§ 5076 - -Notice; hearing; decree; record
§ 5076. -Notice; hearing; decree; record
(a) The probate court shall set a time for hearing on a petition filed under section 5075 of this title, cause notice thereof, if it deems such necessary, by posting a notice in the probate office, and after hearing such proper and relevant evidence as may be presented shall make findings with respect to the birth of such person as are supported by the evidence.
(b) The court shall thereupon issue a decree setting forth the facts as found and transmit a certified copy thereof to the supervisor of vital records registration.
(1) Where the certificate is to be amended, the supervisor of vital records registration shall transmit the decree to the town clerk where the birth occurred, with instructions to amend the original certificate. A correction shall be made by drawing a line through the matter to be corrected and writing in new matter as required to show the legal effects. The town clerk shall stamp, write or type the words "Court Amended" at the top of the amended certificate and all copies thereof and shall certify that the amendment was ordered by said court pursuant to this chapter with the date of decree. The town clerk shall send a certified copy of such completed or corrected birth record, showing new matter added, or changed matter lined out and the substituted matter as it appears thereon, to the commissioner and also to the clerk of any town to whom a copy of the original record was sent under the provisions of section 5009 of this title, and shall enclose with that copy, but not endorsed thereon, a notation identifying the original.
(2) Where a delayed certificate is to be issued, the supervisor of vital records registration shall prepare a delayed certificate of birth on forms prescribed by the department and transmit the same, with the decree, to the clerk of the town in which the birth occurred. This delayed certificate shall have the word "Delayed" printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file this delayed certificate and shall follow the provisions of sections 5009 and 5010 with respect to transmitting copies to the town of residence and to the department of health.
(3) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of births and also index them with births occurring at the same time. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1979, No. 142 (Adj. Sess.), §§ 11, 26; 1985, No. 33, § 2.)