39-278. PROCEDURE FOR DELAYED REGISTRATION OR AMENDMENT OF VITAL RECORD. (1) Following exhaustion of any administrative procedures or remedies provided by this chapter or by department rule, if an applicant has been denied a request to amend a vital record as provided by section 39-250(5), Idaho Code, or because the item for which an amendment is sought has already been once administratively denied, or if a delayed registration is rejected, including as provided in section 39-267, Idaho Code, the applicant may petition a court of competent jurisdiction of this state for an order establishing the facts necessary to establish or amend a vital record as provided in this section.

(2) The petition must be verified and must allege at least:

(a) If the petition is for a delayed registration of birth:

(i) That the person for whom the delayed certificate is requested was born in this state;

(ii) That the person’s birth is not registered in another state or country;

(iii) That a record for the person’s birth cannot be found in the state’s vital records;

(iv) That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed certificate of birth;

(v) That the state registrar has issued a final rejection of the application for a delayed certificate of birth; and

(vi) The following information:

1. The original full name and sex of the registrant;

2. The date of birth and place of birth, including the:

(A) Facility;

(B) City, town or location;

(C) County; and

3. The full maiden name of the mother; and

4. The full name of the father, unless the registrant was born out of wedlock.

(b) If the petition is for a delayed registration of death or stillbirth:

(i) That the person for whom the delayed certificate is requested died in this state;

(ii) That the person’s death is not registered in another state or country;

(iii) That a record for the person’s death cannot be found in the state’s vital records;

(iv) That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed certificate of death;

(v) That the state registrar has issued a final rejection of the application for a delayed certificate of death; and

(vi) The following information:

1. The full name and sex of the deceased;

2. The date and place of death, including the:

(A) Facility;

(B) City, town or location;

(C) County; and

3. For a stillbirth:

(A) The full maiden name of the mother; and

(B) The full name of the father, unless the mother was not married.

(c) If the petition is for another amendment to a vital record, in a manner otherwise permitted by department rule:

(i) The identity of the record registered with the state registrar and the item in the record the petitioner requests to be amended;

(ii) The change requested and the purpose of the amendment;

(iii) The rule under which the amendment is otherwise permitted; and

(iv) That the state registrar has issued a final rejection of the application for the requested amendment and the reason for the rejection.

(3) The petitioner must attach all evidentiary documents presented to the registrar and the written final letter of denial or rejection from the registrar.

(4) The petitioner must provide a complete copy of the petition, together with notice of the date, time and place of the hearing, by mailing a copy thereof at least fourteen (14) days before the time set for the hearing, by certified, registered or ordinary first class mail, to the state registrar at the address given in the written final letter of denial or rejection. The state registrar or an authorized representative may appear and present evidence at the hearing.

(5) If the court finds from the evidence presented that:

(a) The person for whom a delayed certificate of birth is requested was born in this state, it shall make findings as to:

(i) The original full name and sex of the registrant;

(ii) The date of birth and place of birth, including the:

1. Facility;

2. City, town or location;

3. County; and

(iii) The full maiden name of the mother; and

(iv) The full name of the father, unless the registrant was born out of wedlock.

(b) The person for whom a delayed certificate of death is requested died in this state, it shall make findings as to:

(i) The full name and sex of the deceased; and

(ii) The date and place of death, including the:

1. Facility;

2. City, town or location; and

3. County.

(c) The person requesting any other amendment to a vital record in a manner otherwise permitted by department rule has established the facts necessary for the amendment and the amendment is otherwise appropriate, it shall make an order amending the item in the vital record as requested.

(6) The order of the court shall include a description of the evidence presented and the date of the court’s action.

(7) The order of the court shall not alter the fees otherwise required by the registrar for the requested amendment, or the time frames otherwise provided for the registrar to administratively establish or make the amendment requested.

History:

[39-278, added 2010, ch. 78, sec. 3, p. 130.]