigan Attorney General, and thousands of adoptees already treated without any basic courtesy by MDHHS staff. I will be providing updates later.

I’ve alerted the media, adoptee rights organizations, and state lawmakers. Also, I have never forgotten who I am and always will be: the “Bastard from Detroit.”

One of the state’s most powerful state bureaucracies continues to act like I am deserving of being treated as a non-human, which historically is how bastards like me have been abused and harmed for centuries in the USA and in countless societies globally. Today’s harm is systemic denial of legal equality, and in Michigan and MDHHS’s case, failure to obey the law.

See my first video that I posted when I filed by request for two extra copies of my original birth certificate and my video made after I filed a request for a redundant court order that is not required by law for MDHHS to release my vital record it must do by law already. I posted this video the day I filed my request that was just illegally denied by MDHHS on October 7, 2024.

 

Filing second request for my original birth certificate being illegally withheld by Michigan

On September 30, 2024, I submitted an additional and completely redundant court order compelling the Michigan Department of Health and Human Services (MDHHS) Vital Records office to release two copies of my original birth certificate.

The public health officials at Vital Records already were required by state law to release these records by a court order they received in 2016. Instead, the agency chose to flagrantly disobey the law. The two copies I requested were not released, as required by state law. The agency cashed my check and then coordinated a strategy with a Michigan court how to force an adoptee to take steps that are not prescribed by law. This has been a practice, according to a court official I spoke to anonymously, for two decades—and this is illegal.

I then requested and then received in late September 2024 the necessary court order from the 3rd Circuit Court of Michigan, in Detroit, ordering MDHHS to surrender the two original birth certificates I requested. This court order already was in the agency’s files.

I mailed in that order with a letter reminding MDHHS it had received my request for my records in mid-August six weeks earlier and was failing to adhere to the law.

This has happened to other adoptees in other states, where public health bureaucrats violate law and harm adoptees intentionally, often without any consequences and certainly no investigation of willful wrongdoing in managing critical vital records of a person’s original identity—the single most important vital record of all persons.

I am now waiting for my two original birth certificate copies.

This is the third video in my series documenting the state’s handling of vital records requests by adult adoptees, specifically those who have already secured a legal court order forcing the state to release a copy of an adoptee’s original birth certificate without any barrier such as requests for additional court orders for duplicate copies. I will post another video update on how Vital Records complies, finally, or continues to remain in violation of state managing vital records.

See my first video that I posted when I filed by request for two extra copies of my original birth certificate and my video made after I filed a request for a redundant court order that is not required by law for MDHHS to release my vital record it must do by law already.

Michigan Vital Records likely violates state adoption laws forcing extra court orders

The Michigan Department of Health and Human Services (MDHHS) has received my request I filed on August 13, 2023, for two additional copies of my original birth record.

To date the Vital Records office that handles these requests has not replied to me after more than three weeks after having cashed my check for the records on August 22, 0224.

However, it appears MDHHS and the Third Circuit Court of Detroit are coordinating my request, even though the court has no need to involved, as it issued me a court order already in June 2016 to force MDHHS to release copies of my original birth record. That court order has no time limit or other conditions for an adoptee to get additional future copies of their original birth certificate, as that statute is written.

Because this is an important policy issue impacting many adoptees in Michigan and other states, I am documenting this publicly.

I published my second video on this topic on August 27, 2024.

By doing this I am showing how Michigan’s public health office, MDHHS, manages vital records requests by adult adoptees, specifically those who have already secured a legal court order forcing the state to release a copy of an adoptee’s original birth certificate without any barrier such as requests for additional court orders for duplicate copies.

The Third Circuit Court in Detroit also has a unique role with adoptee birth record cases in Michigan because it handles adoptees’ request for court orders for the many thousands of adoptees born in Detroit, especially at Crittenton General Hospital.

This was one of the largest maternity hospitals and adoption mills in U.S. history that handled thousands of adoptions between 1933 and 1974, when it closed.

This court played a key role in my effort to get my birth record held improperly for decades, even after I had met my birth kin and my mother had sent in a signed consent form to release my birth certificate in 1989. The court sided with me in late June 2016 to compel MDHSS to unseal my original birth certificate 27 years after I found my birth parents.

I contacted the clerk at the court, after I had mailed in my request for two more copies of my original birth records, as a courtesy matter in case I might encounter delays “bureaucratic snafus” at MDHHS—an agency with a reputation for denying Michigan adoptees any assistance in managing record requests, intentionally. I knew MDHH might not issue additional copies of my birth record.

A clerk at the court told me by phone and through email correspondence that I would have to get another court order to get additional copies of my original vital record, even though this is not required by law. (See my video I published on this on August 15, 2024.)  

Yet, no provision exists in law requiring that.

MDHHS’s decision to not reply to my request for rush order service, I believe, is intentional to prevent legal accountability.

The law is clear, however.

The actions that MDHHS is taking now, through the court, is beyond the scope of state law, and they are denying basic legal rights to Michigan-born adoptees illegally by actions to me and others for what I have heard is now years.

The clerk I am working with is thoughtful, and I think their staff just want me to get my original birth record copies without grief. MDHHS, by forcing me to get another court order, is continuing to establish legal precedent for treatment of all Michigan born adoptees not defined in statute or even public communications. They seek additional power that is not written into law, and it  is a harmful legal precedent for this agency to enforce.

Also, MDHHS knows who I am. They have a file on me, and I know this because I’ve read emails where I have been discussed by their officials.

I published those public records in my book, You Don’t Know How Lucky You Are, and online. They also know I have now been covered multiple times by Michigan Radio discussing the injustice of current adoption laws in Michigan denying thousands of adoptees basic human rights.

Once I get news on my latest court order request I will publish more videos documenting what to date is continued denial of basic legal rights and a violation of state law by the state agency that holds vital records for Michigan adoptees.

Will Michigan comply with state law and release additional copies of an adoptee’s original birth certificate?

On August 13, 2024, I submitted a request to the Michigan Department of Health and Human Services (MDHHS), with a $62 check, to obtain duplicate copies of my original birth record.

I had to wait 27 years for the vital record to be provided to me in July 2016, after I had provided a signed consent form by my birth mother to release my vital records in 1989. The state and MDHHS only released it after a protracted legal battle that ended with a circuit court in Detroit ordering the state to release my original record of birth.

I am very aware of how this historically anti-adoptee state public health and health agency will likely respond to me as an adoptee. I am simply requesting records provided to all persons but adoptees as a matter of courteous government service with minimal state fees. But I expect this will not be courteous or in compliance with statute. MDHHS has a record of hostile behavior to Michigan-born adoptees, which I have documented now for years.

So I am documenting the process by video and other means to provide a public record of my activity. My goal is to highlight issues of denied legal rights to all adoptees and the discriminatory treatment millions of them face through basic civil processes that should be fulfilled as a basic government service: providing a vital record.

MDHHS provides no public information stating only one copy of a record can be released.
www.michigan.gov/mdhhs/faq/adoption/can-the-adult-adoptee-obtain-a-copy-of-the-original-birth-certificate
www.michigan.gov/mdhhs/adult-child-serv/adoption/adoption-faqs

There are several relevant Michigan statutes that set out adoption laws relevant to issues facing adoptees of my generation: 710, 333, 368. None establishes any conditions to deny the release of more than one original birth certificate to someone such as myself who provided a court order already. In fact, the statute states here, § 333.2882 does simply state, the original birth certificate is accessible “upon a court order.” I met this condition with the order already sent to MDHHS in June 2016, forcing it to send me a copy of my original birth certificate. I re-sent MDHHS on August 13, 2024, what I sent earlier in June 2016 and a copy of my vital record it sent me in July 2016 to prove it has already released the record before.

I have already learned from one of my trusted public contacts familiar with state adoption processes that I can expect MDHHS to reject my request, even though there is no law that would allow that.

I will provide additional videos later to document the outcome of what could be another useless fight that only signals that adoptees remain second-class humans subjected to decades-long legal discrimination entirely because of their adoptee status.

See my website for more details about Michigan’s nearly impossible barriers for adoptees to access their original vital records.

Remembering my alcoholic adoptive father on Father’s Day

I am hiding, intentionally, the identities of my adoptive father, left, and his two younger brothers, and their father. (Date and location of photo unknown; mid-1940s or a bit later?)

The past week and a half saw different stories of my adoptive life joining together.

The first was the death of the last surviving brother of my adoptive father at the end of May 2024, and news of his death reaching me in early June 2024.

The other story is what this man hid and shared with me about my adoptive father, his older brother.

My adoptive father died in 1985 after long bouts of health problems, including the impacts from decades of alcoholism. Ultimately his addiction took his life, cruelly even, after barely six decades alive. He died separated from many who knew him early in his life. It was a bad ending.

I remember him still, to this day, as a very unhappy but smart man. I also cannot calculate the incalculable harm he dealt to my adoptive mom, my adoptive sister, and me. Alcohol was his demon, and those ensnared in his cage of self-destruction were us.

My adoptive father had three brothers. They were raised in a very strict German-American family in the Cleveland suburbs, when it was a bustling city with many thriving industries. The oldest died a ruptured appendix when he was 13 years old. This likely led to an enormous burden of German family pressure thrown on my adoptive father’s shoulders, as the next oldest son. My adoptive grandfather was big and domineering, and I can barely remember him. He likely pushed my adoptive into the Lutheran seminary, at Concordia Seminary in St. Louis, when my adoptive father was right out of his Lutheran boarding school.

There were also two other brothers. The youngest of the four died in 2017 at the age of 86. The brother between them, who peacefully passed away in late May 2024, died at the age of 97.

As I was writing my book on my adoption story between 2015 and 2018, this last dying brother agreed to provide some background to my adoptive father’s life. I had to push him for this information. After receiving my request and knowing that he had stories to tell hidden inside, he sent me two well-written, but carefully framed pages describing my adoptive father’s extremely troubled life.

At last the dark secrets
I learned things never shared with me before, held from me for more than five decades.

Many might say a “dirty secret,” especially from an undeserving adoptee who should just be grateful for being taken into a “loving family,” is best kept hidden.

I shared that dark secret in my book. In my book, I describe how my adoptive uncle told me my adoptive father was already an alcoholic before I was placed for adoption. In fact, my adoptive father had been in a treatment program before I was placed with him and my adoptive mother.

As to whether the social workers who did the home study visits of my adoptive parents’ west Detroit house knew about his treatment remains unknown.

That two-page summary I still have finally revealed this long-hidden chapter in my adoptive father’s life with other revelations I won’t share. He likely should never have been given charge of children because of his substance abuse problem. (My adoptive sister had been placed with them two years before me.)

Within eight years of me being placed with my adoptive parents, and after years of my adoptive father’s physical abuse of my adoptive mother and other events I won’t share, they divorced. I also was obligated to see him for about four more years or more, which exposed me and my sister to nearly being killed when he was driving us in a drunken stupor with us as passengers.

None of these tales are new. I have shared them very publicly.

My book explored my father’s troubled past, only slightly
In fact, in the introduction to my book, You Don’t Know How Lucky You Are, made clear the reality of what my youth was like living in the shadow of a violent, alcoholic father and failed adoptive parent: “At times, when he was drunk, he could have killed my sister and me on more than a dozen occasions—when he would drive us in a total stupor. My adoptive family’s struggles were not pleasant, but they are also things no one could have predicted, and their meaning and purpose may still not even be clear to me. However, the way I confronted these challenges was uniquely my own, and I own how I addressed my reality and the conditions of my life. No one else is responsible for that.”

I am glad my adoptive uncle who just passed away lived a long, healthy life, with many children and some biological grandchildren of this own.

But I will never know why he chose to keep my adoptive father’s dark secrets hidden from the people most harmed, for half a century.

I think he may have felt the “past was the past” and that my father’s early death was punishment enough.

But I also think that he simply was incapable to genuinely considering me and my sister as being worthy about the truth of what happened to us, changing our lives forever, in very painful ways for my adoptive sister and my adoptive mother. I was resilient, but at a high cost. 

We were never my adoptive uncle’s biological kin. We were “relinquished” babies, and perhaps he thought we should just be grateful our entire lives and accept our fate, including the violence and chaos that came our way. I don’t really know.

In my book, I also describe forgiving my adoptive father. I decided to do that when I was 18 years old and started my life living away from home, forever. It represented one of the most mature and smartest things I ever did. I had the power to act with forgiveness. In that sense, I became the master of my destiny, not bound by the harm of the past.

When the past comes back, like it does now with my adoptive uncle’s death, it’s a good time to recount the story. We need to be honest about what adoption truly is and who is impacted by it.

As for the holiday celebrating “dads,” you’ll forgive me for not pausing to acknowledge the day as something meaningful.

This corporate marketing day has a different meaning for many who have stories like me. On this so-called “Father’s Day,” we’ll also give most of you celebrating this day a free pass too, for not recognizing the many in our camp with a “father” like my own.

Maybe one day you’ll care enough to truly acknowledge us too.