5 Colo. Code Regs. § 1006-1-4

Current through Register Vol. 47, No. 20, October 25, 2024

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

SECTION 4.1Sex Designation (Section 25-2-113.8, C.R.S.)

A report of birth, filed with the State Registrar, must be completed in accordance with the information required by the National Center for Health Statistics in the Centers for Disease Control and Prevention in the federal department of Health and Human Services.

An amended birth certificate may be issued to change the sex designation of the person to male, female, or "X" pursuant to the requirements of this Section 5.5. "X" is a designation that is neither male nor female.

SECTION 4.2 Delayed Registration of Birth (Section 25-2-114, C.R.S.)

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 apply for registration of a delayed report of birth.

2. If an individual is under 18 years of age, the application to register 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, legal 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 applicant for 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 applicant 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 have been created during the first 10 years of life. One document may be a sworn, notarized affidavit.

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 10 days.

C. The State Registrar shall determine the acceptability of all documentary evidence submitted. All documents must be internally consistent. Each document must be verifiable and originate from a separate source and must be in the form of the original record, 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 official, verifiable documents as determined acceptable at the State Registrar's discretion pursuant to section 25-2-114(2), C.R.S.

D. The submission and documentation shall be reviewed and upon approval, the birth shall be registered. Original documents submitted in support of the delayed birth registration shall be returned to the applicant.

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 10 days, but within one year from the date of birth, shall not be marked "delayed."

F. When an application to register a delayed report of birth is denied, the State Registrar shall issue notice advising the applicant of the basis for the denial and the applicant's right to appeal as provided in Section 25-2-114(2), C.R.S.

G. Applications to register a delayed report of birth which have not been completed by the applicant 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

47 CR 18, September 25, 2024, effective 10/15/2024