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32-37 Establishing Date and Place of Birth

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CHAPTER 32-37ESTABLISHING DATE AND PLACE OF BIRTH32-37-01.Where proceeding maintained.Any citizen of the United States, eithernatural born or naturalized, may maintain a proceeding in accordance with this chapter in the<br>district court of the county in which the person resides for the purpose of having a judicial<br>determination of the date and place of the person's birth.32-37-02. How proceedings instituted - Contents of petition. Such proceedings forthe purpose of having a judicial determination of the date of birth and place of birth shall be<br>instituted by the filing of a petition, which must be duly verified by the petitioner, with the clerk of<br>the district court of the county in which the petitioner resides, setting forth:1.That the petitioner is a citizen of the United States.2.That the petitioner has resided in the state of North Dakota for one year last past and<br>in the county in which the action is brought for at least ninety days immediately<br>preceding the commencement of the action.3.The place and date of birth of the petitioner.4.If the petitioner was born within the United States of America, whether or not the<br>parents of the petitioner were transient aliens or alien public ministers or consuls.5.The names of the petitioner's parents, together with the addresses of the petitioner's<br>parents, if they are living.6.If the petitioner was born without the boundaries of the territorial United States of<br>America, facts sufficient to show that the petitioner is a citizen of the United States of<br>America, and the basis upon which citizenship rests.32-37-03. Notice given by clerk of district court. Upon the filing of a petition of thekind described in this chapter, the clerk of the district court with whom such petition is filed shall<br>issue a notice under the seal of the said district court fixing the time and place for the hearing<br>upon such petition. Such notice shall be published in the official newspaper of the county for two<br>successive weeks, the last publication to be at least ten days before the time set for hearing.<br>Proof of the publication required by this section shall be filed in the office of the clerk of the<br>district court on or before the date set for the hearing on such petition.32-37-04. Hearing - Who may appear - Judgment. Any citizen of the United Statesmay appear at the hearing provided for in this chapter and shall be heard in favor of or in<br>opposition to the petition, but all objections to said petition must be in writing and must be filed<br>with the court. Upon the hearing thereof, affidavits, including the affidavit of the petitioner, shall<br>be received in evidence and shall have the same force and effect as if the testimony had been<br>taken by deposition. If, after hearing, the court shall be satisfied by competent evidence of the<br>sufficiency of the petition, that the applicant is a citizen of the United States, that the applicant<br>has been a citizen of the state of North Dakota for one year last past and of the county for more<br>than ninety days preceding the filing of the petition, and that the applicant's date of birth and<br>place of birth are proven, it shall make appropriate findings of fact and conclusions of law and<br>shall order a judgment to that effect, and such judgment shall be entered in the office of the clerk<br>of the district court upon such order. A judgment establishing the date of birth and place of birth<br>of the petitioner shall be entitled to full faith and credit in the same manner as any other judgment<br>of the courts of this state. If, after hearing, the court is not satisfied that the date and place of<br>birth have been proven, it shall make appropriate findings of fact and conclusions of law and shall<br>enter an order for judgment denying the petition, and a judgment shall be entered upon such<br>order in the office of the clerk of the district court.Page No. 132-37-05. Fees paid by petitioner - Filing copy of judgment. The petitioner, upon thefiling of the petition, must pay to the clerk of the district court a filing fee as prescribed in<br>subsection 1 of section 27-05.2-03. The cost of the publication of the notice required by this<br>chapter shall be paid by the petitioner. In the event that said judgment shall establish the date<br>and place of birth of the petitioner, the clerk of the court shall certify a copy of such judgment and<br>file the same with the division of vital statistics, state department of health, Bismarck, North<br>Dakota.32-37-06. District courts have exclusive jurisdiction - Appeals. The district court ofthis state shall have exclusive jurisdiction to hear and determine all petitions made under this<br>chapter. Any citizen may appeal from the judgment rendered herein the same as in civil actions.Page No. 2Document Outlinechapter 32-37 establishing date and place of birth