Nev. Admin. Code § 440.320 - Documentary evidence: General requirements

1. Any document presented must have been created within 5 years before or after the event which is documented in order to show that the event occurred in Nevada, except where the State Registrar determines it is appropriate to take into account older or more recent records in his or her investigation of the case.

2. The State Registrar shall determine whether the documentary evidence submitted pursuant to NAC 440.330 is sufficient to warrant the filing of a delayed certificate of birth. The State Registrar may conduct an independent investigation of an application for a delayed certificate of birth at any time.

3. Any document submitted as evidence of the facts necessary for the filing of a delayed certificate of birth must be authenticated by being an original document or a copy of a verifiable document. The State Registrar may accept documents not otherwise authenticated if accompanied by an affidavit from the applicant declaring the authenticity of the document or the applicant's belief in the truth of its contents.

4. Documents that show erasures or alterations must not be accepted as evidence of a homebirth. If an applicant for a delayed certificate of birth for a homebirth has been unable to provide valid documentary evidence, a complete statement of the facts and the reason for the absence of such evidence must be noted on the delayed certificate of birth of the child.

5. All accepted documentary evidence must be listed as part of the record of delayed certificate of birth.

6. The inability of the applicant to furnish documentary evidence required by NAC 440.300 to 440.360, inclusive, does not preclude the State Registrar from filing a delayed certificate of birth if the State Registrar determines it is appropriate to do so.

Notes

Nev. Admin. Code § 440.320

Bd. of Health, Delayed Birth Certificates Art. 2 §§ 2.3.1-2.3.3, eff. 4-11-80; A by R066-16A, eff. 11/2/2016; A by R111-22A, eff. 7/26/2023

NRS 440.120, 440.620