§ 23-3-13 - Judicial procedure to establish facts of birth.
SECTION 23-3-13
§ 23-3-13 Judicial procedure to establishfacts of birth. – (a) If a delayed certificate of birth is rejected under the provisions of§ 23-3-12, a petition may be filed in the superior court for an orderestablishing a record of the date and place of the birth and the parentage ofthe person whose birth is to be registered.
(b) The petition shall allege:
(1) That the person for whom a delayed certificate of birthis sought was born in this state or was adopted by residents of this state;
(2) That no record of birth of the person can be found in theoffice of the state or local custodian of birth records;
(3) That diligent efforts by the petitioner have failed toobtain the evidence required in accordance with § 23-3-12;
(4) That the state registrar of vital records has refused toregister a delayed certificate of birth; and
(5) Other allegations as may be required.
(c) The petition shall be accompanied by a statement of theregistration official made in accordance with § 23-3-12(d)(1) and alldocumentary evidence which was submitted to the registration official insupport of the registration. The petition shall be sworn to by the petitioner.
(d) The superior court shall fix a time and place for hearingthe petition and shall give the registration official who refused to registerthe petitioner's delayed certificate of birth ten (10) days notice of thehearing. The official, or his or her authorized representative, may appear andtestify in the proceeding.
(e) If the court from the evidence presented finds that theperson for whom a delayed certificate of birth is sought was born in thisstate, it shall make findings as to the place and date of birth, parentage, andany other findings that the case may require and shall issue an order toestablish a record of birth. The court may use a form prescribed and furnishedby the state registrar of vital records. This order shall include the birthdata to be registered, a description of the evidence presented in the mannerprescribed by § 23-3-12, and the date of the court's action.
(f) The clerk of the superior court shall forward each orderto establish a record of birth to the state registrar of vital records notlater than the tenth (10th) day of the calendar month following the month inwhich it was entered. The order shall be registered by the state registrar ofvital records and shall constitute the record of birth, from which copies maybe issued in accordance with §§ 23-3-24 and 23-3-25.