16 Del. Admin. Code § 4205-11.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4205-11.0 - Delayed Registration of Birth

(Authorization: Section 3131)

11.1 Delayed Certificate of Birth Form. All certificates registered six months or more after the date of birth are to be registered on a delayed certificate of birth form prescribed and furnished by the State Registrar.

11.2 Who May Request the Registration of a Delayed Certificate of Birth.

11.2.1 Any person born in Delaware whose birth is not recorded in the state, his/her parent or guardian, or any other person age 18 or older acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to these regulations and instructions issued by the State Registrar.

11.2.2 Each application for a delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if such person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated therein; otherwise the application shall be signed and sworn to by one of the parents of the registrant, his/her guardian, or any other person age 18 or older having personal knowledge of the facts of birth.

11.3 Facts to be Established for a Delayed Registration of Birth. The minimum facts which must be established by documentary evidence shall be the following:

11.3.1 The full name of the person at the time of birth;

11.3.2 the date of birth and state of birth;

11.3.3 the full maiden name of the mother;

11.3.4 the full name of the father; except that if the mother was not married either at the time of conception or birth the name of the father shall not be entered on the delayed certificate except as provided in subsection 11.4.

11.4 Delayed Registration Following a Legal Change of Status. When evidence is presented reflecting a legal change of status by adoption, legitimation, or acknowledgment of paternity, a new delayed certificate may be established to reflect such change. The existing certificate and the evidence upon which the new certificate was based shall be placed in a special file. Such file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the State Registrar for purposes of properly administering the vital statistics program.

11.5 Documentary Evidence - Requirements.

11.5.1 To be acceptable for filing, the name of the registrant at the time of the birth and the date and place of birth entered on a delayed certificate of birth shall be supported by at least:

11.5.1.1 A hospital record created at the time of birth, or two pieces of acceptable documentary evidence, if the record is filed within ten years after the date of birth; or

11.5.1.2 three pieces of acceptable documentary evidence, if the record is filed ten years or more after the date of birth.

11.5.2 Facts of parentage shall be supported by at least one document.

11.6 Documentary Evidence - Acceptability. The State Registrar shall determine the acceptability of all documentary evidence submitted.

11.6.1 Documents presented, including but not limited to census, hospital, church, and school records, must be from independent sources and shall 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. Affidavits of personal knowledge are not acceptable as evidence to establish a delayed certificate of birth.

11.6.2 All documents submitted in evidence:

11.6.2.1 For persons aged ten or older, must have been established at least ten years prior to the date of application, or within three years of the date of birth;

11.6.2.2 for persons under ten, must be dated at least one year prior to the date of application or within the first year of life.

11.7 Abstraction of Documentary Evidence.

11.7.1 The State Registrar, or his or her designated representative, shall abstract on the delayed certificate of birth a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:

11.7.1.1 The title or description of the document;

11.7.1.2 the name and address of the custodian.

11.7.1.3 the date of the original filing of the document being abstracted;

11.7.1.4 all birth facts required by subsection 11.3 contained in each document accepted as evidence.

11.7.2 All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.

11.8 Verification by the State Registrar. The State Registrar, or his or her designated representative shall verify:

11.8.1 That no prior birth certificate is on file for the person whose birth is to be recorded;

11.8.2 That he or she has reviewed the evidence submitted to establish the facts of birth;

11.8.3 That the abstract of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the document.

11.9 Dismissal After One Year. Applications 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 documents submitted in support of such registration shall be returned to the applicant.

11.10 Delayed Registration for the Deceased. No delayed certificate of birth shall be registered for a deceased person.

11.11 Denial of Registration. When an applicant does not submit the minimum documentation required for delayed registration or when the State Registrar has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action, and shall further advise the applicant of his or her right to seek an order from a court of competent jurisdiction.

16 Del. Admin. Code § 4205-11.0

20 DE Reg. 641( 2/1/2017) (Final)