§ 23-3-13 Judicial procedure to establish facts 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 order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall allege:
(1) That the person for whom a delayed certificate of birth is 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 the office of the state or local custodian of birth records;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 23-3-12;
(4) That the state registrar of vital records has refused to register a delayed certificate of birth; and
(5) Other allegations as may be required.
(c) The petition shall be accompanied by a statement of the registration official made in accordance with § 23-3-12(d)(1) and all documentary evidence which was submitted to the registration official in support of the registration. The petition shall be sworn to by the petitioner.
(d) The superior court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth ten (10) days notice of the hearing. The official, or his or her authorized representative, may appear and testify in the proceeding.
(e) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and any other findings that the case may require and shall issue an order to establish a record of birth. The court may use a form prescribed and furnished by the state registrar of vital records. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by § 23-3-12, and the date of the court's action.
(f) The clerk of the superior court shall forward each order
to establish a record of birth to the state registrar of vital records not
later than the tenth (10th) day of the calendar month following the month in
which it was entered. The order shall be registered by the state registrar of
vital records and shall constitute the record of birth, from which copies may
be issued in accordance with §§ 23-3-24 and 23-3-25.
(P.L. 1961, ch. 87, § 1; P.L. 1986, ch. 193, § 1.)