Idaho Admin. Code r. 16.02.08.650

Current through September 2, 2024

Section 16.02.08.650 - LATE OR DELAYED REGISTRATION OF BIRTH

01.Late Registration -- Fifteen Days to One Year.

a. Birth certificates filed after fifteen (15) days, but within one (1) year from the date of birth, will be registered on the standard form of live birth certificate in the manner prescribed in Section 39-255, Idaho Code. Such certificate will not be marked as delayed.

b. In any case where the certificate is signed by someone other than the attendant or person in charge of the institution where birth occurred, a notarized statement setting forth the reason must be attached to the certificate. The State Registrar may require additional evidence in support of the facts of birth.

02.Form of Delayed Birth Certificate. All certificates registered one (1) year or more after the date of birth will be registered on a delayed birth certificate form.

03.Who May Request the Registration of and Sign a Delayed Birth Certificate.

a. Any person born in this state whose birth is not recorded in this state, or the parent, guardian, next of kin of that person, or older person acting for the registrant and having personal knowledge of the facts of birth, may request the registration of a delayed birth certificate, subject to these rules and instructions issued by the State Registrar.

b. Each delayed birth certificate must be signed and sworn to before a notary public by the person whose birth is to be registered if such person is eighteen (18) years of age or older and is competent to sign and swear to the accuracy of the facts stated therein; otherwise, the certificate must be signed and sworn to by one (1) of the following in the indicated order of priority:

i. One (1) of the parents of the registrant; or

ii. The guardian of the registrant; or

iii. The next of kin of the registrant; or

iv. Any older person over eighteen (18) years of age having personal knowledge of the facts of birth.

04.Facts to be Established for a Delayed Registration of Birth. The minimum facts that must be established by documentary evidence are the following:

a. The original full name of the registrant;

b. The date of birth and place of birth;

c. The full maiden name of the mother; and

d. The full name of the father, unless the registrant was born out of wedlock, in which case the name of the father will not be entered on the delayed certificate except as provided in Sections 39-250, 39-255, or 39-257, Idaho Code, and rules adopted in accordance with these statutes.

05.Delayed Registration Following a Legal Change of Status.

a. When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination, acknowledgment of paternity, or a court-ordered name change, a new delayed certificate may be established to reflect such change.

b. In such cases changing legal status, when no birth certificate is found, the delayed certificate may be filed reflecting the information established by the legal change.

06.Documentary Evidence -- Requirements.

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

i. Two (2) pieces of documentary evidence, only one (1) of which may be an affidavit of personal knowledge, if the record is filed within seven (7) years after the date of birth.

ii. Three (3) pieces of documentary evidence, only one (1) of which may be an affidavit of personal knowledge, if the record is filed seven (7) years or more after the date of birth. One (1) document must be dated within seven (7) years after the date of birth.

b. Facts of parentage must be supported by at least one (1) document. This document may be one (1) of the documents above other than an affidavit of personal knowledge.

07.Documentary Evidence -- Acceptability.

a. The State Registrar may establish a priority of best evidence.

b. Documents presented, such as census, hospital, church, and school records, must be from independent sources and be in the form of the original record or a certified copy of the original or a notarized statement and copy from the custodian of the record or document.

c. All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least ten (10) years prior to the date of application or have been established prior to the applicant's seventh birthday.

d. An affidavit of personal knowledge, to be acceptable, must be made by a parent of the applicant or an older person other than a parent, who is over eighteen (18) years of age and be signed before a notary public. In all cases, the affiant must be at least ten (10) years older than the applicant and have personal knowledge of the facts of birth.

08.Abstraction of Documentary Evidence.

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

i. The title or description of the document;

ii. The name and address of the affiant, if the document is an affidavit of personal knowledge, or of the custodian, if the document is an original or certified copy of a record or a notarized statement from the custodian;

iii. The date of the original filing of the document being abstracted; and

iv. The information regarding the birth facts contained in the document.

b. All documents submitted in support of the delayed birth registration will be returned to the applicant after review, provided, however, that the State Registrar may make and keep on file abstracts or photocopies of any such documents.

09.Certification by the State Registrar. The State Registrar, or a designated representative, will by signature certify:

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

b. That the State Registrar or a designated representative has reviewed the evidence submitted to establish the facts of birth; and

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

10.Dismissal After One Year. Applications for delayed certificates that have not been completed within one (1) year from the date of application may be dismissed at the discretion of the State Registrar. Upon dismissal, the State Registrar will so advise the applicant, and all documents submitted in support of such registration will be returned to the applicant.

Idaho Admin. Code r. 16.02.08.650

Effective March 15, 2022