(a) If a delayed certificate of birth is not accepted under AS 18.50.180, a petition may be filed with the superior court for an order establishing a record of the date and place of birth of the person.
(b) The petition shall be made on a form prescribed and furnished by the bureau, and must contain the following statements, sworn to by the petitioner:
(1) that the person for whom a delayed certificate of birth is sought was born in the state;
(2) that no record of birth of the person can be found in the bureau or in the files of the local custodian of birth records;
(3) that diligent efforts by the petitioner have failed to obtain the necessary evidence to file a delayed certificate with the bureau;
(4) that the state registrar has refused to register a delayed certificate of birth;
(5) other statements and information as may be required.
(c) The petition shall be accompanied by a statement of the state registrar made in accordance with AS 18.50.180(f) and all documentary evidence that was submitted to the bureau in support of the registration.
(d) The court shall fix a time and place for hearing the petition, and the state registrar shall be given 15 days' notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding.
(e) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in the state, it shall make findings as to the place and date of birth, and other findings the petition requires and shall issue an order on a form prescribed and furnished by the bureau to establish a record of birth. This order must include the birth data to be registered, a description of the evidence presented in the manner prescribed under AS 18.50.180, and the date of the court's action, and shall be marked as a court order.
(f) The clerk of the superior court shall forward each order to the bureau before the 11th day of the calendar month following the month in which it was entered. The bureau shall register the order and the order constitutes the record of birth. Copies of the record of birth may be issued in accordance with the provisions of this chapter.
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