Md. Code Regs. 10.03.01.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.03.01.04 - Delayed Birth Registration

A. Certificate Form. Delayed birth registrations, certificates, and all copies of them shall include, in addition to other items:

(1) The word "DELAYED", prominently printed;

(2) The date of filing; and

(3) An abstract of the supporting evidence, giving a description of the essential features of the documents and the relevant content of them (any inconsistencies shall be specifically noted).

B. Acceptable Records.

(1) Documents listed under Regulation .03B(4) of this chapter are the records which may be submitted as proof of the facts alleged.

(2) The name, birth date, and birthplace shall be established by three supporting records.

(3) The parentage shall be established by at least one record.

(4) Supporting records shall be at least 3 years old unless the individual is under 7 years old.

C. Examination and Approval of Evidence.

(1) The supporting records shall be submitted to the Secretary for approval, provided that bulky records, difficult to transport, may be submitted to a local health officer or a notary public for execution of a certificate of inspection, upon a form to be provided by the Secretary.

(2) Supporting evidence may not be regarded as finally approved unless accepted by the Secretary.

D. Cancellation of Records.

(1) When the Secretary is satisfied that a delayed birth certificate was obtained through fraud or misrepresentation, the Secretary shall send to the person named in the certificate a notice in writing of the intention to cancel the certificate. The notice shall give this person an opportunity to appear and show cause why the certificate should not be cancelled.

(2) The notice may be served on the person named in the certificate or, in the case of a minor or incompetent person, to the person's parent or guardian by forwarding the notice by registered mail to the person's last known address on file in the Department.

(3) Unless the person named in the certificate, or the parent or guardian, within 30 days after the date of mailing the notice, shows cause satisfactory to the Secretary why the certificate should not be cancelled, the Secretary shall cancel the certificate.

Md. Code Regs. 10.03.01.04

Regulations .04 repealed effective November 30, 1987 (14:24 Md. R. 2555)
Regulations .04 adopted effective November 30, 1987 (14:24 Md. R. 2555)