La. Admin. Code tit. 48 § V-11115

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-11115 - Delayed Birth Certificates

A. Delayed Birth Certificates-Six Months to 12 Years

1. In instances where there exists no birth certificate of record of a person born in Louisiana, who is six months to 12 years of age ion file with the Vital Records Registry, an applicant shall be furnished an application with instructions for filing a certificate of birth for a child ages six months to 12 years only.

2. The state registrar shall not furnish such applications unless he is satisfied that the applicant thereof is the person who has no birth certificate or record, or is a member of the immediate or surviving family of said person, or is named in a court proceeding as a member of the immediate or surviving family of said person. The credentials of an attorney at law authorized to practice in this state, together with a written declaration of the record in which he is interested, that he is a legal representative of one of the named parties at interest, shall constitute sufficient proof of a direct interest in the matter to warrant being furnished an application.

3. The certificate shall be completed by a hospital official, unless the child is delivered by someone other than a physician, in permanent black ink, or with a black typewriter ribbon, The original signature of the physician or attendant who delivered the child must appear on the face of the certificate, certifying that the physician or attendant attended the birth of that child and that the child was bon alive on the date and hour stated on the certificate. The affidavit in the lower portion of the certificate must be signed by a parent or legal guardian, in the presence of a notary public. Upon completion, the certificate shall be forwarded to the health unit or local registrar in the parish of birth, where upon it will be forwarded to the central office of the state registrar in New Orleans for official recordation.

B. Delayed Birth Certificate-12 Years and Older

1. In instances where there exists no birth certificate of record on file for a person born in Louisiana and that person is 12 years of age or older, the applicant shall be furnished an application with instructions for filing a delayed certificate of birth.

2. The state registrar shall not furnish such applications unless he is satisfied that the applicant thereof is the person who has no birth certificate of record, or is a member of the immediate or surviving family of said person, or is named in a court proceeding as a member of the immediate or surviving family of said person. The credentials of an attorney at law authorized to practice in the state, together with a written declaration of the record in which he is interested, that he is a legal representative of one of the named parties at interest, shall constitute sufficient proof of a direct interest in the matter to warrant being furnished an application.

3. The applicant is required to submit certain documentation as evidence to establish the facts of birth. The types of records generally acceptable in establishing the facts of birth are listed below. Original records are preferred for examination; certified or true copies are acceptable only if it is impossible to secure original records.

a. Records that may support date of birth, birthplace and names of parents:

i. baptismal, cradle roll, confirmation certificate-form issued by church. The form must have the signature of the priest or pastor and the seal of the church;

ii. Social Security record-photostatic copy of application;

iii. attending physician's office record-notarized abstract signed by physician or custodian, based on office record made at time of birth;

iv. newspaper clipping (noting of birth)-notarized abstract signed by publisher showing the name of the newspaper and the date of issue;

v. public welfare record-certified abstract of record.

b. Records That May Support Date of Birth or Age and Name of Parent or Parents

i. School enrolling record-records of enrollment in two different schools on dates at least five years apart will be acceptable as two different records. Records must be signed by the principal of the school or the superintendent of schools. Records are not acceptable if signed by a teacher.

ii. Application for marriage license-if the registrant Is married, obtain the document from the clerk of court of the parish or county in which the license was issued.

iii. Local health unit records-the local registrar, upon request, will make a search of health unit records and if a record is found, will abstract the data contained therein on to the lower section of the delayed certificate.

c. Records That May Support Date and Place of Birth

i. Application for voting registration-if the registrant has been a qualified voter for more than five years, obtain from the registrar of voters or other authorized official a statement as to the facts of birth as given on the applicant's original registration record.

ii. Application for insurance-the registrant may obtain from the insurance company a statement as to the facts of birth contained on an original application for insurance. If the registrant has a photostatic copy of the insurance application in his possession, this Photostat may be submitted. Policies taken out with two different companies on dates at least five years apart will be acceptable as two different records. In every case it is necessary that the name and address of the company and the policy number be given. Forms are only acceptable when signed by a manager or other duly authorized representative of the company. Certifications by agents of companies are not recognized.

iii. Birth certificate of registrant's child-send the name of the child, date and place of birth, and the names of the child's parents (registrant and wife or husband) to the Office of Vital Records of the state in which the child was born. Request a photostatic certified copy.

d. Records That Support One or More Facts of Birth

i. Hospitalization, employment, fraternal and military services records-abstracts of hospitalization, employment and fraternal records may be obtained by writing said agencies. A military services record (discharge( may be submitted for perusal.

ii. Family bile records-acceptable as evidence only when the bible itself is presented to a local registrar.

iii. Record of federal or local census-if the registrant cannot secure and other records, he may apply to this office for a form to send to the U.S. Bureau of Census for a copy of records on file. Two federal census records of two different decades, together with an affidavit of personal knowledge will suffice.

4. When the state registrar has reasonable cause to question the validity, accuracy or authenticity of any evidence submitted, the state registrar shall so advise the applicant as provided by R.S. 40:60E as amended and reenacted by Act No. 776 of 1979.

5. The certificate shall be entitled "Delayed Certificate of Birth." All delayed certificates of birth are reviewed for correctness and acceptability by the Vital Records Registry. Acceptable certificates are numbered and filed accordingly. Unacceptable certificates are returned for further investigation and clarification. If there is no response from an applicant or the applicant is unable to submit the necessary documentation within a six month period the file shall be closed and the materials and documents returned.

6. In addition, any person born in Louisiana who is over 12 years of age and who has no birth record on file with the Vital Records Registry may establish a birth record as provided by R.S. 40:67 through R.S. 40:71 as amended and reenacted by Act No. 776 of 1979.

La. Admin. Code tit. 48, § V-11115

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:32, R.S. 40:33, R.S. 40:59, R.S. 40:60, R.S. 40:67, and R.S. 40:71.