Section 260. Procedure and requirements for delayed birth registration seven or more years after date of birth

A. Application for a delayed birth registration after seven years have elapsed since the date of birth shall be made to the State Registrar and shall be filed according to instructions issued by the State Registrar.

B. If a prior birth certificate is located for the registrant, a delayed birth certificate shall not be filed. The final acceptance of a delayed birth certificate for filing shall remain in a pending status until evidence is submitted in support thereof satisfactory to the State Registrar as outlined in subsection E of this section, or until one year from the date of application, in which event the application shall lapse.

C. The following facts concerning the person whose birth is to be registered must be established:

1. The full name of the person at the time of birth, except that the delayed certificate may reflect a name established by adoption or legitimation when such evidence is submitted;

2. The date and place of birth; and

3. The names of the parents, except that if the mother of the child was not married to the father of the child at the time of birth, or during the 10 months preceding such birth, the name of the father shall not be entered on the delayed certificate unless the child has been adopted or legitimated, or parentage has been determined by a court of competent jurisdiction pursuant to § 32.1-257 of the Code of Virginia, or both natural parents present a sworn acknowledgement of paternity.

D. Delayed birth certificates shall be prepared on forms supplied by the State Registrar. Each such delayed certificate shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if such person is available and is competent to sign and swear to the accuracy of the facts stated therein; if not, the application shall be signed and sworn to by one of the parents, guardian, legal representative, or by an older person having knowledge of the facts of birth.

E. The birth facts entered on the delayed certificate shall be supported by at least three pieces of documentary evidence; except that:

1. If one of the documents was established before the registrant's seventh birthday, only two such documents shall be required.

2. If the person whose birth is being registered is 15 years of age or under, only two such documents shall be required.

F. All documents used shall be primary evidence, such as school admission records, physician's records, insurance applications, baptismal records, federal census abstracts, immunization records, or passports. Only one affidavit of personal knowledge shall be used as an additional supporting document.

G. Facts of parentage need only be supported by one such document described in subsection F of this section.

H. Documents shall be in the form of the original or certified or true copies of the original.

I. All documents, except the affidavit of personal knowledge, shall be returned to the applicant after review.

J. Whether delayed certificates and documentary evidence submitted conform with this chapter and are acceptable for filing shall be determined by the State Registrar. If, in his judgment, an applicant does not submit the documentation required in support of the facts of birth or if there appears reason to question the delayed registration, the delayed birth certificate shall not be accepted and the applicant shall be advised of its deficiencies.

1. If a delayed birth certificate is acceptable for filing, the State Registrar or his designated representative shall abstract on the delayed birth certificate form a description of each document submitted in support of the delayed registration, including the kind and title of the document; the name and relationship of the affiant if the document is an affidavit of personal knowledge; the date the document was originally established; and

2. The State Registrar or his designated representative shall then enter the date of filing of the delayed registration, and by his signature thereto shall certify:

a. That no prior birth certificate is on file for the person whose birth is to be registered.

b. That the documentary evidence submitted to establish the facts of birth has been reviewed and is in conformity with the stated facts.

Historical Notes

Derived from VR355-29-100 § 8.4, eff. April 1, 1995; amended, Volume 19, Issue 26, eff. October 8, 2003.

Statutory Authority

§§ 32.1-12 and 32.1-250 of the Code of Virginia.