5 Colo. Code Regs. § 1006-1-4

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1006-1-4 - REGISTRATION OF BIRTH

SECTION 4.1Sex Designation

The record and certificate may identify the sex designation as female or male at the time of birth and may be amended pursuant to Section 5.5 to identify the sex designation as female, male or "X".

SECTION 4.2Delayed Registration of Birth

Any birth registered 1 year or more after the date of birth, constitutes a delayed registration of birth.

1. Any individual eighteen years of age or older or an emancipated minor, born in the state of Colorado whose birth is not registered in this state may request the registration of a delayed report of birth.

2. If an individual is under 18 years of age, the request for registration of a delayed report of birth may be submitted by one of the following in the indicated order of priority:

a. One of the parents of the registrant,

b. The legal guardian of the registrant,

c. The legal custodian of the registrant, or

d. In the absence, inability or refusal of a parent, guardian or legal custodian, any next of kin who is eighteen years of age or older, at least ten years older than the registrant, and has personal knowledge of the facts of live birth.

1. An individual requesting registration of a delayed report of birth must provide a sworn, signed and notarized statement that establishes in the form and manner required by the State Registrar:

a. The full name of the person at the time of live birth;

b. The date of birth and place of live birth;

c. The full name of the mother prior to first marriage;

d. The full name of the father unless parentage needs to be amended pursuant to Section 5.

2. To establish these facts, the requestor must submit the following documentation:

a. One document showing name;

b. Two documents proving birthdate or age (at least one showing actual birthdate);

c. Two documents proving birthplace; and,

d. One document proving parentage.

At least one of the documents identified above must be have been created during the first 10 years of life. One document may be a sworn affidavit that is notarized.

3. The State Registrar may require additional evidence in support of the facts of birth and/or an explanation of why the report of birth was not registered within the required ten days.

C. The State Registrar, or their designee, shall determine the acceptability of all documentary evidence submitted. All documents must be internally consistent. Each document must be verifiable and originate from separate sources and must be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document. Documents may include, but are not limited to:

1. Census records;

2. Hospital records;

3. Military records;

4. Social security records;

5. Voter registration records;

6. School records; or

7. Other documents as designated by the State Registrar.

D. The submission and documentation shall be reviewed and upon approval, an abstract will be developed. The abstract will identify each document submitted to support the facts shown on the delayed birth certificate including, the title or description of the document, the date of the original filing of the document being abstracted, and the information regarding the birth facts contained in the document. The abstract will be attached to the delayed certificate of birth. Original documents submitted in support of the delayed birth registration shall be returned to the applicant after review and abstraction.

1. The State Registrar, or their designee, shall, by signature, certify that no prior birth certificate is on file for the person whose birth is to be recorded, that the evidence submitted has been reviewed and abstracted, and that the documentation establishes the facts of birth.

2. Births registered after ten days, but within one year from the date of birth, shall not be marked "delayed."

F. Requests for delayed certificates which have not been completed within one year from the date of application may be dismissed at the discretion of the State Registrar. Upon dismissal, the State Registrar shall so advise the applicant and all original documents submitted in support of such registration shall be returned to the applicant

5 CCR 1006-1-4

38 CR 15, August 10, 2015, effective 9/14/2015

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 20, October 25, 2019, effective 1/1/2020

44 CR 23, December 10, 2021, effective 1/14/2022