(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in this state;
(2) That no certificate of birth of the person can be found in the Division of Vital Records;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and regulations adopted pursuant to § 20-18-401 or § 20-18-402;
(4) That the state registrar has refused to file a certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.
(f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.