31-10-11. Registration of delayed birth certificate.

When a birth certificate of a person born in this state has not been filed before that person’s first birthday, a delayed birth certificate may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth.#

Delayed birth certificates filed after the first birthday shall be made on forms prescribed by the state registrar, marked “Delayed,” and shall show on their face the date of the delayed registration.#

A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed birth certificate.#

When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to question the validity or adequacy of the applicant’s sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed birth certificate and shall advise the applicant in writing of the reasons for this action and shall further advise the applicant of the applicant’s right of judicial appeal.#

The department may by regulation provide for the dismissal of an application which is not actively prosecuted.#

No delayed birth certificate shall be registered for a deceased person.#