Ala. Admin. Code r. 420-7-1-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-7-1-.08 - Delayed Registration Of Birth Five Or More Years After The Date Of Birth

(1) Prior to applying for registration of a delayed certificate of birth for an individual born in this state, the individual must have requested a search for his or her birth certificate and received a statement from the State Registrar that his or her birth certificate is not on file in the Center for Health Statistics.

(2) Upon receipt of the notification that his or her birth certificate is not on file in the Center for Health Statistics, the individual, the parent of a minor individual or legal guardian, or other legal representative acting on the individual's behalf and who knows the facts of birth may apply for registration of a delayed certificate of birth as provided in Code of Ala. 1975, § 22-9A-9 by submitting a notarized affidavit stating the facts of birth along with the required fee, valid identification, and the required documentary evidence.

(3) To be acceptable, the documentary evidence submitted must support the facts of birth as stated in the affidavit and must meet the following criteria:

(a) The name of the registrant, the date of birth, and the place of birth must be consistent on all documents accepted as evidence to support the facts of birth.

(b) Other than an affidavit of personal knowledge as specified in Code of Ala. 1975, § 22-9A-9(3) e, documents accepted as evidence to support the facts of birth must have been established at least five years prior to the date of application or prior to the tenth birthday of the individual, must be from independent sources, and must contain a statement or certification from the custodian of the record or document.

1. Acceptable documents include but are not limited to such documents as:

(i) Certified copy of a marriage record;

(ii) Certified copy of a birth certificate of applicant's child;

(iii) Early school records;

(iv) Social Security records;

(v) Passport;

(vi) Military records;

(vii) Federal government census records;

(viii) Government agency records for benefit establishment such as social services, Medicaid, clinical services, or similar services; or

(ix) Other documents acceptable to the State Registrar.

2. Family documents such as records from bibles or genealogical records are not acceptable.

(c) Only one document of each type may be used.

(4) Information contained on a delayed certificate of birth for births registered five or more years after the date of birth shall include, at minimum, the following:

(a) Name of registrant; date and location of birth; sex; mother's name; father's name if the father has been legally determined; information for legal purposes such as certificate number and date filed; and

(b) An abstract of the documentary evidence used to register the delayed certificate of birth that provides a description of the type of document, the date the original document was filed and by whom it was filed, and the information regarding the facts of birth contained in the document.

(5) If the applicant is unable to provide adequate documentary evidence to support the facts of birth, the birth may not be registered except as provided in Code of Ala. 1975, § 22-9A-10.

Ala. Admin. Code r. 420-7-1-.08

Filed June 21, 1990. Repealed and New Rule: Filed June 20, 2007; effective July 25, 2007.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 01, October 31, 2022, eff. 12/15/2022.

Author: Dorothy Harshbarger

Statutory Authority:Code of Ala. 1975, §§ 22-9A-2, 22-9A-6, 22-9A-9, 22-9A-10.