A.
Form
1. Births registered eight or more years
after the date of birth shall be recorded on the delayed birth registration
form and filed with the Office of Vital Statistics. The form shall be signed
and sworn to before an official authorized to take oaths, by the person
applying for the delayed registration.
2. Any certified copy of a delayed birth
registration shall be made by photocopying the original or by transferring the
information it contains onto the "copy of a delayed birth registration"
form.
B. Who May Apply
1. Ages 8-14 Years
The delayed birth registration shall be submitted by the
parent(s) or guardian of the registrant.
2. Emancipated Minor
The delayed birth registration shall be submitted by the
registrant.
3. Ages 15 and
Older
The delayed birth registration shall be submitted by the
registrant.
4. Mentally
Incompetent Persons Aged 15 and Older
The delayed birth registration shall be submitted by the
parent(s) or guardian of the registrant.
C. Facts to be Established
The minimum facts which must be established by documentary
evidence shall be the following:
1.
Birth Facts
a. The full name of the person at
the time of birth;
b. The
registrant's sex;
c. The date of
birth (month, day, year) and place of birth (town, state);
2. Parentage
a. The full maiden name of the
mother;
b. The full name of the
father;
D.
Documentary Evidence - Requirements
1. Ages
8-14 Years
a. The full name of the
registrant, date and place of birth must be supported by at least two pieces of
documentary evidence, only one of which may be an affidavit of personal
knowledge.
b. Parentage must be
supported by at least one document, which may be an affidavit of personal
knowledge.
2. Ages 15
and Older
a. The full name of the registrant,
date and place of birth must be supported by at least three pieces of
documentary evidence, only one of which may be an affidavit of personal
knowledge.
b. Parentage must be
supported by at least one document, which may be an affidavit of personal
knowledge.
3.
Consistency Among Documents
All documents submitted as evidence must be in agreement as
to the facts which they are to establish. Different documents may be used in
support of specific birth facts, but they may not contradict one another in any
of the birth facts to be established. On all documents used to support the
name, names must be spelled alike and be given in the same order as shown on
the application. Documents which contain only the first initial of one of the
applicant's middle name(s) may be used as evidence to support date, place of
birth and parentage.
E. Documentary Evidence - Acceptability
1. Documents presented, such as census,
hospital, church, health care, 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.
2. 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 shall
be a copy or abstract of a record made at least five years prior to the date of
application.
3. An affidavit of
personal knowledge, to be acceptable, must be prepared by one of the parents,
other relative, or any older person having personal knowledge of the facts of
birth and must be signed before an official authorized to administer oaths. In
all cases, the affiant must be 18 years of age or older, be at least five years
older than the applicant, and have personal knowledge of the facts of
birth.
F. Abstraction of
Documentary Evidence
The Office of Vital Statistics shall abstract on the delayed
birth registration a description of each document submitted to support the
facts shown. 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 from the custodian;
3. The date of the original filing of the
document being abstracted;
4. The
information regarding the birth and parentage facts contained in the document.
All documents submitted in support of the delayed birth
registration shall be returned to the applicant after review.
G. Certification by the State
Registrar
The state registrar shall, by certified statement with a
seal, certify:
1. That no prior birth
certificate is on file, in the registrar's files or at the municipality where
the birth occurred, for the person whose birth is to be recorded;
2. That the evidence submitted to establish
the facts of birth has been reviewed;
3. That the abstract of the evidence
appearing on the delayed birth registration accurately reflects the nature and
content of the document.
4. That
the delayed birth registration is accepted for registration.
H. Distribution
After the delayed birth registration has been accepted and
registered by the Office of Vital Statistics, certified copies shall be
forwarded to the municipal clerk at the place of birth.
I. Deficiencies
When the applicant does not submit the minimum documentation
specified in this chapter, or when the state registrar has reasonable cause to
question the validity or adequacy of the documentation, and if the deficiencies
are not corrected, the registrar shall not accept the delayed birth
registration but shall advise the applicant of its deficiencies and request
that further documentation be submitted.
J. Dismissal after One Year
Applications for delayed registration 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 registrar shall so
advise the applicant and all documents submitted in support of such
registration shall be returned to the applicant.
