Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-32-5 - Delayed Registration of Birth5.1. Delayed Certificate of Birth Form. 5.1.a. All certificates registered one year or more after the date of birth shall be registered on a delayed certificate of birth prescribed and furnished by the State Registrar.5.2. Who May Request the Registration of a Delayed Certificate of Birth. 5.2.a. Any person born in this State whose birth is not recorded in this State, his or her parent or guardian, or any other person age 18 years or over acting for the registrant and having personal knowledge of the facts of birth may request registration of a delayed certificate of birth, subject to this rule and instructions issued by the State Registrar.5.2.b. 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 that person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated in the application; otherwise the application shall be signed and sworn to by one of the parents of the registrant, his or her guardian, or any other person age 18 years or over having personal knowledge of the facts of birth.5.3. Facts to be Established for a Delayed Registration of Birth. 5.3.a. The minimum facts which shall be established by documentary evidence shall be the following: 5.3.a.1. The full name of the person at the time of birth;5.3.a.2. The date of birth and state of birth;5.3.a.3. The full maiden name of the mother; and5.3.a.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 5.4. of this section.5.4. Delayed Registration Following a Legal Change of Status. 5.4.a. The State Registrar may establish a new delayed certificate of birth reflecting changes when evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination, or acknowledgment of paternity.5.4.b. The State Registrar shall place the existing certificate and the evidence upon which the new certificate was based in a special file. The 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 system of vital statistics.5.5. Documentary Evidence -- Requirements.5.5.a. 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: 5.5.a.1. A hospital record created at the time of birth, or two pieces of acceptable documentary evidence, if the record is filed within 10 years after the date of birth; or5.5.a.2. Three pieces of acceptable documentary evidence, if the record is filed 10 years or more after the date of birth.5.5.b. Facts of parentage shall be supported by at least one document.5.6. Documentary Evidence -- Acceptability. 5.6.a. The State Registrar shall determine the acceptability of all documentary evidence submitted. 5.6.a.1. Documents presented, including but not limited to census, hospital, church, and school records, shall be from independent sources and shall be in the form of the original record or a duly certified copy or a signed statement from the custodian of the record or document. Documents must have been established at least one year prior to the date of application.5.6.a.1.A. Affidavits of personal knowledge are not acceptable as evidence to establish a delayed certificate of birth unless the registrant is at least 10 years of age and the affidavit is signed by one of the parents.5.6.a.2. All documents submitted in evidence: 5.6.a.2.A. For persons age 10 years or over, except for affidavits of personal knowledge, must have been established at least 10 years prior to the date of application, or within 3 years of the date of birth; and5.6.a.2.B. For persons under 10 years of age, must be dated at least one year prior to the date of application or within the first year of life.5.7. Abstraction of Documentary Evidence. 5.7.a. The State 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: 5.7.a.1. The title or description of the document;5.7.a.2. The name and address of the custodian;5.7.a.3. The date of the original filing of the document being abstracted; and5.7.a.4. All birth facts required by subsection 5.3. of this section contained in each document accepted as evidence.5.7.b. The State Registrar shall return all documents submitted in support of the delayed birth registration to the applicant after review except for an affidavit of personal knowledge if submitted as documentation.5.8. Verification by the State Registrar. 5.8.a. The State Registrar shall verify: 5.8.a.1. That no prior birth certificate is on file for the person whose birth is to be recorded;5.8.a.2. That he or she has reviewed the evidence submitted to establish the facts of birth; and5.8.a.3. That the abstract of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the document.5.9. Dismissal After One Year. 5.9.a. The State Registrar may dismiss applications for delayed certificates which have not been completed within one year from the date of application. Upon dismissal, the State Registrar shall so advise the applicant and shall return all documents submitted in support of the registration.