Delayed birth certificate; MCL 333.2828(3); Mich Admin Code R 325.3220; Original probate action; Burden of proof; Preponderance of the evidence; Competing foreign birth certificates; Witness credibility; Waived constitutional & due-process arguments

The court held that Mich Admin Code R 325.3220 did not control the probate court’s independent determination whether petitioner-Baker was born in Michigan, that Baker bore the burden of proving his Michigan birth by a preponderance of the evidence, and that the probate court did not err in finding he failed to do so. The DHHS previously issued Baker a delayed Michigan birth certificate after he produced a 1973 Egyptian birth certificate stating he was born in Michigan. It later rescinded the certificate after learning that Egypt issued another birth certificate in 2009 stating that he was born there. Baker then sought an order under MCL 333.2828(3) establishing his Michigan birth. The court rejected his argument that satisfying Rule 325.3220’s documentary requirements established a prima facie case and shifted the burden to the DHHS to prove his evidence was false or invalid. Those administrative rules governed the agency’s issuance and rescission of delayed certificates, while the probate proceeding was treated as an original action requiring the court to independently determine the facts. Thus, Baker had to establish that “it was more likely than not that he was born in Michigan.” The evidence included the conflicting Egyptian birth certificates, testimony from Baker’s half-brother recalling Baker’s birth in Detroit when the witness was eight years old, and Baker’s own 2012 federal filing stating that he had applied for and received an Egyptian birth certificate. The probate court found the half-brother’s testimony not credible and concluded the conflicting evidence did not establish a Michigan birth. The court deferred to that credibility determination and was not definitely and firmly convinced a mistake was made. Baker’s additional constitutional, due-process, and reconsideration arguments were waived. Affirmed.