Section 1200-07-01-.03 - DELAYED REGISTRATION OF BIRTH(1) Registration - Ten days to one year.(a) Certificates of birth filed after ten days, but within six months from the date of birth, shall be registered on the standard form of live birth certificate in the manner prescribed in Section 6 of the Vital Records Act. Such certificate shall not be marked "Delayed."(b) Certificates of birth filed after six months, but within one year from date of birth, shall be registered on the standard form of live birth certificate in the manner prescribed in T.C.A. §§ 68-3-301 through 68-3-306. Such certificates shall be marked "delayed" on the face of the certificate.(c) 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 therefore must be attached to the certificate. The State Registrar may require additional evidence in support of the facts of birth and/or an explanation of why the certificate of birth was not filed within the required ten days.(2) Delayed Certificate of Birth Form. All certificates registered one year or more after the date of birth are to be registered on a delayed certificate of birth form prescribed by the State Registrar.(3) Who May Request the Registration of and Sign a Delayed Certificate of Birth. (a) Any person born in this State whose birth is not recorded in this State, or his parent, guardian, next of kin, 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.(b) Each 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 at least 12 years old and is competent to sign and swear to the accuracy of the facts stated therein; otherwise the certificate shall be signed and sworn to by one of the following in the indicated order of priority. 1. One of the parents of the registrant, or2. The guardian of the registrant, or3. The next of kin of the registrant.(4) Facts to be Established for a Delayed Registration of Birth.(a) The minimum facts which must be established by documentary evidence shall be the following: 1. The full name of the person at the time of birth;2. The date of birth and place of birth;3. The full name of the mother;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 Regulation 3.5.(5) Delayed Registration Following a Legal Change of Status.(a) When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination or acknowledgment, A new certificate of birth may be prepared on a form in current use to reflect such change.(b) 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 records program.(6) 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 certificate of birth shall be supported by at least:1. an affidavit of a parent or the attendant at birth and one piece of documentary evidence establishing the facts of birth, or2. an affidavit of two persons, at least one of whom is not related to the registrant by blood or marriage, and one piece of documentary evidence establishing the facts of birth, or3. two pieces of documentary evidence which establish the facts of birth.(b) Facts of parentage shall be supported by at least one document which may be one of the documents above other than an affidavit of personal knowledge.(7) 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 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.(c) All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least five years prior to the date of application or have been established prior to the applicant's tenth birthday.(d) An affidavit of personal knowledge, to be acceptable, must be prepared by one of the parents, the next of kin, or any older person and must be signed before an official authorized to administer oaths. In all cases, the affiant must be at least ten years older than the applicant and have personal knowledge of the facts of birth.(8) Abstraction of Documentary Evidence. (a) The State Registrar, or any Local Registrar 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: 1. The title or description of the document;2. 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 signed statement;3. The date of the original filing of the document being abstracted;4. The information regarding the birth facts contained in the document.(b) All documents submitted in support of the delayed birth registration shall be returned to the applicant after review and abstraction.(9) Certification by the State Registrar.(a) The State Registrar, or any Local Registrar, shall, by his signature, certify: 1. That no prior birth certificate is on file for the person whose birth is to be recorded;2. That he has reviewed the evidence submitted to establish the facts of birth;3. That the abstract of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the document.(10) 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 advise the applicant of his decision and all documents submitted in support of such registration shall be returned to the applicant.Tenn. Comp. R. & Regs. 1200-07-01-.03
Original rule filed June 7, 1974. Repeal and new rule filed January 18, 1978; effective February 17, 1978. Amendments filed March 27, 1989; effective May 11, 1989. Amendment filed August 12, 1999; effective October 26, 1999.Authority: T.C.A. §§ 4-5-202, 63-3-103, and 68-3-308.