50-15-222. Judicial birth facts procedure.
50-15-222. Judicial birth facts procedure. (1) If the department declines to register a certificate of birth under the provisions of 50-15-204 or 50-15-221, a petition signed and sworn to by the petitioner may be filed with the district court, seeking 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.
(2) The petition must be made on a form adopted or approved by the department and must allege:
(a) that the person for whom a certificate of birth is sought was born in this state;
(b) that a certificate of birth of the person cannot be found at the department or at the office of the clerk and recorder;
(c) that diligent efforts by the petitioner have failed to obtain the evidence to establish entitlement to a certificate of birth required in accordance with this chapter and rules adopted pursuant to this chapter;
(d) that the department has declined to file a certificate of birth; and
(e) other allegations as may be required by law.
(3) The petition must be accompanied by all documentary evidence that was submitted to the department in support of the applicant's registration and by a statement of the reasons why the department declined to register the certificate of birth.
(4) The district court shall fix a time and place for hearing the petition and shall give the department 30 days' notice of the hearing. The department through its authorized representative shall appear and testify as a witness in the proceeding if determined necessary by the court.
(5) If the district court finds, from the evidence presented, that the person for whom a certificate of birth is sought was born in this state, it shall make findings as to the date and place of birth, parentage, and other relevant facts and shall issue an order establishing the certificate of birth. The order must include the findings and birth data to be registered, a description of the evidence presented, and the date of the court's action.
(6) The clerk of the court shall forward the order referred to in subsection (5) to the department not later than the 10th calendar day of the month following the month in which it was entered. The order must be registered by the department and constitutes the court-ordered certificate of birth.
History: En. Sec. 13, Ch. 515, L. 1995.